West Virginia Court System

The judiciary is one of three coequal branches of state government, each with separate powers. The legislative branch makes the law. The executive branch enforces the law. The judicial branch interprets and applies the law in cases brought before the courts.

West Virginia became a state on June 20, 1863. The present West Virginia Constitution was ratified in 1872. In 1880, the West Virginia Legislature rewrote the entire judicial article, which the voters adopted.

The most important event in the history of the West Virginia judiciary occurred on November 5, 1974, when the voters ratified the Judicial Reorganization Amendment, which became effective on January 1, 1976. This amendment ended the justice of the peace system and established a unified court system, uniting all state courts, except municipal courts, into a single system supervised and administered by the Supreme Court of Appeals of West Virginia. The amendment organized the judiciary into three levels: the Supreme Court of Appeals, circuit courts, and magistrate courts. In November 2000, the voters passed a constitutional amendment to allow the Legislature to create separate family courts. The new family courts went into effect on January 1, 2002.

The Supreme Court of Appeals

The Supreme Court of Appeals is West Virginia’s highest court and the court of last resort. West Virginia is one of only 10 states with a single appellate court. The Supreme Court of Appeals of West Virginia is the busiest appellate court of its type in the United States.

The five Supreme Court justices hear appeals of decisions over all matters decided in the circuit courts, including criminal convictions affirmed on appeal from magistrate court and appeals from administrative agencies. Workers’ compensation appeals are unique, and are appealed directly to the Supreme Court from the administrative agency. The Supreme Court justices also hear appeals of decisions decided in family court if both parties agree that they will not appeal directly to the circuit court.

The justices also have extraordinary writ powers and original jurisdiction in proceedings of habeas corpus, mandamus, prohibition, and certiorari. They also interpret the laws and Constitutions of West Virginia and the United States. The Court’s appellate jurisdiction is entirely discretionary. It may either grant or refuse review of any case.

Arguments before the Supreme Court of Appeals are presented by attorneys. Unlike trials in lower courts, there are no witnesses, juries, or testimony. After justices have heard oral arguments and reviewed attorneys’ written materials, known as briefs, they issue written decisions, or opinions. Supreme Court of Appeals opinions can be appealed only to the Supreme Court of the United States which may or may not agree to consider an appeal.

There are two terms of the Court each year. The first term begins on the second Tuesday in January and ends in July. The second term begins on the first Wednesday in September and ends in December. The time period between terms is called "sine die," which is Latin for "without day." When the Court is in session, the justices hear cases and deliver opinions. At other times, the justices consider the emergency business that comes before the Court. In addition to its judicial functions, the Supreme Court of Appeals has administrative and regulatory responsibilities. The Court has adopted a Code of Judicial Conduct, Rules for Admission to the Practice of Law, Rules of Professional Conduct, Rules of Judicial Disciplinary Procedure and Rules of Lawyer Disciplinary Procedure. The Court sits in the capital city of Charleston, but may travel to other locations.

The five justices are elected in partisan elections to 12-year terms. Justices must have practiced law for at least 10 years. The position of chief justice is a rotating one-year position based on seniority. The governor appoints justices to fill vacancies. An appointee who wishes to remain in office must run in the next election.

Following American custom since the 1800s, the justices wear black robes. Further, as is customary in American courts, the justices are seated by seniority on the bench. The chief justice occupies the center chair. The senior justice sits to the right of the chief justice, the second senior to the chief justice’s left, and so on, alternating right and left by seniority.

Circuit Courts - Trial Courts of General Jurisdiction

The circuit courts are West Virginia’s only general jurisdiction trial courts of record. Circuit courts have jurisdiction over all civil cases at law over $300; all civil cases in equity; proceedings in habeas corpus, mandamus, quo warranto, prohibition, and certiorari; and all felonies and misdemeanors. The circuit courts receive appeals from magistrate court, municipal court, and administrative agencies, excluding workers’ compensation appeals. The circuit courts also hear appeals of family court decisions unless both parties agree to appeal directly to the Supreme Court of Appeals. The circuit courts receive recommended orders from judicial officers who hear mental hygiene and juvenile matters. The Supreme Court of Appeals receives appeals of circuit court decisions.

West Virginia’s 55 counties are divided into 31 circuits with 65 circuit judges. A map of West Virginia’s judicial circuits can be found here. The circuits range in size from one with seven judges to 11 with one judge. Although as few as one or as many as four counties comprise a circuit, each county has a courthouse where the circuit judge presides.

Circuit judges are elected in partisan elections to eight-year terms. They must have practiced law for at least five years. The governor appoints circuit judges to fill vacancies. An appointee who wishes to remain in office must run in the next election.

Map of West Virginia's Judicial Circuits

Family Courts

Family court judges hear cases involving such matters as divorce, annulment, separate maintenance, family support, paternity, child custody, and visitation. Family court judges also conduct final hearings in domestic violence cases. The circuit courts hear appeals of family court decisions unless both parties agree to appeal directly to the Supreme Court of Appeals.

There are 35 family court judges who serve 26 family court circuits. Family court judges currently are appointed by the governor. The family court judges must have practiced law for at least five years. In 2002, family court judges will run in partisan elections for an initial six-year term. Subsequent terms will be for eight years.

Map of West Virginia's Family Court Circuits

Family Court Judges List

Mental Hygiene System

Mental hygiene commissioners are lawyers who preside over hearings on involuntary hospitalization, guardianship, and conservatorship. There is at least one mental hygiene commissioner in each of West Virginia’s 31 circuits.

Juvenile System

Among other duties, juvenile referees hold detention hearings when a child is arrested or taken into custody. West Virginia has two full-time and one part-time juvenile referees serving Kanawha, Cabell, and Wayne counties. In most counties, magistrates act as juvenile referees.

Magistrate Courts - Trial Courts of Limited Jurisdiction

There are 158 magistrates statewide, with at least two in every county and 10 in the largest county. Magistrates issue arrest and search warrants, hear misdemeanor cases, conduct preliminary examinations in felony cases, and hear civil cases with $5,000 or less in dispute. Magistrates also issue emergency protective orders in cases involving domestic violence. The circuit courts hear appeals of magistrate court cases.

Magistrates run for four-year terms in partisan elections. They do not have to be lawyers. Circuit judges appoint magistrates to fill vacancies. An appointee who wishes to remain in office must run in the next election.

MAGISTRATE COURT INFORMATION - By County

Municipal Courts

The jurisdiction of municipal courts is constitutionally limited to those cases involving ordinance violations. Municipal courts are administered locally.