West Virginia 2024 Regular Session

West Virginia Senate Bill SB548

Introduced
1/25/24  
Refer
1/25/24  
Engrossed
2/9/24  
Refer
2/12/24  
Enrolled
3/8/24  
Passed
3/26/24  

Caption

Clarifying appellate jurisdiction of Intermediate Court of Appeals

Impact

The legislation is expected to impact the way appeals are handled in West Virginia, potentially reducing the burden on higher courts by funneling more cases through the Intermediate Court of Appeals. This reorganization aims to provide parties with a full and meaningful review of their cases while eliminating the confounding overlap of jurisdictions. It also specifies matters that remain outside the purview of this court, thus setting clear boundaries for its operational scope. This change could lead to more efficient handling of civil appeals but may also prompt discussions about the implications for judicial resources and access to justice.

Summary

Senate Bill 548 aims to clarify the appellate jurisdiction of the Intermediate Court of Appeals in West Virginia. It establishes a framework for appealable matters, mainly focusing on final judgments from circuit courts, family courts, and agency decisions. The bill specifies the types of cases that fall within the appellate jurisdiction of the Intermediate Court, particularly those finalized after June 30, 2022, and delineates the authority between this new court and the state Supreme Court regarding civil appeals. By doing so, the bill seeks to streamline the appellate process within the state's judicial system.

Sentiment

General sentiment regarding SB548 appears to be supportive among lawmakers who emphasize its role in clarifying and enhancing the efficiency of the appellate system. With no recorded opposition during the voting process, the bill passed with significant support, reflecting a consensus on the necessity of clearer jurisdictional guidelines. However, stakeholders may still have concerns regarding the adequacy of the Intermediate Court's oversight, especially in matters of family law and administrative governance.

Contention

While there have been no specific points of contention raised publicly during the discussions on SB548, its implementation will necessitate careful consideration of its effects on various types of appeals, especially in domestic and administrative contexts that previously fell into a grey area. The clear exclusion of certain matters from the Intermediate Court's jurisdiction, like criminal proceedings or juvenile cases, signifies a cautious approach to delineating its powers. Future discussions may revolve around whether this structure effectively meets the needs of the judicial landscape and whether additional reforms might be necessary as the court begins to operate.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3537

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

WV SB652

Modifying Municipal Home Rule appeals

WV HB3279

Relating to municipal home rule appeals

WV HB3471

Relating to the appellate court for appeals of level 3 decisions issued by the Public Employees Grievance Board

WV HB3391

Establishing filing deadlines for appeals of property tax valuations and issues involving property tax classification and taxability to the West Virginia Office of Tax Appeals

WV SB538

Updating procedure on appeals of level three decisions issued by Public Employees Grievance Board

WV HB2417

Directing the Supreme Court of Appeals to create a pilot domestic violence court in Kanawha County

WV HB2986

Creating a statutory right to petition circuit and family courts for sibling visitation

WV SB631

Updating administration, funding, and requirements for federal elections held in WV

WV SB247

Making administrative appeals and judicial review of board action subject to provisions of Administrative Procedures Act

Similar Bills

CA SB1200

Enforcement of judgments: renewal and interest.

CA SB642

Civil actions: renewal of judgments.

CA SB616

Enforcement of money judgments: exemptions.

CA SB261

Division of Labor Standards Enforcement: orders, decisions, and awards.

CA SB298

Enforcement of money judgments: exemptions.

CA AB774

Civil actions: enforcement of judgments.

CA AB2339

Deferred entry of judgment.

CA SB1477

Enforcement of judgments: wage garnishment.