The Senate Committee met on Monday afternoon to continue discussion over Senate Bill 266 which was held over from last Friday, Jan. 25.
The bill would create an Intermediate Court of Appeals for the state of West Virginia, and would have limited jurisdiction over what cases the Court could hear.
The Committee heard arguments for and against the bill over the course of the meeting. Evan Jenkins, West Virginia State Supreme Court Justice, was in attendance to represent the Court. He provided information of the case load status of the Court. Justice Jenkins went on to add that the Supreme Court was now caught up from the cases on hold from 2018 after the Impeachment hearings.
Mark Hayes, Vice President of the West Virginia Defense Trial Counsel, spoke to the Committee in favor of the bill. Hayes argued than adding an appellate court would provide more opinions that could be used as precedent.
Anthony Majestro, President of the West Virginia Association for Justice, spoke to the Committee in opposition of the bill. Majestro argued adding and appellate court would slow down the appellate process even longer than it already is.
After more discussion and deliberation, Senator Clements, Wetzel – R, proposed a conceptual amendment that cases involving surface/mineral rights of land owners with oil and gas companies goes directly to the Supreme Court instead of the proposed Intermediate Court. The proposed amendment passed 13 to 4, and was added to the bill.
The Committee approved the bill, and was referred to the Senate Committee on Finance.
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