THE WEST VIRGINIA STATE BAR
State of the Judiciary Address
Chief Justice Elliott E. Maynard
Charleston, West Virginia
"West Virginia Needs an Intermediate Appellate Court"
You don't have to be a mathematician to figure out that West Virginia needs an
intermediate appellate court. Just look at the Supreme Court of Appeals 1999 Statistical
Report.
Once again, 1999 marked the busiest year in Supreme Court of Appeals history. In 1999,
3,539 petitions were filed. This figure is up 124 from 1998's record total of 3,415, and
more than a 10 percent increase from the previous record in 1991 of 3,180.
As in 1998, the number of petitions filed in 1999 either remained stable or declined in
most categories, except for one. No one should be surprised to learn that category was
workers' compensation. Workers' compensation appeals made up over 65 percent of the total
number of appeals filed in 1999, and set a new record, with a total of 2,306 filings. The
prior high for workers' compensation appeals was 2,067 in 1998.
The Workers' Compensation Mediation Program, which the Supreme Court began in 1998 under
the leadership of then-Chief Justice Robin Jean Davis, has helped address the problem. In
1999, 18 percent of all workers' compensation petitions considered were dismissed or
withdrawn, primarily due to the settlement of 410 cases through the Workers' Compensation
Mediation Program. Although the program has been very successful, it cannot overcome the
pressing need for an intermediate appellate court to address workers' compensation and
other administrative agency appeals.
West Virginia is unique in that is one of only 10 states nationwide without an
intermediate appellate court. We are one of only six states where workers' compensation
cases are appealed directly to a state's highest court from the administrative agency.
None of those states have a caseload comparable in number or character to the cases our
Supreme Court handles. The most recent data from the National Center for State Courts
confirms West Virginia's continued position as the busiest of all comparable courts in the
nation.
Even compared to the highest courts in all states, our Supreme Court is "beset by
incredibly high caseloads," according to the National Center publication, Examining
the Work of State Courts, 1998. The publication ranked West Virginia second in the nation
behind California in the rate of discretionary appeals per judge in courts of last resort,
with 683 appeals per each of West Virginia's five justices. The publication also described
West Virginia as having a "relatively high" appellate filing rate for its
population, with 189 discretionary appeals per 100,000 people.
The need for an intermediate appellate court is not a new concept. The December 1998
Report of the Commission on the Future of the West Virginia Judiciary recommended that the
Legislature create an intermediate appellate court for workers' compensation and other
administrative agency appeals.
According to the Futures' Commission Final Report, "An intermediate appellate court
will provide greater access to litigants, more timely decisions, and the opportunity to
develop a written body of administrative law." I urge you as concerned bar members
and citizens to support the creation of an intermediate appellate court.
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