WEST VIRGINIA JUDICIARY
COURT CLOSURES

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The chief judge of a circuit has the authority to order a “weather or other emergency day” (as defined in W. Va. Code § 2-2-2(b)(1) for the courts in that circuit, including circuit, family, and magistrate courts, as well as magistrate clerks’ offices and probation offices. Although employees of circuit clerks’ offices are county employees, the chief circuit judge can extend filing deadlines through an order in all emergency cases, which include weather, utility, or a public health crisis. However, the county commission cannot close a circuit clerk’s office on a judicial day without the consent of the chief circuit judge. Any time off for court staff is not considered annual or sick leave and magistrates are on an after-hours, holiday, or weekend schedule during the closure. Courts should use technology whenever possible.