Supreme Court of Appeals of West Virginia

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Supreme Court of Appeals of West Virginia
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Court Information
Justices: 5
Founded: 1872
Location: Charleston
Salary
Associates: $149,600[1]
Judicial Selection
Method: *Nonpartisan election
Term: 12 years
Active justices

Beth Walker
C. Haley Bunn
John A. Hutchison (West Virginia)
Tim Armstead
William Wooton


Founded in 1872, the West Virginia Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Beth Walker. In 2018, the court decided 1,143 cases.

As of July 2022, three judges on the court were appointed by a Republican governor, while one was first elected in a partisan election as a Republican. One judge was also elected in a nonpartisan election.

The court meets in the Capitol Complex building in Charleston, West Virginia. The court is in session beginning on the second Tuesday in January and ending in June, and from the first Wednesday in September to November.[2]

In West Virginia, state supreme court justices are elected in nonpartisan elections. There are 13 states that use this selection method. To read more about the nonpartisan election of judges, click here.

Jurisdiction

The court has original jurisdiction on matters of habeas corpus, mandamus, prohibition, and certiorari. The court also interprets the law and the state constitution.[3]

The following text from Article VIII, Section 3 of the West Virginia Constitution covers the organization and jurisdiction of the court:

" Supreme Court of Appeals; Jurisdiction and Powers; Officers and Employees; Terms

The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiorari.

The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars unless such value or amount is increased by the Legislature; in civil cases in equity; in controversies concerning the title or boundaries of land; in proceedings in quo warranto, habeas corpus, mandamus, prohibition and certiorari; and in cases involving personal freedom or the constitutionality of a law. It shall have appellate jurisdiction in criminal cases, where there has been a conviction for a felony or misdemeanor in a circuit court, and such appellate jurisdiction as may be conferred upon it by law where there has been such a conviction in any other court. In criminal proceedings relating to the public revenue, the right of appeal shall belong to the state as well as to the defendant. It shall have such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.

The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the state relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law.

The court shall have general supervisory control over all intermediate appellate courts, circuit courts and magistrate courts. The chief justice shall be the administrative head of all the courts. He may assign a judge from one intermediate appellate court to another, from one circuit court to another, or from one magistrate court to another, for temporary service. The court shall appoint an administrative director to serve at its pleasure at a salary to be fixed by the court. The administrative director shall, under the direction of the chief justice, prepare and submit a budget for the court.

The officers and employees of the supreme court of appeals, including the clerk and the law librarian, shall be appointed and may be removed by the court. Their duties and compensation shall be prescribed by the court.

The number, times and places of the terms of the supreme court of appeals shall be prescribed by law. There shall be at least two terms of the court held annually.[4][5]

”
—West Virginia Constitution, Article VIII, Section 3

Justices

Justices of the West Virginia Supreme Court of Appeals

The Supreme Court of Appeals of West Virginia has five justices who are elected by the voters in nonpartisan elections to 12-year terms. A replacement may be appointed by the governor in the case of a mid-term court vacancy. Judges appointed to the court must run in elections in order to retain their seats. In the case of temporary inability of a justice to preside on the bench, the chief justice may assign a circuit court judge to serve in their stead.

A retired justice or judge may apply for senior status to serve on temporary assignment as a justice of the supreme court of appeals, pending approval by the supreme court of appeals.[6]

The table below lists the current justices of the Supreme Court of Appeals of West Virginia, their political party, and when they assumed office.


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


Chief justice

The chief justice is chosen by the justices for a one-year term. In April 2017, the court voted to change to four-year terms for chief justice. In 2020, the court returned to one-year terms.[3][7][8]

Judicial selection

See also: Judicial selection in West Virginia

The five justices of the West Virginia Supreme Court of Appeals are chosen in nonpartisan statewide elections to serve 12-year terms. They must run for re-election when their terms expire.[9]

Qualifications

To serve on the West Virginia Supreme Court of Appeals, a judge must be:

  • a citizen of West Virginia for at least five years;
  • at least 30 years old; and
  • practiced in law for at least 10 years.[9]

Chief justice

The chief justice of the supreme court of appeals is selected by peer vote for a one-year term.[9]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission.[10] The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[9]

The map below highlights how vacancies are filled in state supreme courts across the country.


