Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
West Virginia Supreme Court
Seal of the West Virginia Supreme Court
Established 1863; 1872
Jurisdiction West Virginia West Virginia, United States United States
Location Charleston, West Virginia
Authorized by West Virginia Constitution
Decisions are appealed to Supreme Court of the United States
Judge term length 12 Years
Number of positions 5
Website Supreme Court of Appeals of West Virginia
Chief Justice
Currently Margaret L. Workman
Since 2011
Lead position ends 2012
Jurist term ends 2020

The Supreme Court of Appeals of West Virginia is the state supreme court of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston.

Although the West Virginia Constitution allows for an intermediate court of appeals to be created, the Supreme Court currently provides the only review of the decisions of the state's trial courts of general jurisdiction, the West Virginia Circuit Courts.

The justices of the court are elected to 12 year terms by staggered, state-wide, partisan elections. Pursuant to the West Virginia Code (chapter 51), the Court holds two regular sessions annually with the first session commencing on the second Tuesday in January and the second session commencing on the first Wednesday in September. The Court may also sit in special session as needed.[1]



The current members of the Court are Chief Justice Margaret Workman, Brent Benjamin, Robin Davis, Menis Ketchum and Thomas McHugh.

On September 10, 2008, then-Chief Justice Eliot E. "Spike" Maynard named former justice Thomas McHugh to temporarily replace Justice Joseph P. Albright. Justice Albright had taken medical leave after being diagnosed with esophageal cancer. Justice Albright died on March 20, 2009.[2][3] On April 8, 2009, Governor Joe Manchin appointed Justice McHugh to Justice Albright's vacant seat; McHugh defeated Republican John Yoder in the November 2010 election to fulfill the unexpired term, which ceases on December 31, 2012.[4]

The Chief Justiceship is a rotating office, which usually changes from one Justice to another each year. As instances sometimes require recusal or disability prevents a sitting justice from presiding, Article 8, Section 2 of the West Virginia Constitution authorizes the Chief Justice to appoint a replacement judge. The Court typically designates "senior-status" judges to temporarily fulfill vacancies when required. Upon the death, resignation, or removal of a sitting justice, Article 8, Section 2 of the West Virginia Constitution permits the Governor to appoint a replacement. An election to fulfill the unexpired term must be held by the next regular general election. [5]

2008 Elections

The seats held by Justice Spike Maynard and Justice Larry Starcher were up for full-term election in 2008. On December 20, 2007, Justice Starcher announced that he would not seek another term on the Court. [6] In the May 13, 2008 primary election, Maynard was defeated for reelection, placing third in the Democratic primary. Maynard was defeated for the two available spots in the general election by former Supreme Court Justice Margaret Workman and Huntington attorney Menis Ketchum.[7] Justice Workman and Mr. Ketchum, both Democrats, were elected to the Court in November 2008 by defeating Republican Beth Walker. Justice-Elect Ketchum was sworn in on December 18, 2008.[8] Justice Workman was sworn in on December 29, 2008.[9] Both Justice Ketchum and Justice Workman assumed their offices on January 1, 2009.

See also


  1. ^ West Virginia Code - Chapter 51
  2. ^ Wheeling Intelligencer
  3. ^ Charleston Gazette
  4. ^ West Virginia Secretary of State Election Result Center
  5. ^ West Virginia Code - Article 8, Section 2
  6. ^ Charleston Gazette
  7. ^ WSAZ-TV Web-Page
  8. ^ Supreme Court of Appeals Press Release
  9. ^ Supreme Court of Appeals Press Release

External links

Coordinates: 38°20′11″N 81°36′43″W / 38.336401°N 81.612062°W / 38.336401; -81.612062

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • List of Justices for the Supreme Court of Appeals of West Virginia — Below is a complete list of justices whom have served on the Supreme Court of Appeals of West Virginia since 1863.The Court created by the 1863 West Virginia State Constitution =The Court created by the 1872 West Virginia State Constitution [In… …   Wikipedia

  • Supreme Court of Appeals — Supreme Court of Appeals: the court of last resort in West Virginia Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Court of Appeals (disambiguation) — Court of Appeals may refer to:In Israel: *Military Court of AppealsIn the Philippines: *Philippine Court of AppealsIn Turkey: *High Court of Appeals of TurkeyIn the United States of America: *United States court of appeals *United States Court of …   Wikipedia

  • West Virginia — This article is about the U.S. state of West Virginia. For other uses, see West Virginia (disambiguation). State of West Virginia …   Wikipedia

  • Court of appeals (disambiguation) — A court of appeals is an appellate court generally. Court of Appeals may refer to: Military Court of Appeals (Israel) Corte d Assise d Appello (Italy) Philippine Court of Appeals High Court of Appeals of Turkey United States courts of appeals… …   Wikipedia

  • Supreme Court of Appeal — may refer to:*The Supreme Court of Appeal of South Africa. *The Newfoundland Supreme Court of Appeal. *The West Virginia Supreme Court of Appeals.It may also refer to other Courts of Appeal …   Wikipedia

  • Supreme court — For specific national supreme courts, see List of national supreme courts. A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court,… …   Wikipedia

  • court of appeals — often cap C&A: a court hearing appeals from the decisions of lower courts: as a: an intermediate court of the U.S. federal judicial system b: a state appellate court – called also court of appeal; see also the judicial system in the back matter ◇ …   Law dictionary

  • West Virginia gubernatorial special election, 2011 — West Virginia gubernatorial election, 2011 2008 ← October 4, 2011 (2011 10 04) …   Wikipedia

  • West Virginia — West Virginian. a state in the E United States. 1,949,644; 24,181 sq. mi. (62,629 sq. km). Cap.: Charleston. Abbr.: WV (for use with zip code), W.Va. * * * State (pop., 2000: 1,808,344), east central U.S. It covers an area of 24,232 sq mi (62,760 …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.