The present-day unified West Virginia Court system of West Virginia toppled the justice of the peace system and came into being in 1976 after voters ratified the Judicial Reorganization Amendment. This brought all state courts, except the municipal courts, under the jurisdiction of a single system, supervised and controlled by the Supreme Court of Appeals of West Virginia. Equality of justice was thus ensured.
The West Virginia Court system is a three-tier one composed of the Supreme Court of Appeals, the circuit courts, and the magistrate courts. From November 2000, separate family courts have also been created.
About
West Virginia Courts
The Supreme Court of Appeals is the highest seat of legal authority in the state of West Virginia. It is also the court of last resort. West Virginia holds the distinction of being one of the ten states in the United States to possess a single appellate court, which is also the busiest in the country.
Five justices serve at the Supreme Court and they are empowered to preside over all cases that have risen at the circuit court level. These include criminal convictions that have been appealed from the magistrate courts and appeals by the state administrative agencies. Workers' compensation appeals however, are distinct, and are appealed directly by the administrative agencies to the Supreme Court. Verdicts of the family courts are also appealed to the Supreme Court if the contesting parties refuse to go to the circuit court.
The Supreme Court of West Virginia wields immense legal powers. These include writ powers and original jurisdiction rights over habeas corpus, prohibition, certiorari, and mandamus proceedings. The court is also empowered to interpret the laws of the land. The Supreme Court however, has discretionary appellate jurisdiction powers. It may or may not choose to review all West Virginia court cases.
There are no juries or witnesses at the Supreme Court nor are there testimonies. As per West Virginia court records, justices pronounce their verdict based on verbal arguments and briefs prepared by the attorneys.
The circuit courts are West Virginia's sole general jurisdiction trial courts. These courts are empowered to sit over all civil cases where the amount of controversy is more than $300; cases in equity; all cases of felonies and misdemeanors; and habeas corpus, quo warranto, mandamus, certiorari, and prohibition proceedings. These courts also receive appeals from the magistrate courts, the municipal courts, and state administrative agencies, including workers' compensation claims.
The magistrate courts of West Virginia are the trial courts of limited jurisdiction. The magistrates can issue search and arrest warrants, preside over misdemeanor cases, hear civil cases where the damages sought are $5,000 or less, and perform preliminary investigations into felony cases. In cases of domestic violence, the magistrates can also issue emergency protection orders.
The family courts of West Virginia sit over cases that involve divorce, child custody, child visit rights, paternity claims, family support, and separate maintenance. They are also the final decision-making authorities in cases of domestic violence.
The extensive court system of West Virginia also includes locally administered municipal courts, whose authority is limited to ordinance breaches and the Northern Panhandle Mental Health Court, right now in Brooke, Hancock, Marshall, and Ohio counties, that deal with criminal cases involving repeat offenders known to be afflicted with mental illness.
