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: May 7, 2024
Docket Number: 22-0380
Justia Opinion Summary: The case involves Tony Paletta, the petitioner, and Nelson Phillips, III, Nathan Phillips, Robert Nelson Phillips, II, and the West Virginia Department of Transportation, Division of Highways, the respondents. The…
Date: May 7, 2024
Docket Number: 22-0433
Date: May 7, 2024
Docket Number: 22-603
Date: May 7, 2024
Docket Number: 22-629
Date: May 7, 2024
Docket Number: 22-722
Date: May 7, 2024
Docket Number: 22-791
Date: May 7, 2024
Docket Number: 23-27
Date: May 3, 2024
Docket Number: 23-155
Justia Opinion Summary: The State of West Virginia sought a writ of prohibition to prevent the Circuit Court of Monongalia County from enforcing its order dismissing a six-count indictment against J.L. and D.F., who were charged with crimes…
Date: May 3, 2024
Docket Number: 23-155
Date: May 3, 2024
Docket Number: 24-223
Date: May 1, 2024
Docket Number: 22-0333
Date: April 30, 2024
Docket Number: 22-0031
Date: April 30, 2024
Docket Number: 22-618
Date: April 30, 2024
Docket Number: 22-636
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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