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: March 18, 2024
Docket Number: 22-862
Date: March 15, 2024
Docket Number: 22-0491
Justia Opinion Summary: The Supreme Court of Appeals of West Virginia recently ruled on a case involving the nonprofit organization Tax Analysts and Matthew Irby, the West Virginia State Tax Commissioner. Tax Analysts requested copies of field…
Date: March 15, 2024
Docket Number: 22-625
Date: March 15, 2024
Docket Number: 22-625
Justia Opinion Summary: In West Virginia, a woman sued the City of Logan after she tripped over a loop of cable wire on a sidewalk, which she alleged the city negligently maintained. The cable wire and post were owned by the First Baptist…
Date: March 15, 2024
Docket Number: 23-691
Justia Opinion Summary: In the case before the Supreme Court of Appeals of West Virginia, the Board of Education of the County of Cabell challenged two state laws that required the Board to include funding for the Cabell County Public Library…
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
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