West Virginia Intermediate Court of Appeals

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West Virginia Intermediate Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   3
Founded:   2021
Salary:  Associates: $142,500[1]
Judicial selection
Method:   Nonpartisan election
Term:   10 years

The state's intermediate appellate court was created by Senate Bill 275, which was signed by Gov. Jim Justice (D) on April 9, 2021.[2] The court began hearing cases on July 1, 2022.[3]

Jurisdiction

The Intermediate Court of Appeals will have jurisdiction over final judgments in:

  • circuit court civil cases;
  • family court cases;
  • circuit court guardianship or conservatorship matters;
  • agency or administrative law judge matters;
  • Health Care Authority matters;
  • Office of Judges matters; and
  • Workers’ Compensation Board of Review matters.[4]

The Intermediate Court of Appeals will issue written decisions in each appeal, which will be binding precedent on all lower courts and agencies unless they are overruled or modified by the West Virginia Supreme Court of Appeals.[3]

Judges

Judge Tenure Appointed By

Thomas Scarr

May 2, 2022 - Present

Jim Justice

Dan Greear

May 6, 2022 - Present

Jim Justice

Charles Lorensen

May 6, 2022 - Present

Jim Justice


Judicial selection

See also: Judicial selection in West Virginia

The three judges of the West Virginia Intermediate Court of Appeals are chosen in nonpartisan elections to serve 10-year terms. They must run for re-election when their terms expire.[5]

Qualifications

To serve on the West Virginia Intermediate Court of Appeals, a judge must be:

  • at least 30 years old;
  • a member in good standing of the West Virginia State Bar;
  • practiced in law for at least 10 years; and
  • a state resident for at least five years.[4]

Chief judge

The chief judge of the court is selected by peer vote for a one-year term.[6]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement from a list of two to five qualified applicants submitted by a nominating commission. The appointee serves until the next general election, at which point he or she may compete to fill the remainder of the unexpired term.[4]

Salary

In 2024, the associate judges of the court received a salary of $142,500, according to the National Center for State Courts.[7]

Elections

2024

See also: West Virginia intermediate appellate court elections, 2024

The term of one West Virginia intermediate appellate court judge will expire on December 31, 2024. The one seat was up for nonpartisan election on May 14, 2024. The filing deadline was January 27, 2024.

Candidates and results

General election
General election for West Virginia Intermediate Court of Appeals

Ryan White defeated Elgine McArdle and Mychal Schulz in the general election for West Virginia Intermediate Court of Appeals on May 14, 2024.

Candidate
%
Votes
Image of Ryan White
Ryan White (Nonpartisan) Candidate Connection
 
59.2
 
160,873
Silhouette Placeholder Image.png
Elgine McArdle (Nonpartisan)
 
21.6
 
58,818
Image of Mychal Schulz
Mychal Schulz (Nonpartisan) Candidate Connection
 
19.2
 
52,282

Total votes: 271,973
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Judges not on the ballot

State profile

Demographic data for West Virginia
 West VirginiaU.S.
Total population:1,841,053316,515,021
Land area (sq mi):24,0383,531,905
Race and ethnicity**
White:93.6%73.6%
Black/African American:3.3%12.6%
Asian:0.7%5.1%
Native American:0.2%0.8%
Pacific Islander:0%0.2%
Two or more:2%3%
Hispanic/Latino:1.4%17.1%
Education
High school graduation rate:85%86.7%
College graduation rate:19.2%29.8%
Income
Median household income:$41,751$53,889
Persons below poverty level:22.2%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in West Virginia.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in West Virginia

West Virginia voted Republican in all six presidential elections between 2000 and 2020.


More West Virginia coverage on Ballotpedia

See also

West Virginia Judicial Selection More Courts
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Courts in West Virginia
West Virginia Intermediate Court of Appeals
West Virginia Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in West Virginia
Federal courts
State courts
Local courts

External links

Footnotes