West Virginia 2022 Regular Session

West Virginia Senate Bill SB244

Introduced
1/12/22  
Refer
1/12/22  
Report Pass
1/14/22  
Engrossed
1/20/22  
Refer
1/21/22  
Refer
1/21/22  
Enrolled
2/1/22  
Passed
2/9/22  

Caption

Relating to appointment of judges to Intermediate Court of Appeals

Impact

The bill mandates the use of a Judicial Vacancy Advisory Commission to oversee the appointment process for initial judges of the Intermediate Court of Appeals. Specifically, the commission will evaluate candidates and provide a list of nominees to the Governor, who has the discretion to select individuals for the judgeships. This procedural change aims to foster a transparent and accountable appointment process while ensuring that judges are chosen based on merit rather than political affiliation. Furthermore, the law includes provisions for filling judicial vacancies, which emphasizes stability within the judicial system.

Summary

Senate Bill 244 is a legislative measure in West Virginia aimed at delineating the appointment process for judges to the Intermediate Court of Appeals. The bill corrects a typographical error in the Code of West Virginia, specifically Chapter 51-11-6, which refers to the election and nomination processes of the judges. It establishes a structure for the nonpartisan election of three judges who will serve ten-year terms, thus enhancing the integrity and impartiality of the judiciary in the state.

Sentiment

The sentiment surrounding SB244 appears to be predominantly positive among legislators, as it promotes impartiality in judicial appointments and seeks to eliminate partisan influences in judiciary selections. The bill was passed with unanimous support, reflecting a broad consensus about the importance of maintaining a fair judicial system in West Virginia. Overall, discussions around this bill indicate a commitment to strengthening democratic processes within the state's legal framework.

Contention

While SB244 was well-received and passed with no opposition, the underlying challenges of judicial appointments remain pertinent. Critics of similar measures may still voice concerns regarding the influence of executive power in judicial nominations and the potential for political conflicts of interest. Such debates often resonate in discussions about separation of powers and the independence of the judiciary. Nonetheless, SB244 does create a framework intended to mitigate these concerns, specifically through its nonpartisan approach to judicial elections and appointments.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2028

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

WV SB620

Relating to time for appeal in Intermediate Court of Appeals

WV HB4525

To change the election dates for intermediate court of appeals judges to the genreal elections

WV HB3461

To change the election dates for intermediate court of appeals judges to the genreal elections

WV HB5067

Relating to notices of appeals for matters within the exclusive intermediate appellate jurisdiction of the Court of Appeals for the Fifteenth Court of Appeals District.

WV SB144

Eliminating a judgeship from district IV of the court of appeals and establishing an additional judgeship for district III of the court of appeals.

WV AB144

Eliminating a judgeship from district IV of the court of appeals and establishing an additional judgeship for district III of the court of appeals.

WV HB634

Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2025

WV SB284

Courts; to further provide for the election of justices of the Supreme Court and judges of the appellate courts

WV HB3273

Recognizing authority of Supreme Court of Appeals to recall senior judges and justices in specified circumstances

Similar Bills

WV HB2028

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

WV SB794

Relating to appeals of orders or decrees of adoption

WV HB4525

To change the election dates for intermediate court of appeals judges to the genreal elections

WV HB2561

Relating to municipal home rule appeals

WV SB748

Creating Safer Communities Act

WV HB2809

To remove the 2 year timeframe for medical malpractice suits to be filed ONLY for individuals who were minors when they had their procedures performed

WV HB4873

To remove the 2 year timeframe for medical malpractice suits to be filed only for individuals who were minors when they had their procedures performed

WV HB3275

Update timing for appeals