WEST VIRGINIA - STATE COURT ORGANIZATION PROFILE

• NCJ Number: 55120
• Author(s): J B VENHOFF
• Date Published: 1977
• Length: 72 pages
• Grant Number(s): 76-DF-99-0052
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Association; National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: STATE COURT ORGANIZATION PROFILE SERIES

Annotation

THIS REPORT, ONE IN A SERIES CONTAINING PROFILES OF NONFEDERAL COURT SYSTEMS, DESCRIBES THE ORGANIZATION OF STATE COURTS IN WEST VIRGINIA.

Abstract

A JUDICIAL ARTICLE WAS ADOPTED IN WEST VIRGINIA IN 1974 THAT REPLACED JUSTICES OF THE PEACE WITH MAGISTRATE COURTS, VESTED PROCEDURAL AND ADMINISTRATIVE RULEMAKING POWERS IN THE SUPREME COURT, VESTED JUDICIAL DISCIPLINARY AND RETIREMENT POWERS IN THE SUPREME COURT, SPECIFIED THAT JUSTICES AND JUDGES MUST BE ATTORNEYS, PROHIBITED ANY JUDICIAL OFFICER FROM BEING COMPENSATED ON A FEE BASIS, AND PERMITTED THE TRANSFER OF PROBATE JURISDICTION FROM COUNTY GOVERNING BODIES TO CIRCUIT COURTS. THE SUPREME COURT OF APPEALS IS THE COURT OF LAST RESORT. IN ADDITION TO ITS EXTRAORDINARY WRIT POWERS, IT HAS APPELLATE JURISDICTION OVER ALL MATTERS DECIDED IN CIRCUIT COURTS AND OVER CRIMINAL CONVICTIONS RENDERED IN MAGISTRATE COURTS AND AFFIRMED BY CIRCUIT COURTS. THE STATE HAS ONE COURT OF GENERAL JURISDICITON (CIRCUIT COURTS) AND TWO LIMITED JURISDICTION COURTS (MAGISTRATE AND MUNICIPAL COURTS). CIRCUIT COURTS HAVE JURISDICTION OVER ALL CIVIL CASES EXCEEDING $100, EQUITY CASES, AND CRIMES AND MISDEMEANORS. MAGISTRATE COURTS HAVE JURISDICTION OVER ALL MISDEMEANORS AND CONDUCT PRELIMINARY EXAMINATIONS IN FELONY CASES. THE JURISDICTION OF MUNICIPAL COURTS IS CONSTITUTIONALLY LIMITED TO HEARING CASES INVOLVING ORDINANCE VIOLATIONS. PROCEDURES PERTAINING TO THE FOLLOWING AREAS HAVE BEEN IMPLEMENTED: THE QUALIFICATIONS, SELECTION, AND TERM OF THE JUDICIARY; THE DISCIPLINE AND REMOVAL OF JUDGES; COMPENSATION; RETIREMENT AGE AND ACTIVE SERVICE; CONTINUING EDUCATION; AND THE USE OF PARAJUDICIAL OFFICERS. THE DETAILED PROFILE OF THE COURT SYSTEM CONCERNS THE COURT OF LAST RESORT, INTERMEDIATE APPELLATE COURT, TRIAL COURT OF GENERAL JURISDICTION, TRIAL COURTS OF LIMITED JURISDICTION, JUDGES, PARAJUDICIAL OFFICERS, NONJUDICIAL PERSONNEL, JUDICIAL POLICYMAKING AND ADVISORY BODIES, COURT ADMINISTRATION, COURT FINANCING, AND COURT RECORDS AND STATISTICS. SOURCES OF INFORMATION USED TO PREPARE THE PROFILE ARE LISTED. ORGANIZATIONAL CHARTS OF THE COURT SYSTEM ARE INCLUDED. DATA ON SIMILARITIES BETWEEN THE WEST VIRGINIA COURT SYSTEM AND AMERICAN BAR ASSOCIATION STANDARDS RELATING TO COURT ORGANIZATION ARE PROVIDED. (DEP)