Intermediate Court of Appeals
The Intermediate Court of Appeals was signed into law on April 9, 2021, after passing the 2021 regular legislative session.
The law establishes a three-judge panel that will serve ten-year, staggered terms. On December 28, 2021, Governor Jim Justice appointed the first three judges from a group of eight who applied and interviewed by the Judicial Vacancy Advisory Commission.
The appointed judges are:
- Huntington attorney Thomas E. Scarr to a term ending Dec. 31, 2024;
- Charleston attorney Daniel W. Greear to a term ending Dec. 31, 2026; and
- Charles Lorensen, to a term ending Dec. 31, 2028.
These appointees were confirmed by the West Virginia Senate. Other stipulations include:
- Must be a member of the West Virginia Bar for ten years and a resident of West Virginia for five years before election or appointment.
- Must devote full time to the Intermediate Court of Appeals and must resign if they become a candidate or pre-candidate for any other office.
- Run in nonpartisan elections; the first judge running in 2024, the second in 2026, and the third in 2028.
- Vacancies will be filled by appointment from the Governor, with the help of the Judicial Vacancy Advisory Commission.
- Annual Salary of $142,500.
What types of cases will be heard
Pursuant to the language in Senate Bill 275, the Intermediate Court of Appeals will hear the following cases:
- Appeals from circuit courts in civil cases and those concerning guardianship or conservatorship;
- Appeals from family courts, except for appeals from domestic violence proceedings, which will still go through circuit court;
- Appeals from state agencies or administrative law judges; and
- Appeals from decisions or orders issued by the Workers’ Compensation Office of Judges after June 30, 2022, until its termination, and from orders or decisions of the Workers’ Compensation Board of Review after June 30, 2022.
The bill also states that, "The Supreme Court may, on its own accord, obtain jurisdiction over any civil case appealed to the Intermediate Court of Appeals." Also, a party may file for a direct review by the Supreme Court and the Supreme Court may grant the motion if the appeal involves “a question of fundamental public importance” and “involves exigencies.”
