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Introduced Version House Bill 3269 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3269


(By Delegate Lane)

[Introduced January 13, 2010; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and §51- 1B-14, all relating to creating an Intermediate Court of Appeals for each of the state's three congressional districts; qualifications and number of judges; electing judges to eight year terms; jurisdiction to hear cases; setting forth two court terms per year; permitting special terms; appointment of clerk and other employees; and salaries.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-1B-6, §51-1B-7, §51-1B-8, §51-1B- 9, §51-1B-10, §51-1B-11, §51-1B-12, §51-1B-13 and §51-1B-14, all to
read as follows:
ARTICLE 1B. INTERMEDIATE COURTS OF APPEALS.

§51-1B-1. Judges; qualifications; how elected.

An Intermediate Court of Appeals shall be established in each congressional district of the state. The court shall consist of three judges, elected and qualified pursuant to the provisions of the West Virginia Constitution and this code, any two of whom shall constitute a quorum for any court. Judges of the Intermediate Court of Appeals shall be elected for a term of eight years beginning with the general election in the year 2010. Election of these judges shall be conducted on a nonpartisan basis. No person may be elected as a judge of the Intermediate Court of Appeals who has not been licensed to practice as an attorney in the State of West Virginia for a period of at least seven years prior to his or her assuming such office.

§51-1B-2. Presiding judge.

Each of the Intermediate Court of Appeals shall designate one of its justices to be presiding judge of the court for such term as the court may determine. In the absence of the presiding judge, any other judge so designated may act as presiding judge.

§51-1B-3. Jurisdiction.

The Intermediate Court of Appeals shall have no original jurisdiction. The court shall have appellate jurisdiction in: Civil cases where the matter in controversy, exclusive of costs, is of
greater value or amount than $100; in controversies concerning the title or boundaries of land, the probate of wills, the appointment or qualification of a personal representative, guardian, committee or curator, or concerning a mill, road, way, ferry or landing, or the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition and in cases involving freedom of speech or the constitutionality of a law. The court shall also have appellate jurisdiction in criminal cases where there has been a conviction for felony or misdemeanor in a circuit court, and where a conviction has been had in any inferior court and been affirmed in a circuit court, and in cases relating to the public revenue, the right of appeal shall belong to the state, as well as the defendant, and such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law. It shall have appellate jurisdiction in all cases involving appeals of worker's compensation cases. Appeal to the Intermediate Court of Appeals shall be an appeal of right upon an assignment of error in the judgment or proceedings of a circuit court and it does not have the discretion to reject any appeal.
§51-1B-4. Pleadings, practice and procedure. The Supreme Court of Appeals may, from time to time, make and promulgate general rules governing pleading, practice and procedure in the Intermediate Court of Appeals.

§51-1B-5. Regular terms.

Two terms of the Intermediate Court of Appeals shall be held every year, at such place as each of the three Intermediate Court of Appeals shall sit: The first commencing on the second Tuesday in January and the second on the first Wednesday in September, and each term shall continue until the business is completed. The court may, when extraordinary circumstances require, determine that any term or terms may be held at other locations within the state as the court may designate, at such times and places to be fixed as provided in this article for holding special terms of said court.

§51-1B-6. Special terms.

Special terms of the Intermediate Court of Appeals may be held for the trial and decision of causes at the place for holding the regular terms thereof, and under extraordinary circumstances at such other times and places as the court may designate by an order entered of record at a regular or special term of the court.

§51-1B-7. Warrant of judges appointing special term.

The judges of said court, or a majority of them, may, by warrant signed by them, directed to the clerk, appoint a special term to be held for proceedings at their regular place of sitting, or, under extraordinary circumstances, at any other point within the state designated by them, or which may hereafter be designated for holding regular terms thereof. The clerk shall enter such warrant in the order book of the court.

§51-1B-8. Hearing of cases at special term.

During any special term, the Intermediate Court of Appeals has the discretion to hear and decide any legal proceeding where the party desiring the hearing giving at least thirty days' notice, in writing, to the opposing party and the court, of its intention to request a hearing during the special term.

§51-1B-9. Cases may be decided at regular or special term.

The court may, at any regular or special term, decide any cause or proceeding which may have been previously heard by the court at any regular or special term.

§51-1B-10. Adjournment.

The court may, at any regular or special term, adjourn from day to day or from time to time, as the court may order, until its close.

§51-1B-11. Salary of judges.

The salary of each of the judges of the Intermediate Court of Appeals shall be shall be $119,000 per year.

§51-1B-12. Clerk; deputy, associate and assistant clerks; proofreader; other clerical assistants; compensation.

Each Intermediate Court of Appeals may appoint a clerk. The annual compensation of the clerk shall be fixed by the court, and shall be not less than $7,000, payable in equal monthly installments out of the State Treasury, and shall be in lieu of all other fees, costs, allowances, compensation, perquisites and income of whatever kind by virtue of his office. The court may appoint one deputy clerk, one associate clerk, one assistant clerk, one proofreader and such other full-time and part-time clerical assistants as are deemed necessary to perform properly the functions and duties of the office of the clerk. And the said court or judges thereof in vacation, shall fix their compensation which shall be payable out of the biennium appropriations made by the Legislature of West Virginia, personal service account, for the spending unit of the Supreme Court of Appeals, by requisitions drawn against the Auditor of the State of West Virginia according to law. All of such officers shall be removable at the pleasure of the court or judges. Vacancies in the office of the clerk occurring during vacation may be filled by appointment, in writing, made by the judges of the court or a majority thereof.

§51-1B-13. Duties of clerk.

It shall be the duty of the clerk of the Intermediate Court of Appeals to attend in person, or by deputy, all the sessions of the court, to obey its orders and directions in term time and in vacation, to take care of and preserve in an office, kept for the purpose, all records and papers of the court, and to perform such other duties as may be prescribed by law or required of him or her by the court.

§51-1B-14. Budget.

The budget for the payment of the salaries and benefits of the judges of the Intermediate Court of Appeals and all clerical and secretarial staff shall be included in the appropriation for the Supreme Court of Appeals.



NOTE: The purpose of this bill is to create an Intermediate Court of Appeals for each of the state's three congressional districts. The bill sets forth the qualifications and number of judges. The bill permits judges to serve eight year terms. The bill also establishes the court's jurisdiction to hear cases and sets forth two court terms per year to hear those cases while permitting special terms. Additionally, the bill permits the court to appointment a clerk and hire other employees. The bill also establishes salaries for the judges and the clerks.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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