Supreme Court of Appeals of West Virginia
Encyclopedia
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 court
s 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.
, 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. 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.
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.
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. 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
. 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. Justice Workman was sworn in on December 29, 2008. Both Justice Ketchum and Justice Workman assumed their offices on January 1, 2009.
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, the highest of West Virginia's state courts. It is located in the state capital, Charleston
Charleston, West Virginia
Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...
.
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 court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
s of general jurisdiction
General jurisdiction
A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...
, the West Virginia Circuit Courts
West Virginia Circuit Courts
The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties...
.
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.
Justices
The current members of the Court are Chief Justice Margaret WorkmanMargaret Workman
Margaret Lee Workman, a Democrat, is the Chief Justice of the Supreme Court of Appeals of West Virginia. In West Virginia, the status of Chief Justice, by tradition, rotates between the justices annually and is mainly an administrative post....
, Brent Benjamin, Robin Davis
Robin Davis
Robin Jean Davis is an American jurist currently serving as a justice of the Supreme Court of Appeals of West Virginia. In 1996, Davis was appointed by Governor Gaston Caperton to replace Justice Franklin Cleckley. In 1996, she was elected to fill the unexpired term and was re-elected to a full...
, Menis Ketchum
Menis Ketchum
Menis E. Ketchum II is a justice on the Supreme Court of Appeals of West Virginia. He was elected as a Democrat to a twelve-year term on the Court in November 2008.-Background:...
and Thomas McHugh
Thomas McHugh (judge)
Thomas E. McHugh is an American jurist currently serving on the Supreme Court of Appeals of West Virginia. In 1980 and 1992, McHugh was elected as a Democrat to full, twelve-year terms on the Court. He retired on December 31, 1997....
.
On September 10, 2008, then-Chief Justice Eliot E. "Spike" Maynard
Spike Maynard
Elliot E. "Spike" Maynard is an American lawyer and former judge from West Virginia. In 1996 he was elected as a Democrat to the Supreme Court of Appeals of West Virginia...
named former justice Thomas McHugh
Thomas McHugh (judge)
Thomas E. McHugh is an American jurist currently serving on the Supreme Court of Appeals of West Virginia. In 1980 and 1992, McHugh was elected as a Democrat to full, twelve-year terms on the Court. He retired on December 31, 1997....
to temporarily replace Justice Joseph P. Albright. Justice Albright had taken medical leave after being diagnosed with esophageal cancer
Esophageal cancer
Esophageal cancer is malignancy of the esophagus. There are various subtypes, primarily squamous cell cancer and adenocarcinoma . Squamous cell cancer arises from the cells that line the upper part of the esophagus...
. Justice Albright died on March 20, 2009. On April 8, 2009, Governor Joe Manchin
Joe Manchin
Joseph "Joe" Manchin III is the junior United States Senator representing West Virginia. Manchin, a Democrat, was Governor of West Virginia from 2005 to 2010...
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.
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.
2008 Elections
The seats held by Justice Spike MaynardSpike Maynard
Elliot E. "Spike" Maynard is an American lawyer and former judge from West Virginia. In 1996 he was elected as a Democrat to the Supreme Court of Appeals of West Virginia...
and Justice Larry Starcher
Larry Starcher
Larry V. Starcher was a justice on the Supreme Court of Appeals of West Virginia. In November 1996, he was elected as a Democrat in a partisan election to the Supreme Court of Appeals. He served as Chief Justice in 1999 and 2003.- Legal Background :...
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. 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
Margaret Workman
Margaret Lee Workman, a Democrat, is the Chief Justice of the Supreme Court of Appeals of West Virginia. In West Virginia, the status of Chief Justice, by tradition, rotates between the justices annually and is mainly an administrative post....
and Huntington attorney Menis Ketchum
Menis Ketchum
Menis E. Ketchum II is a justice on the Supreme Court of Appeals of West Virginia. He was elected as a Democrat to a twelve-year term on the Court in November 2008.-Background:...
. 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. Justice Workman was sworn in on December 29, 2008. Both Justice Ketchum and Justice Workman assumed their offices on January 1, 2009.