CHARLESTON – The House of Delegates will take up and vote on a somewhat different version of the Senate’s intermediate appeals court bill, SB 275, on Friday.
The bill was on second reading on Thursday and the House adopted an amended version that came out of House Judiciary and Finance, with some more floor amendments added
As it left the Senate, SB 275 created an intermediate court to handle appeals of circuit court civil cases, guardianship and conservatorship cases; family court decisions; contested administrative agency decisions; and Worker’s Comp Board of Review decisions. It would not handle criminal or juvenile proceedings, child abuse and neglect or mental hygiene proceedings, or appeals from the Public Service commission, among others.
The Senate version created districts – northern and southern – with three judges for each. The judges would be initially appointed and then elected to 10-year terms in May 2022.
The amended House version up for passage delays the launch of the court from July 1 this year to July 1, 2023. For those concerned about costs, Judiciary chair John Shott, said, this delay means the new court won’t affect other important issues, such as foster care, this year.
The House version eliminates the initial judicial appointments and elects each pane to staggered terms – four, six and 10 years – in the May 2022 primary. Where no candidate gets more than 40 percent in May, a runoff will follow. Following those terms, all judges will be elected to 10pyear terms.
The House also added criminal cases and writs of habeas corpus (where prisoners can claim unlawful detention).
The bill allows parties to move for direct appeal to the Supreme Court for such things as issues of fundamental public importance or time urgency. Because the extra layer of appeal can delay some cases, the party that moves for further appeal to the Supreme Court faces an interest penalty if it fails again.
Delegates adopted three additional amendments to that version.
An amendment by Delegate Chad Lovejoy, D-Cabell, undid a committee change. Judiciary and Finance based the northern and southern courts in Clarksburg and Beckley, respectively. Lovejoy argued that the court should operate at the convenience of all communities and not be fixed at two sites. His amendment restored the Senate version, placing the proceedings at any location convenient to the litigants.
Delegate Brandon Steele, R-Raleigh, argued that fixing the court at two sites would allow each to have an office and not disrupt local court operations in the various counties under their jurisdiction.
Lovejoy prevailed in a roll call vote, 51-48.
Delegate Lisa Zukoff, D-Marshall, offered an amendment to provide children and families the right to appeal to the intermediate court in cases of child abuse and neglect, foster care and juvenile justice.
Shott argued against it, saying that allowing those cases to go directly to the Supreme Court would help them get resolved quicker. But Zokoff prevailed, 51-48.
Steele offered one to require the attorney general to represent the state in all intermediate court matters involving the state. Two delegates who have worked as prosecutors opposed that, saying prosecutors have tried most of the criminal cases that would be appealed under the House version and should continue to represent the state in the appeal.
Steele prevailed 54-45.
The amended amendment was then adopted in a voice vote.
Should the bill pass on Friday, the question will then be if the Senate will accept the changes.
A hint at how the Senate might respond could be seen on the House floor. Senate Judiciary counsel Sarah Canterbury, who drafted and revised the bill for Senate Judiciary Charles Trump, was at Shott’s side serving as his counsel for any questions that might have arisen.
The projected cost of the court has fluctuated as the bill has morphed. One estimate put it at $7.6 million in 2021, with annual costs thereafter at $6.34 million. The cost would be offset by elimination of the Office of Judges for Worker’s Comp cases, at a savings of $2.6 million.
Shott said he hopes to have a revised estimate ready for Friday’s action on the bill.
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