Elections

See also: West Virginia Supreme Court of Appeals elections

2024

See also: West Virginia Supreme Court of Appeals elections, 2024

The terms of two West Virginia Supreme Court of Appeals justices will expire on December 31, 2024. The two seats were up for nonpartisan election on May 14, 2024. The filing deadline was January 27, 2024.

Candidates and results

Division 1

General election
General election for Supreme Court of Appeals of West Virginia

Incumbent Haley Bunn won election in the general election for Supreme Court of Appeals of West Virginia on May 14, 2024.

Candidate
%
Votes
✔
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Haley-Bunn.jpg
Haley Bunn (Nonpartisan)
 
100.0
 
246,083

Incumbents are bolded and underlined. The results have been certified. Source

Total votes: 246,083
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Division 2

General election
General election for Supreme Court of Appeals of West Virginia

Charles S. Trump IV won election in the general election for Supreme Court of Appeals of West Virginia on May 14, 2024.

Candidate
%
Votes
✔
Image of https://s3.amazonaws.com/ballotpedia-api4/files/thumbs/100/100/Charles_Trump.jpg
Charles S. Trump IV (Nonpartisan)
 
100.0
 
230,850

There were no incumbents in this race. The results have been certified. Source

Total votes: 230,850
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

Do you want a spreadsheet of this type of data? Contact our sales team.

Judges not on the ballot


2020

Main article: West Virginia Supreme Court of Appeals elections, 2020

The terms of three West Virginia Supreme Court of Appeals justices expired in 2020: Tim Armstead, John A. Hutchison, and Margaret Workman. The three seats were up for nonpartisan election on May 12, 2020. Incumbent Margaret Workman did not file to run for re-election.[11]

Division 1 (Armstead's seat)

General election candidates

Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey

Division 2 (Workman's seat)

General election candidates

Candidate Connection = candidate completed Ballotpedia's Candidate Connection survey

Division 3 (Hutchison's seat)

General election candidates

2018

Main article: West Virginia Supreme Court of Appeals special elections, 2018

Tim Armstead and Evan Jenkins won the two seats up for special election on the West Virginia Supreme Court on November 6, 2018. Twenty candidates filed for the two seats. Elections for the court are nonpartisan.

The elections were triggered after Justices Menis Ketchum and Robin Davis resigned from office effective July 27 and August 13, respectively. Both justices' resignations came amidst an investigation of the entire state Supreme Court stemming from the alleged misuse of state funds, specifically relating to $360,000 spent to renovate offices at the courthouse, as well as the improper use of state vehicles.[12] For more detailed information on the impeachment proceedings, click here.[13]

Candidates

Division 1 (Ketchum's seat)

General election candidates

Division 2 (Davis' seat)

General election candidates

2016

Main article: Supreme Court of Appeals of West Virginia elections, 2016

One seat on the Supreme Court of Appeals of West Virginia was on the nonpartisan general election ballot on May 10, 2016. The seat was held by Justice Brent Benjamin heading into the election. Beth Walker defeated the incumbent Benjamin and three other candidates.

Candidates

Though West Virginia's state judicial elections are nonpartisan beginning in 2016, Ballotpedia shows candidates' known affiliations from prior elections or offices held to indicate how the ideological balance of the court could shift as a result of the election.

■ Brent Benjamin Button-Red.svg (Incumbent)
■ Wayne King Button-Blue.svg
■ Darrell V. McGraw, Jr. Button-Blue.svg
■ Beth Walker Button-Red.svg Green check mark transparent.png
■ William Wooton Button-Blue.svg[14]

Election results

West Virginia Supreme Court of Appeals, Justice Benjamin's Seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Beth Walker 39.62% 162,245
Darrell V. McGraw, Jr. 23.08% 94,538
William Wooton 20.67% 84,641
Brent Benjamin Incumbent 12.47% 51,064
Wayne King 4.16% 17,054
Total Votes (100% Reporting) 409,542
Source: West Virginia Secretary of State Official Results

Caseloads

The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[15]

West Virginia Supreme Court caseload data
Year Filings Dispositions
2021 1,890 2,000
2020[16] - -
2019[17] - -
2018 1,139 1,143
2017 1,151 1,215
2016 1,221 1,278
2015 1,244 1,347
2014 1,140 1,346
2013 1,319 1,360
2012 1,524 908
2011 1,744 678[18]
2010 1,668 2,782
2009 1,917 3,589
2008 2,411 4,102
2007 3,954 2,532

