West Virginia Judiciary

Intermediate Court of Appeals

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. The Governor will appoint the first three judges with the help of the Judicial Vacancy Advisory Commission. These first three appointees must be confirmed by the West Virginia Senate. Other stipulations include:

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:

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.”

 

How the Intermediate Court will Operate

The Intermediate Court of Appeals has the discretion to determine which cases require oral argument. "A written decision on the merits shall be issued as a matter of right in each appeal that is properly filed and within the jurisdiction of the Intermediate Court of Appeals," according to Senate Bill 275. A written opinion, order, or decision of the Intermediate Court of Appeals "is binding precedent for the decisions of all circuit courts, family courts, magistrate courts, and agencies unless the opinion, order, or decision is overruled or modified by the Supreme Court of Appeals," as stated in Senate Bill 275.

One Judge of the Intermediate Court of Appeals shall be chosen Chief Judge in a manner determined by the Supreme Court. The Clerk of the Supreme Court shall also act as the Clerk of this court and may employ additional staff to do so. The Administrative Director of the Supreme Court of Appeals shall provide administrative support and may employ additional staff to do so.

Links of Interest will be updated as more information is available