FILE - West Virginia Governor Jim Justice

West Virginia Gov. Jim Justice

(The Center Square) – West Virginia Gov. Jim Justice announced his appointments for the state’s first Intermediate Court of Appeals, which will have appellate jurisdiction below the state’s Supreme Court of Appeals.

The court was established through Senate Bill 275, which was approved by the state legislature during the 2021 legislative session and signed into law by Gov. Jim Justice. Other efforts to establish a similar court failed in previous years.

Justice appointed Thomas E. Scarr of Huntington for a two-and-a-half-year term, Daniel W. Greear of Charleston for a four-and-a-half-year term and Donald A. Nickerson Jr. for a six-and-a-half-year term. The governor picked the judges with help from the Judicial Vacancy Advisory Commission. There were 25 applicants.

The court will be tasked with appeals from civil cases and cases concerning guardianship and conservatorship in circuit courts. It will also hear appeals from family courts, with the exception of domestic violence. It will hear appeals from state agencies or administrative law judges and from decisions or orders issued by the Workers’ Compensation Office of Judges.

Any written opinion, order or decision from the Intermediate Court of Appeals will be used as precedent for all circuit courts, family courts, magistrate courts and agencies unless overruled by the Supreme Court. The Intermediate Court of Appeals will also choose a chief judge. It has the authority to determine which cases require oral arguments.

The Supreme Court will have the authority to take jurisdiction over any case appealed to the Intermediate Court of Appeals. Either party in a case can request a direct review from the Supreme Court if there are exigencies and the case is a question of fundamental public importance.

Staff Reporter

Tyler Arnold reports on Virginia and West Virginia for The Center Square. He previously worked for the Cause of Action Institute and has been published in Business Insider, USA TODAY College, National Review Online and the Washington Free Beacon.