Courts in West Virginia
| More information on West Virginia's state courts: |
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| Selection methods Elections Salaries Federal courts |
In West Virginia, there are two federal district courts, a state supreme court of appeals, an intermediate court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through West Virginia's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Judicial selection process
- See also: West Virginia judicial elections
The judges of the West Virginia Supreme Court of Appeals, West Virginia Intermediate Court of Appeals, and West Virginia Circuit Court are selected in an identical manner to serve 12-year, ten-year, and eight-year terms, respectively. They are chosen by the people in nonpartisan elections and must run for re-election when their terms expire. Judges of the West Virginia Family Courts are each elected to six- and eight-year terms. Their initial term is six years and every subsequent term is eight years.[1] The elections for this court are nonpartisan contested elections. Judges of the West Virginia Magistrate Courts are each elected to four-year terms.[2] The elections for this court are nonpartisan contested elections. Judges of the West Virginia Municipal Courts are selected to varying terms in a variety of manners depending on the municipality they serve in.
To read more about judicial elections in West Virginia, click here.
Federal courts
The federal district courts in West Virginia are the:
Appeals go to the U.S. Court of Appeals for the 4th Circuit.
Active judges
Northern district
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| March 19, 2007 - |
Dartmouth College, 1973 |
West Virginia University College of Law, 1976 |
||
| March 20, 2012 - |
Shepherd University, 1986 |
West Virginia University College of Law, 1989 |
||
| November 5, 2018 - |
West Virginia University, 1996 |
West Virginia University College of Law, 1999 |
The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 1
- Republican appointed: 2
Southern district
| Judge | Appointed By | Assumed Office | Bachelors | Law |
|---|---|---|---|---|
| May 10, 1995 - |
West Virginia University, 1965 |
West Virginia University College of Law, 1970 |
||
| September 18, 1997 - |
Marshall University, 1974 |
West Virginia University College of Law, 1977 |
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| April 17, 2006 - |
West Virginia University, 1989 |
West Virginia University College of Law, 1992 |
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| November 9, 2009 - |
West Virginia University, 1976 |
West Virginia University College of Law, 1979 |
||
| October 17, 2019 - |
West Virginia University, 1989 |
West Virginia University College of Law, 1992 |
The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.
- Democrat appointed: 3
- Republican appointed: 2
Judicial selection
Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.
Bankruptcy courts
There are two federal bankruptcy courts in West Virginia. These courts have subject-matter jurisdiction over bankruptcy cases. The federal bankruptcy courts in West Virginia are:
- Northern District of West Virginia, bankruptcy court
- Southern District of West Virginia, bankruptcy court[3]
State supreme court
The Supreme Court of Appeals is the court of last resort. It has discretion in choosing which lower court cases to review.[4]
The following judges sit on the court:
| Office | Name | Party | Date assumed office |
|---|---|---|---|
| Supreme Court of Appeals of West Virginia | Tim Armstead | Nonpartisan | September 25, 2018 |
| Supreme Court of Appeals of West Virginia | Haley Bunn | Nonpartisan | April 27, 2022 |
| Supreme Court of Appeals of West Virginia | John A. Hutchison | Nonpartisan | January 4, 2019 |
| Supreme Court of Appeals of West Virginia | Beth Walker | Nonpartisan | January 1, 2017 |
| Supreme Court of Appeals of West Virginia | William Wooton | Nonpartisan | January 1, 2021 |
Intermediate court of appeals
The West Virginia Intermediate Court of Appeals is the state's intermediate appellate court. It was created by Senate Bill 275, which was signed by Gov. Jim Justice (D) on April 9, 2021.[5] The court began hearing cases on July 1, 2022.[6][7]
The Intermediate Court of Appeals will have jurisdiction over final judgments in:
- circuit court civil cases;
- family court cases;
- circuit court guardianship or conservatorship matters;
- agency or administrative law judge matters;
- Health Care Authority matters;
- Office of Judges matters; and
- Workers’ Compensation Board of Review matters.[8]
The following judges sit on the court:
| Judge | Tenure | Appointed By |
|---|---|---|
|
May 2, 2022 - Present |
Jim Justice |
|
|
May 6, 2022 - Present |
Jim Justice |
|
|
May 6, 2022 - Present |
Jim Justice |
Trial courts
Circuit Courts
- See also: West Virginia Circuit Courts
The circuit courts are the main trial courts in West Virginia. They have jurisdiction over most civil and criminal cases, and they hear appeals from the lower courts. There are 31 judicial circuits and 75 circuit judges.[9]
Family Courts
- See also: West Virginia Family Courts
There are 27 family court circuits and 47 family court judges in West Virginia. These courts handle divorce, child custody, and guardianship cases, among others.[10]
Magistrate Courts
- See also: West Virginia Magistrate Courts
The magistrate courts are trial courts of limited jurisdiction. There are 158 magistrates in West Virginia. They issue warrants and protective orders, hear misdemeanor cases and minor civil cases, and conduct some preliminary reviews.[4]
Municipal Courts
- See also: West Virginia Municipal Courts
The municipal courts are locally administered and hear cases regarding municipal ordinance violations.[4]
In other states
See also
External links
Footnotes
- ↑ West Virginia Judiciary, "Family Courts," accessed September 25, 2014
- ↑ West Virginia Judiciary, "Magistrate Courts," accessed September 25, 2014
- ↑ United States Courts, "Court Website Links," accessed March 24, 2021
- ↑ 4.0 4.1 4.2 West Virginia Courts, "West Virginia Judicial System," accessed March 25, 2021
- ↑ The Weirton Daily Times, "Justice signs intermediate appeals court bill after decades of effort," April 10, 2021
- ↑ Las Vegas Review-Journal, "Nevada appeals court draws 36 applicants," November 12, 2014
- ↑ The National Law Review, "Long-Awaited Intermediate Court of Appeals Approved by West Virginia Governor," April 12, 2021
- ↑ West Virginia State Legislature, "Senate Bill 275," April 1, 2021
- ↑ West Virginia Judiciary, "Circuit courts," accessed July 2, 2019
- ↑ West Virginia Judiciary, "The 2019 Annual Statistics Report," accessed March 24, 2021
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Northern District of West Virginia, Southern District of West Virginia • U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia
State courts:
Supreme Court of Appeals of West Virginia • West Virginia Intermediate Court of Appeals • West Virginia Circuit Courts • West Virginia Family Courts • West Virginia Magistrate Courts
State resources:
Courts in West Virginia • West Virginia judicial elections • Judicial selection in West Virginia
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