Supreme Court of Appeals of West Virginia Decisions
The highest court in West Virginia is known as the Supreme Court of Appeals. The Court reviews decisions by the West Virginia Intermediate Court of Appeals, and it reviews decisions by state trial courts in certain types of cases, such as criminal proceedings. It holds original jurisdiction over writs of mandamus, prohibition, habeas corpus, and certiorari.
Five justices sit on the Supreme Court, each of them serving a 12-year term. A candidate for this position must have practiced law for at least 10 years. West Virginia uses a system of non-partisan elections to choose justices. This means that voters elect a justice without being informed of their political affiliation on the ballot. If a vacancy arises, the Governor of West Virginia has the authority to appoint an interim justice. If they seek to retain their seat, that justice must run in the next general election after their appointment. The justices of the Supreme Court elect the Chief Justice to serve a four-year term. After a justice retires, they may seek senior status, which allows them to receive a temporary assignment as a justice. In the event that a justice cannot perform their duties, the Chief Justice may assign a circuit court judge as a substitute.
Controversy clouded the Supreme Court in 2018, when Governor Jim Justice started impeachment proceedings based on the alleged misuse of state funds by the justices. The charges against them related to renovations of the courthouse office, their use of state vehicles, and payments made to senior judges. However, none of the justices ultimately was impeached. One justice was censured, and three other justices resigned. An additional justice faced the threat of an impeachment trial, but this never occurred.
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Recent Decisions From the Supreme Court of Appeals of West Virginia
Date: June 16, 2023
Docket Number: 22-0230
Date: June 15, 2023
Docket Number: 21-0077
Date: June 15, 2023
Docket Number: 21-0371
Justia Opinion Summary: The Supreme Court reversed the order of the circuit court affirming the order entered by the Office of Administrative Hearings (OAH) upholding the administrative revocation of Petitioner's driver's license for driving…
Date: June 15, 2023
Docket Number: 21-0371
Date: June 15, 2023
Docket Number: 21-0830
Date: June 15, 2023
Docket Number: 21-0830
Justia Opinion Summary: The Supreme Court affirmed the orders of the circuit court entering judgment on a jury verdict in favor of Cornerstone Hospital of Huntington, LLC in this lawsuit brought by Petitioner seeking damages for injuries he…
Date: June 15, 2023
Docket Number: 21-0913
Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court determining that Bank breached its contract with Respondent by refusing to tender payment upon Respondent's presentation of an an original unendorsed money market…
Date: June 15, 2023
Docket Number: 21-0913
Date: June 15, 2023
Docket Numbers: 21-0991, 21-0990
Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court finding that Defendant had not been lawfully arrested without a warrant and thus reversing the decisions of the West Virginia Division of Motor Vehicles (DMV)…
Date: June 15, 2023
Docket Numbers: 21-0991, 21-0990
Date: June 15, 2023
Docket Number: 22-0002
Justia Opinion Summary: The Supreme Court reversed in part and vacated in part the decision of the circuit court determining that the Uniform Common Interest Ownership Act (Uniform Act) applied to the Glade Springs Village (GSV) community and…
Date: June 15, 2023
Docket Number: 22-0002
Date: June 15, 2023
Docket Number: 22-0082
Date: June 15, 2023
Docket Numbers: 22-0139, 21-0140
Justia Opinion Summary: The Supreme Court reversed the judgment of the circuit court granting summary judgment for Respondent in this action claiming that Respondent owned fifty percent interest in the oil and gas estate Petitioners purchased…