§51-11-1. Short Title
This article is known and may be cited as the West Virginia Appellate Reorganization Act of 2021.
§51-11-10. Discretionary Review by Supreme Court of Appeals by Petition
(a) A party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accordance with rules promulgated by the Supreme Court of Appeals. (b) Upon the proper filing of a notice of appeal in the Supreme Court of Appeals, the order […]
§51-11-11. Judicial Compensation and Benefits; Expenses
(a) The annual salary of a Judge of the Intermediate Court of Appeals is $142,500. The budget for the payment of compensation and expenses of Intermediate Court of Appeals judges shall be included in the appropriation for the Supreme Court of Appeals. (b) Judges of the Intermediate Court of Appeals and staff shall be reimbursed […]
§51-11-12. Attorney General as Counsel for State
The Attorney General shall appear as counsel for the state in all cases pending in the Intermediate Court of Appeals, subject to the same requirements and restrictions provided in 5-3-2 of this code that apply to the Attorney Generals representation of the state in cases pending in the Supreme Court of Appeals.
§51-11-13. Severability
The provisions of this article are severable. If any portion of this article is declared unconstitutional or the application of any part of this article is held invalid, the remaining portions of this article and their applicability shall remain valid and enforceable.
§51-11-2. Definitions
For the purpose of this article: “Circuit court” means a circuit court of this state, as provided in 51-2-1 of this code. “Clerk” means the Clerk of the Supreme Court of Appeals of West Virginia. “Intermediate Court of Appeals” means the Intermediate Court of Appeals of West Virginia created by this article. “Judge” means a […]
§51-11-3. West Virginia Intermediate Court of Appeals; Constitutional Authority; Court Created; Judges; Qualifications of Judges; Location; Clerk
(a) The Legislature finds that: (1) Section one, article VIII of the Constitution of West Virginia explicitly recognizes the power of the Legislature to establish an intermediate court of appeals.
§51-11-4. Jurisdiction; Limitations
(a) The Intermediate Court of Appeals has no original jurisdiction. (b) Unless specifically provided otherwise in this article, appeals of the following matters shall be made to the Intermediate Court of Appeals, which has appellate jurisdiction over such matters: (1) Final judgments or orders of a circuit court in civil cases, entered after June 30, […]
§51-11-5. Motion for Direct Review by Supreme Court of Appeals
(a) Within 20 days after a petition for appeal is filed in the Intermediate Court of Appeals, a party may file a motion in the Supreme Court of Appeals for direct review of a final judgment or order that is otherwise within the appellate jurisdiction of the Intermediate Court of Appeals pursuant to 51-11-5 of […]
§51-11-6. Election of Judges; Initial Appointment and Election; Vacancies; Length and Conditions of Judicial Terms
(a) The three judges of the Intermediate Court of Appeals shall be elected on a nonpartisan basis to serve 10-year terms, subject to the exceptions for initial appointments and elections contained in subsection (b) and subsection (c) of this section. (b) Nomination and election to fill initial vacancies. The judges shall be nominated and appointed […]
§51-11-7. Rules of Practice and Procedure; Fees; Deadlines
(a) Section three, article VIII of the Constitution of West Virginia grants the Supreme Court of Appeals of West Virginia supervisory control over all intermediate appellate courts in the state, including the power to promulgate rules for the procedures of an intermediate appellate court created by statute. In accordance with those provisions, the Intermediate Court […]
§51-11-8. Administration of Court
(a) In accordance with section three, article VIII of the Constitution of West Virginia, the Intermediate Court of Appeals is subject to the administrative control, supervision, and oversight of the Supreme Court of Appeals. Under those same provisions, the Chief Justice of the Supreme Court of Appeals is the “administrative head” of all West Virginia […]
§51-11-9. Written Opinions; Precedential Effect
(a) The Intermediate Court of Appeals shall issue, as appropriate in each appeal, written opinions, orders, and decisions: Provided, That a written decision on the merits shall be issued as a matter of right in each appeal that is properly filed and within the jurisdiction of the Intermediate Court of Appeals. (b) A written opinion, […]