West Virginia House Bill 4004 (Prior Session Legislation)

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Spectrum: Partisan Bill (Republican 3-0)
Status: Introduced on January 31 2018 - 25% progression, died in committee
Action: 2018-01-31 - To House Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

The purpose of this bill is to create an Intermediate Court of Appeals. The bill requires election of Judges of the Intermediate Court of Appeals be on nonpartisan basis. The bill requires elections be on a division basis when more than one judge is to be elected. The bill provides for timing and frequency of election. The bill provides for commencement of terms of office. The bill establishes ballot design and printing. The bill provides that elections be held on same date as primary election. The bill requires nonpartisan ballots. The bill establishes filing announcement of candidacies, including timing, location and necessary information. The bill provides for order of appearance of offices on the ballot. The bill establishes ballot content. The bill provides procedures for filling of vacancies. The bill provides occasions for special elections to be held to fill vacancies. The bill requires Intermediate Court of Appeals be operational by July 1, 2019. The bill establishing northern and southern districts. The bill provides three judges for each district. The bill establishes qualifications for judges. The bill designates the clerk of the Supreme Court as the clerk of the Intermediate Court of Appeals. The bill provides that certain appeals to be reviewed as a matter of right and those matters in which the appeals are discretionary. The bill establishes court jurisdiction. The bill provides for deflective review. The bill provides West Virginia Supreme Court of Appeals will either keep an appeal or transfer it to Intermediate Court. The bill provides appeals in certain administrative cases are discretionary. The bill authorizes appeals from Intermediate Court to Supreme Court. The bill authorizes Governor to make initial appointments by July 1, 2018. The bill creates staggered terms. The bill provides for elections for ten-year terms after initial appointments. The bill authorizes a Chief Judge. The bill authorizes staff for court and judges. The bill provides for compensation and expenses of judges and staff. The bill provides for temporary assignment of circuit court judges. The bill authorizes Supreme Court to provide facilities, furniture, fixtures and equipment for Intermediate Court. The bill establishes precedential effect of Intermediate Court orders and decisions. The bill provides budget of Intermediate Court be part of Supreme Court budget. The bill provides for severability.

Creating a new court to be known as West Virginia Intermediate Court of Appeals

Del. Steve Westfall [R]

Del. Cindy Frich [R]

Del. Joe Ellington [R]

Date	Chamber	Action
2018-01-31	House	To House Judiciary
2018-01-31	House	Introduced in House
2018-01-31	House	To Judiciary then Finance
2018-01-31	House	Filed for introduction

SB341 (Similar To) 2018-02-16 - To House Judiciary

Chapter	Article	Section	Citation Type	Statute Text
3	1	17	Amended Code	Citation Text
3	10	3	Amended Code	Citation Text
3	10	3a	Amended Code	Citation Text
3	4A	11a	Amended Code	Citation Text
3	5	13	Amended Code	Citation Text
3	5	6e	New Code	See Bill Text
3	5	7	Amended Code	Citation Text
51	1B	1	New Code	See Bill Text
51	1B	10	New Code	See Bill Text
51	1B	11	New Code	See Bill Text
51	1B	12	New Code	See Bill Text
51	1B	2	New Code	See Bill Text
51	1B	3	New Code	See Bill Text
51	1B	4	New Code	See Bill Text
51	1B	5	New Code	See Bill Text
51	1B	6	New Code	See Bill Text
51	1B	7	New Code	See Bill Text
51	1B	8	New Code	See Bill Text
51	1B	9	New Code	See Bill Text
58	5	1	New Code	See Bill Text
6	5	1	Amended Code	Citation Text

Type	Source
Summary	http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4004&year=2018&sessiontype=RS&btype=bill
Text	http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4004%20intr.htm&yr=2018&sesstype=RS&i=4004