SB 275
would create an Intermediate Court of Appeals whose decisions would be accorded precedential effect by the lower courts. The bill establishes northern and southern districts within West Virginia, each with a three-judge panel to hear appeals arising out of their respective geographical area. The judges are to be appointed by the Governor, with the advice and consent of the Senate, to staggered terms of two, four, and six years. The Committees amended the original bill in certain key areas. For instance, after expiration of their initial terms, the judges will run for full 12-year terms in non-partisan elections. Furthermore, the Intermediate Court of Appeals will not have any original jurisdiction. After June 30, 2022, it will have appellate jurisdiction over such matters as final judgments or orders of a circuit court in civil cases, final judgments or orders of a family court, and decisions of an agency or an administrative law judge. Appeals from its decisions to the Supreme Court of Appeals will be taken by discretion. The bill also significantly reorganizes workers' compensation appeals by transferring all powers and duties of the current Workers' Compensation Office of Judges to the three-judge panel of the Workers' Compensation Board of Review. The Office of Judges shall issue final decisions on remaining cases on or before September 30, 2022. The Intermediate Court of Appeals will have exclusive appellate jurisdiction over all decisions issued by the Office of Judges and the Board of Review after June 30, 2022. The Intermediate Court of Appeals is expected to cost almost $12 million per year to operate. As before, the plaintiffs' trial bar opposed the bill, while business interests restated their long time support. Last year, the bill failed in the House of Delegates by a vote of 56 to 44. With more than 30 new members, and a Republican supermajority, Senate Bill 275 will arrive in a vastly different House of Delegates.