West Virginia Constitution Article VIII. Judicial Power
West Virginia Constitution – Article VIII: Judicial Power
Article VIII of the West Virginia Constitution establishes and outlines the judicial branch of the state government. This article was revised in 1974 to modernize and reorganize the state court system. It defines the structure, powers, and duties of the courts and judicial officers.
🔹 Structure of the Judicial System under Article VIII:
Section 1 – Judicial Power
Vests judicial power in a unified court system, comprising:
Supreme Court of Appeals
Intermediate Court of Appeals (added in later amendments, operational as of July 1, 2022)
Circuit Courts
Family Courts
Magistrate Courts
Other courts may be established by law.
Section 2 – Supreme Court of Appeals
Highest court in West Virginia.
Has appellate jurisdiction and limited original jurisdiction.
Composed of five justices, elected for 12-year terms.
Has administrative oversight over all courts in the state.
Section 3 – Circuit Courts
General jurisdiction trial courts.
Judges elected for eight-year terms.
Circuit courts have authority in civil and criminal matters, appeals from magistrate and family courts.
Section 4 – Magistrate Courts
Handle minor criminal offenses, traffic violations, small claims, and preliminary hearings in felony cases.
Magistrates are elected and not required to be lawyers.
Section 5 – Family Courts
Handle divorce, child custody, and domestic violence cases.
Created to relieve circuit courts from family law burdens.
Section 6 – Election and Terms of Judges
Judges (other than magistrates) are elected on a nonpartisan basis.
Specifies terms and eligibility for judicial offices.
Section 7 – Judicial Vacancy Appointments
Vacancies are filled by the Governor, with potential judicial nominating commission involvement.
Appointee serves until the next election.
Section 8 – Removal, Discipline, and Retirement
Establishes the Judicial Investigation Commission and Judicial Hearing Board.
Provides for the discipline or removal of judges for misconduct, incapacity, or neglect of duty.
Mandatory retirement at age 75, unless otherwise set by law.
Section 9 – Rule-Making Power
The Supreme Court of Appeals has the power to make rules for all courts (practice, procedure, and administration).
Section 10 – Disqualification of Judges
Judges must disqualify themselves in cases of conflict of interest.
Section 11 – Intermediate Appellate Court (added via amendment)
Reviews appeals from circuit courts and certain administrative agencies.
✅ Summary:
Article VIII creates a hierarchical, unified court system, ensures judicial independence, and sets a framework for the efficient administration of justice in West Virginia. The 1974 rewrite was a major reform that brought modern judicial standards and organization to the state's judiciary.
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