SUPREME COURT of APPEALS
CHARLESTON, WEST VIRGINIA
25305

Larry V. Starcher
Chief Justice   

      Charleston, W. Va. - Supreme Court Chief Justice Larry V. Starcher released a statement today criticizing a proposal in the just-released worker’s compensation bill that would create a new intermediate court of appeals.

       In his statement, Chief Justice Starcher said:

       "What is the point of substituting a politically-appointed three-judge court for the current politically-appointed Workers’ Compensation Appeal Board -- at a substantial increase in cost? The new court would cost $3 million, compared with current annual costs of the Appeal Board of approximately $800,000. This expensive part of the proposed bill will do nothing to help fix our Worker’s Comp system."

        Chief Justice Starcher also criticized the fact that under the proposed bill, the three judges on a new intermediate court would be appointed by the Governor, and approved by the State Senate. He said:   

      "For more than 150 years, West Virginians have elected our judges. An elected, independent judiciary is a check on the other two branches of government. Judges have to be referees. Part of our job is saying "foul," when the Governor or Legislature step over the line and violate the Constitution or statutes. That takes independence. What kind of independence do you get when the referees are selected by the coaches?"

        Chief Justice Starcher also said:

      "Today, West Virginia judges ultimately owe their jobs to the people who vote in elections, not to politicians. This makes for an independent judiciary, where courts are open to ordinary people who want to challenge the system. Fixing Worker’s Compensation should not be a smokescreen for taking away the people’s right to elect their judges – and at an absurd cost that this State cannot afford."

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