Schedule of the court

The court meets for two terms each year. The first term goes from January to July, and the second extends from the first Wednesday in September to December. Between these two terms is the period called "sine die," which means "without day" in Latin.[19]

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

  • We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
  • We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
  • We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
  • We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

  • Number of justices: 5
  • Number of cases: 899
  • Percentage of cases with a unanimous ruling: 91.5%% (823)
  • Justice most often writing the majority opinion: Justice Tim Armstead (25)
  • Per curiam decisions: 794
  • Concurring opinions: 6
  • Justice with most concurring opinions: Justice Tim Armstead (5)
  • Dissenting opinions: 23
  • Justice with most dissenting opinions: Justice Margaret Workman (7)

For the study's full set of findings in West Virginia, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Ballotpedia Courts State Partisanship navigation ad.png Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[20]
  • Mild Republican
  • Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[21]

West Virginia had a Court Balance Score of 2.80, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of West Virginia was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, West Virginia received a score of -0.35. Based on the justices selected, West Virginia was the 13th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[22]

Noteworthy cases

The following are noteworthy cases heard before the West Virginia Supreme Court. For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Ethics

2018: Investigation and impeachment proceedings

For our main article on the investigation and impeachment proceedings, see Investigation and impeachment proceedings of West Virginia Supreme Court justices (2018)

On June 25, 2018, Gov. Jim Justice (R) issued a proclamation for the West Virginia State Legislature to convene a special session to discuss:[23][24]

" Matters relating to the removal of one or more Justices of the Supreme Court of Appeals of West Virginia, including, but not limited to, censure, impeachment, trial, conviction, and disqualification.[5] ”


HIGHLIGHTS
  • The issue: Investigation and impeachment proceedings, launched in June 2018, stemmed from the justices' alleged misuse of over $1 million in state funds, specifically relating to courthouse office renovations; misuse of state vehicles; and illegal payments to senior judges.
  • The outcome: On October 2, 2018, the Senate censured Justice Beth Walker but did not remove her from office. On October 11, temporary supreme court justices blocked the Senate from conducting an impeachment trial for Justice Margaret Workman. The ruling was later applied to Justices Robin Davis and Allen Loughry. Between July and November 2018, Justices Menis Ketchum, Davis, and Loughry resigned from the supreme court.
  • The court: The West Virginia Supreme Court of Appeals consists of five justices. Click here for more information.

    • 2013: Financial disclosure

    See also: Center for Public Integrity Study on State Supreme Court Disclosure Requirements

    In December 2013, the Center for Public Integrity (CPI) released a study on disclosure requirements for state supreme court judges. According to their website, CPI's purpose is "[t]o serve democracy by revealing abuses of power, corruption and betrayal of public trust by powerful public and private institutions, using the tools of investigative journalism."[25] Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the previous three years. The study gave 42 states and Washington, D.C., failing grades. West Virginia earned a grade of F in the study. No state received a grade higher than "C." The study also reported 35 instances of questionable gifts, investments overlapping with caseloads, and similar potential ethical quandaries, along with 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation.[26]

    History of the court

    U.S. Supreme Court asked to intervene

    The New York Times reported in October 2008 that the Supreme Court of the United States would hear three cases dealing with businesses, their right to appeal, and their influence over the Supreme Court of Appeals of West Virginia. One of the cases involved current Justice Benjamin's refusal to recuse himself from a pending case before the West Virginia bench in which one of Benjamin's past campaign contributors, who contributed more than $3 million, was involved. The primary issue in the case was that of due process. Benjamin had "twice joined a 3-to-2 majority throwing out a $50 million verdict against the company," the paper reported. The case (Caperton v. A. T. Massey Coal Company No. 08-22) had accrued supporting briefs from the American Bar Association and the Brennan Center for Justice. The contributor had filed briefs asking that the Supreme Court of the United States not hear the case, calling it “a grand conspiracy theory" and further commented that the United States Supreme Court “has never adopted a ‘looks bad’ due process test.”

