October 11, 2021

House committee approves changes to Intermediate Court law - West Virginia MetroNews

CHARLESTON, W.Va. — West Virginia lawmakers on Monday approved changes to the state law on the Intermediate Court of Appeals ahead of court beginning work next July.

The measure addresses portions of the original bill, including how the state Supreme Court can review family court decisions and the court’s ability to use virtual and physical spaces to hold proceedings.

Chief Justice Evan Jenkins (File)

Gov. Jim Justice and state lawmakers approved the creation of the Intermediate Court of Appeals during this year’s regular legislative session. The court will consist of three judges and will review civil cases, workers’ compensation issues and family court verdicts.

The latest bill states the Intermediate Court of Appeals can only review a family court decision on domestic violence after a circuit court hears an appeal on a final order.

“We’ve gone in and tried to look at our database and the various systems that collect information from the circuits that we can access,” Supreme Court Chief Justice Evan Jenkins told the House of Delegates Judiciary Committee. “To our best estimates, there are about 150 give or take appeals from family court to circuit court today statewide on an annual basis.”

Jenkins said the revision changes the current law by allowing appeals to the Intermediate Court of Appeals. He noted it would be more efficient to have circuit courts handle appeals first rather than justices in Charleston handling the matters.

“There was a real assessment,” he added.

Another change involved using physical and virtual proceedings; Jenkins said the bill provides the court with the flexibility to operate, which the Supreme Court had during the coronavirus pandemic. He added “only a handful” of oral arguments have been virtual.

“We balance the safety and logistics as well as the effectiveness,” he said.

Proceedings can also take place in federal, state, county or municipal buildings located in West Virginia.

Legislators have been considering legislation and new legislative districts since Sunday. The final day of the legislative interim meetings is Tuesday.



source: https://wvmetronews.com/2021/10/11/legislators-approve-changes-to-intermediate-court-law/

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