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.