Senate Bill No. 645
(By Senators Kessler, Foster, Jenkins, Browning and McCabe)
[Introduced February 22, 2010; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
4, all relating to authorizing a new court to be
known as the Intermediate Court of Appeals; and delineating
the structure and duties thereof.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §51-1B-1, §51-1B-2,
§51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8,
all to read as follows:
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1B. INTERMEDIATE COURT OF APPEALS.
§51-1B-1. Judges; their qualifications; how selected.
An Intermediate Court of Appeals is established which shall
consist of rotating panels of three judges. A judge may not be
permanently assigned to this court, but each judge shall be
assigned to hear cases before the court by designation. Two of the
three judges of each panel of the Intermediate Court of Appeals
shall be selected from sitting or retired circuit court judges and
one shall be a sitting justice of the West Virginia Supreme Court
of Appeals. The Supreme Court of Appeals shall establish a process
for determining the members of each Intermediate Appeals Court
panel by random method.
The Intermediate Court of Appeals does not original
jurisdiction. It has appellate jurisdiction in civil cases where
the matter in controversy, exclusive of costs, is of greater value
or amount than $100; in controversies concerning the title or
boundaries of land, the probate of wills, the appointment or
qualification of a personal representative, guardian, committee or
curator, or concerning a mill, road, way, ferry or landing or the
right of a corporation or county to levy tolls or taxes; in cases
of quo warranto, habeas corpus, mandamus, certiorari and
prohibition and in cases involving freedom or the constitutionality
of law. It has appellate jurisdiction in criminal cases where
there has been a conviction for felony or misdemeanor in a circuit
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §51-1B-1, §51-1B-2,
§51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8,
court and where a conviction has been had in any inferior court and
been affirmed in a circuit court and, in cases relating to the
public revenue, the right of appeal belongs to the state, as well
as the defendant, and such other appellate jurisdiction, in both
civil and criminal cases, as may be prescribed by law. It has
appellate jurisdiction in all cases involving appeals of worker's
compensation cases. Appeal to the Intermediate Court of Appeals is
an appeal of right upon an assignment of error in the judgment or
proceedings of a circuit court; it does not have discretion to
reject any appeal.
§51-1B-3. Regulation of pleading, practice and procedure.
The Supreme Court of Appeals may, from time to time, make and
promulgate general rules and regulations governing pleading,
practice and procedure in the Intermediate Court of Appeals as in
all other courts of record of this state.
§51-1B-4. Regular terms.
Two terms of the Intermediate Court of Appeals shall be held
every year, at such place as each of the Intermediate Courts of
Appeals shall sit; the first commencing on the second Tuesday in
January, the second on the first Wednesday in September, and shall
continue until the business is dispatched. But when, in the
judgment of the court, extraordinary circumstances require, the
term or terms may be held at such other place or places within the
state as the court may designate, such times and places to be fixed
in the manner provided in this article for holding special terms of
§51-1B-5. Special terms.
Special terms of the Intermediate Court of Appeals may be held
for the trial and decision of causes at the place for holding the
regular terms thereof, and under extraordinary circumstances at
such other times and places as the court may designate by an order
entered of record at a regular or special term of said court.
§51-1B-6. Warrant of judges appoint special term.
The judges of the court, or a majority of them, may, by
warrant signed by them, directed to the clerk, appoint a special
term to be held for the trial and decision of causes at their
regular place of sitting or, under extraordinary circumstances, at
any other point within the state designated by them, or which may
hereafter be designated by law for holding regular terms thereof.
The clerk shall enter the warrant in the order book of the court.
§51-1B-7. Hearing of cases at special term.
At any special term of the court, any cause, the record of
which has been previously printed may, in the discretion of the
court, be heard and decided by consent of parties or their counsel,
entered of record, or upon at least thirty days notice in writing,
given by the party desiring the hearing to the opposite party or
that party's counsel, of that party's intention to insist on a
hearing, when the same may, in the discretion of the court, be
heard and determined at any such special term.
§51-1B-8. What cases may be decided at regular or special term.
The court may, at any regular or special term, decide any
cause or proceeding which may have been previously heard by the
court at any regular or special term thereof.
The court may, at any regular or special term, adjourn from
day to day or from time to time, as the court may order, until its
§51-1B-10. Salary of justices.
The salary of each of the judges appointed to serve as members
of an Intermediate Court of Appeals shall be their regular salary
in their elected capacity.
§51-1B-11. Clerk; deputy, associate and assistant clerks;
proofreader; other clerical assistants;
The Intermediate Court of Appeals shall appoint one chief
clerk. The annual compensation of the chief clerk shall be fixed
by the court and shall be in lieu of all other fees, costs,
allowances, compensation, perquisites and income of whatever kind
by virtue of his office. The Intermediate Court of Appeals may
appoint one deputy clerk, one assistant clerk and such other full-
time and part-time clerical assistants as are deemed necessary and
reasonable to perform properly the functions and duties of the office of the clerk. The Supreme Court of Appeals of West Virginia
shall fix their compensation which shall be payable out of the
biennium appropriations made by the Legislature of West Virginia,
personal service account, for the spending unit of the Supreme
Court of Appeals, by requisitions drawn against the Auditor of the
State of West Virginia according to law. All of these officers
shall be removable at the pleasure of the court. Vacancies in the
office of the clerk occurring during vacation may be filled by
appointment, in writing, made by the judges of the court or a
§51-1B-12. Duties of clerk.
The clerk of the Intermediate Court of Appeals shall attend in
person, or by deputy, all the sessions of the court, obey its
orders and directions in term time and in vacation, take care of
and preserve in an office, kept for the purpose, all records and
papers of the court and perform such other duties as may be
prescribed by law or required of him or her by the court.
§51-1B-13. Budget of the Intermediate Court of Appeals.
The budget for the payment of the salaries and benefits of the
clerical and secretarial staff of the Intermediate Court of Appeals
shall be included in the appropriation for the Supreme Court of
§51-1B-14. Supreme Court of Appeals review.
Any final decision rendered by the intermediate court may be appealed by any aggrieved party in interest to the Supreme Court of
Appeals by writ of certiorari pursuant to the rules promulgated by
the Supreme Court of Appeals.
NOTE: The purpose of this bill is to create and provide
structures and standards for a New Intermediate Court of Appeals.
This article is new; therefore, strike-throughs and
underscoring have been omitted.