Vote Smart's Synopsis:

Vote to pass a bill that establishes an intermediate court of appeals between local circuits and the West Virginia Supreme Court.

Highlights:

• Authorizes exclusive appellate jurisdiction to the West Virginia Intermediate Court of Appeals over (Chap. 23, Article 1).

• Decisions or orders issued by the Office of Judges after June 30, 2021 and prior to its termination; and

• Decisions of the Workers’ Compensation Board of Review, issued after June 30, 2021.

• Specifies that the “Workers’ Compensation Board of Review” or “board of review” when used in reference to an appeal of a board of review decisions, means the West Virginia Intermediate Court of Appeals (Chap. 23, Article 1).

• Specifies that the Workers’ Compensation Office of Administrative Law Judges, referred to as the Office of Judges, will terminate on or before October 1, 2021 (Chap. 23, Article 5).

• Authorizes the transfer of all powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, to the Workers’ Compensation Board of Review on July 21, 2021 (Chap. 23, Article 5).

• Requires proceedings for judicial review of any final order or decision issued after June 30, 2021, to be instituted by filing an appeal to the Intermediate Court of Appeals (Chap. 29A, Article 5).

• Authorizes any party adversely affected by the final order, decision, or judgment of the Intermediate Court of Appeals to seek review by petition to the Supreme Court of Appeals (Chap. 29A, Article 6).

• Requires an appeal of a final order or decision entered by a family court after June 30, 2021, to be made to the Intermediate Court of Appeals (Chap. 51, Article 2A).

• Establishes the Intermediate Court of Appeals (Chap. 51, Article 11).

• Specifies that the Intermediate Court of Appeal is composed of the Intermediate Court of Appeals for the Northern District and the Intermediate Court of Appeals for the Southern District (Chap. 51, Article 11).

• Requires appeals of the following matters to be made to the Intermediate Court of Appeals (Chap. 51, Article 11):

• Final judgments or orders of a circuit court in a civil case, entered after June 30, 2021;

• Final judgments or orders of a family court, entered after June 30, 2021;

• Final judgments or orders of a circuit court concerning guardianship or conservatorship matters;

• Final judgements, orders, or decisions of an agency or an administrative law judge entered after June 30, 2021;

• Final orders or decisions of the Health Care Authority issued prior to June 30, 2021, in a certificate of need review, but transferred to the jurisdiction of the Intermediate Court of Appeals upon termination of the Office of Judges;

• Final orders or decisions issued by the Office of Judges after June 30, 2021, and prior to its termination; and

• Final orders or decisions of the Workers’ Compensation Board of Review.

• Authorizes the Governor to appoint, with the advice and consent of the Senate, 3 judges to serve in each district of the Intermediate Court of Appeals (Chap. 51, Article 11).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes an intermediate court of appeals between local circuits and the West Virginia Supreme Court.

Highlights:

• Authorizes exclusive appellate jurisdiction to the West Virginia Intermediate Court of Appeals over (Chap. 23, Article 1).

• Decisions or orders issued by the Office of Judges after June 30, 2021 and prior to its termination; and

• Decisions of the Workers’ Compensation Board of Review, issued after June 30, 2021.

• Specifies that the “Workers’ Compensation Board of Review” or “board of review” when used in reference to an appeal of a board of review decisions, means the West Virginia Intermediate Court of Appeals (Chap. 23, Article 1).

• Specifies that the Workers’ Compensation Office of Administrative Law Judges, referred to as the Office of Judges, will terminate on or before October 1, 2021 (Chap. 23, Article 5).

• Authorizes the transfer of all powers and duties of the Office of Judges to review objections, protests, or any other matter authorized by this chapter, to the Workers’ Compensation Board of Review on July 21, 2021 (Chap. 23, Article 5).

• Requires proceedings for judicial review of any final order or decision issued after June 30, 2021, to be instituted by filing an appeal to the Intermediate Court of Appeals (Chap. 29A, Article 5).

• Authorizes any party adversely affected by the final order, decision, or judgment of the Intermediate Court of Appeals to seek review by petition to the Supreme Court of Appeals (Chap. 29A, Article 6).

• Requires an appeal of a final order or decision entered by a family court after June 30, 2021, to be made to the Intermediate Court of Appeals (Chap. 51, Article 2A).

• Establishes the Intermediate Court of Appeals (Chap. 51, Article 11).

• Specifies that the Intermediate Court of Appeal is composed of the Intermediate Court of Appeals for the Northern District and the Intermediate Court of Appeals for the Southern District (Chap. 51, Article 11).

• Requires appeals of the following matters to be made to the Intermediate Court of Appeals (Chap. 51, Article 11):

• Final judgments or orders of a circuit court in a civil case, entered after June 30, 2021;

• Final judgments or orders of a family court, entered after June 30, 2021;

• Final judgments or orders of a circuit court concerning guardianship or conservatorship matters;

• Final judgements, orders, or decisions of an agency or an administrative law judge entered after June 30, 2021;

• Final orders or decisions of the Health Care Authority issued prior to June 30, 2021, in a certificate of need review, but transferred to the jurisdiction of the Intermediate Court of Appeals upon termination of the Office of Judges;

• Final orders or decisions issued by the Office of Judges after June 30, 2021, and prior to its termination; and

• Final orders or decisions of the Workers’ Compensation Board of Review.

• Authorizes the Governor to appoint, with the advice and consent of the Senate, 3 judges to serve in each district of the Intermediate Court of Appeals (Chap. 51, Article 11).

Full Bill Text