SB275 H JUD AMT

Casto  3264

The Committee on Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill 275 ‑ A Bill to amend and reenact §3‑10‑3 and §3‑10‑3a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §16‑2D‑16a; to amend said code by adding thereto a new section, designated §23‑1‑1h; to amend and reenact §23‑5‑1, §23‑5‑3, §23‑5‑5, §23‑5‑6, §23‑5‑8, §23‑5‑9, §23‑5‑10, §23‑5‑11, §23‑5‑12, §23‑5‑13, §23‑5‑15, and §23‑5‑16 of said code; to amend said code by adding thereto a new section, designated §23‑5‑8a; to amend and reenact §29A‑5‑4; to amend and reenact §29A‑6‑1 of said code; to amend said code by adding thereto a new section designated §51‑2A‑24 of said code; to amend and reenact §51‑9‑1a of said code; to amend said code by adding thereto a new article, designated §51‑11‑1, §51‑11‑2, §51‑11‑3, §51‑11‑4, §51‑11‑5, §51‑11‑6, §51‑11‑7, §51‑11‑8, §51‑11‑9, §51‑11‑10, §51‑11‑11, §51‑11‑12, §51‑11‑13, and §51‑11‑14; and to amend and reenact §58‑5‑1 of said code, all relating generally to the West Virginia Appellate Reorganization Act of 2020; providing a process to fill judicial vacancies in an Intermediate Court of Appeals; transferring jurisdiction over appeals of decisions of the Health Care Authority in certificate of need reviews from the Workers’ Compensation Office of Administrative Judges to the Intermediate Court of Appeals; transferring jurisdiction over objections filed in workers’ compensation claims from the Office of Judges to the Workers’ Compensation board of review; terminating the Office of Judges by a certain date and transferring all powers and duties, related to objections, from the Office of Judges to the board of review; providing that the Insurance Commissioner shall have administrative oversight and authority over the board of review; authorizing the board of review to hire hearing examiners meeting certain qualifications and classified as attorneys; requiring the chairman of the board of review to assign a member of the board to each objection; establishing the duties of board of review; requiring that all orders and decisions of the board of review pertaining to an objection be issued and signed by a single member of the board of review, with certain exceptions; permitting the board of review member assigned to an objection to delegate certain duties to a hearing examiner; establishing the administrative powers and duties of the board of review; increasing the limit on the annual salary of a board of review member; authorizing the board of review to promulgate rules of practice and procedure, and establishing a process therefor; establishing duties of the chairman of the board of review; providing that the administrative expenses of the board of review shall be included in annual budget of the Insurance Commissioner; providing that petitions for review of final decisions of the Workers’ Compensation Board of Review must be made to the Intermediate Court of Appeals; establishing certain procedures and other requirements for appeals of board of review decisions made to the Intermediate Court of Appeals; providing that the parties to a workers’ compensation claim have the right to petition the Supreme Court of Appeals for review of a decision of the Intermediate Court of Appeals; requiring that appeal of contested cases under the State Administrative Procedures Act be made to the Intermediate Court of Appeals; transferring jurisdiction to review family court final orders from circuit courts to the Intermediate Court of Appeals; creating an Intermediate Court of Appeals in West Virginia to be operational by a certain date; providing a short title; providing legislative findings; defining terms; establishing and defining two geographical districts of the Intermediate Court of Appeals; requiring a three‑judge panel for proceedings of each district of the Intermediate Court of Appeals; specifying the primary location of proceedings and offices of each district of the court; authorizing jurisdiction of the Intermediate Court of Appeals over certain matters; excluding certain matters from jurisdiction of the Intermediate Court of Appeals; providing that parties to an appeal in the Intermediate Court of Appeals shall have an opportunity for a full and meaningful review on the record of the lower tribunal and an opportunity to be heard; establishing a procedure by which parties to an appeal in the Intermediate Court of Appeals may file a motion for direct review of an appeal by the Supreme Court of Appeals in certain circumstances; providing eligibility criteria for judges of the Intermediate Court of Appeals; providing a process for initial election of judges to the Intermediate Court of Appeals to serve staggered terms upon the court’s creation; providing for the regular election of a judge to each district of the Intermediate Court of Appeals upon the expiration of a sitting judge’s term; providing for a run-off election between the two judicial candidates receiving the highest number of votes in certain circumstances; providing that judges of the Intermediate Court of Appeals may not be pre-candidates or candidates for any other elected public office during the judicial term; establishing certain requirements for the filing of appeals to the Intermediate Court of Appeals; clarifying that an appeal bond may be required before appeal to the Intermediate Court of Appeals may commence; requiring the Chief Judge of the Intermediate Court of Appeals to publish and submit certain reports to the Legislature and Supreme Court of Appeals regarding pending cases; authorizing filing fees; providing for deposit of filing fees in a special revenue account to fund the State Police Forensic Laboratory; recognizing the constitutional authority of the Supreme Court of Appeals to exercise administrative authority over the Intermediate Court of Appeals; providing that procedures and operations of the Intermediate Court of Appeals shall comply with rules promulgated by the Supreme Court of Appeals; requiring that appeals to the Intermediate Court of Appeals and related filings be filed with the Clerk of the Supreme Court of Appeals; providing that Intermediate Court of Appeals proceedings shall take place in facilities arranged by the Administrative Director of the Supreme Court of Appeals; granting the Intermediate Court of Appeals discretion to require oral argument; authorizing the Administrative Director of the Supreme Court of Appeals to employ staff for Intermediate Court of Appeals operations; providing that the budget for Intermediate Court of Appeals operations shall be included in the appropriation for the Supreme Court of Appeals; authorizing the Intermediate Court of Appeals to issue opinions as binding precedent for lower courts; providing that the Intermediate Court of Appeals shall issue written decisions as a matter of right; providing for discretionary review of Intermediate Court of Appeals decisions by Supreme Court of Appeals; providing for post-judgment interest on orders or judgments appealed from the Intermediate Court of Appeals to the Supreme Court of Appeals and establishing the rate of interest; authorizing an annual salary, retirement benefits, and reimbursement of expenses for judges of the Intermediate Court of Appeals; providing for reimbursement of expenses of Intermediate Court of Appeals staff; providing internal effective dates; removing obsolete language from the code; and making technical corrections to the code.

Adopted

Rejected