    The second appeal, Massey Energy v. Wheeling Pittsburgh Steel Corporation (No. 08-218), also revolved around Massey Energy's influence over the court. Briefs in the Massey case claimed that statements made by sitting Justice Larry Starcher against the energy company required Starcher's recusal from the case. The second appeal to the Supreme Court of the United States asked that the court force Justice Starcher to recuse himself. A brief submitted in the Massey case stated that no inconsistency would exist should the Court grant the appeal in Massey while disallowing the one involving Benjamin since "Justice Starcher’s bias was manifest while Justice Benjamin’s conflict of interest, if there was one, was a question of appearances only."[27]

    In a classic "I'll do it if you do" move, Starcher stated he would recuse himself only if Benjamin recused himself from Caperton. At issue in the third appeal was whether or not companies hit with massive punitive damages lawsuits had a right to appeal to the state supreme court. Currently, West Virginia "[does] not guarantee at least one level of appellate review in civil cases." It is one of two states, Virginia being the other, that does not guarantee appellate reviews.[27]


    Courts in West Virginia

    See also: Courts in West Virginia

    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.

    The structure of West Virginia's state court system.

    Party control of West Virginia state government

    A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

    West Virginia has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

    .

    See also

    West Virginia Judicial Selection More Courts
    Seal of West Virginia.png
    Judicialselectionlogo.png
    BP logo.png
    Courts in West Virginia
    West Virginia Intermediate Court of Appeals
    West Virginia Supreme Court
    Elections: 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017
    Gubernatorial appointments
    Judicial selection in West Virginia
    Federal courts
    State courts
    Local courts

    External links


    Footnotes

    1. ↑ The salary of the chief justice may be higher than an associate justice.
    2. ↑ West Virginia Judiciary, "Supreme Court of Appeals," accessed August 13, 2021
    3. ↑ 3.0 3.1 The West Virginia Judiciary, "Supreme Court of Appeals of West Virginia," accessed May 4, 2016
    4. ↑ West Virginia Legislature, "West Virginia Constitution," accessed March 30, 2014
    5. ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    6. ↑ West Virginia Legislature, "Article VIII West Virginia Constitution," accessed May 4, 2015
    7. ↑ West Virginia Record, "State Supreme Court selects Loughry to four-year term as Chief Justice," April 6, 2017
    8. ↑ News and Sentinel, "Walker to serve second stint as West Virginia Supreme Court chief justice," December 30, 2022
    9. ↑ 9.0 9.1 9.2 9.3 National Center for State Courts, "Selection of Judges," accessed August 13, 2021
    10. ↑ American Judicature Society, "Methods of Judicial Selection: West Virginia; Judicial Nominating Commissions," archived January 13, 2012
    11. ↑ West Virginia Secretary of State, "Elections: Candidate Listing By Office," accessed January 28, 2020
    12. ↑ The Intelligencer, "Court of Appeals To Be Evaluated for Impeachment," June 23, 2018
    13. ↑ WOWKTV.com, "Special Election announced to fill WV Supreme Court Seat," August 14, 2018
    14. ↑ West Virginia Secretary of State, "Elections," accessed February 3, 2016
    15. ↑ West Virginia Judiciary, "Supreme Court Publications," accessed September 24, 2019
    16. ↑ Statistical data was not available.
    17. ↑ Statistical data was not available.
    18. ↑ This number reflects decisions on the merits issued by the West Virginia Supreme Court during 2011. It does not reflect the total number of dispositions of the court. The statistical report made available by the Clerk's Office did not contain that information.
    19. ↑ The West Virginia Judiciary, "Supreme Court of Appeals of West Virginia," accessed May 4, 2016
    20. ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
    21. ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
    22. ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
    23. ↑ Office of the West Virginia Governor, "Gov. Justice issues proclamation calling for special session of Legislature on Tuesday, June 26, 2018," June 25, 2018
    24. ↑ The State Journal, "Gov Justice calls for special session Loughry, other justices," June 25, 2018
    25. ↑ Center for Public Integrity, "About The Center for Public Integrity," accessed March 2, 2018
    26. ↑ Center for Public Integrity, "State supreme court judges reveal scant financial information," December 5, 2013
    27. ↑ 27.0 27.1 The New York Times, "U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System," October 11, 2008

    West Virginia courts

    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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