West Virginia Code 3-10-3A December 25, 2022 Page 1 of 2 3-10-3A WEST VIRGINIA CODE: 3-10-3A 3-10-3a. All other meetings of the commission are exempt from 6-9A-1 et seq. Copied to clipboard The Intermediate Court of Appeals was signed into law on April 9, 2021, after passing the 2021 regular legislative session. Charleston, West Virginia: Gov. Both must be submitted to: Judicial Vacancy Advisory Commission, c/o Manda Bickoff, Office of the Governor, 1900 Kanawha Boulevard, East, Charleston, West Virginia 25305., Banner Images Courtesy of the West Virginia Department of Commerce, Application for Thirteenth Judicial Circuit vacancy. Your e-mail address will be used to confirm your account. 2022 West Virginia Court System - Supreme Court of Appeals. Apply today! Interns wanted: Get paid to help ensure that every voter has unbiased election information. (j) The commission shall submit its list of the most qualified persons to the Governor in alphabetical order. (f) The commission shall adopt written policies that formalize and standardize all operating procedures and ethical practices of its members, including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies, and soliciting public comment on judicial vacancies. They will offer in-person and teleconference options. The commission also has three ex officio members and selects its own chair. The deadline to submit a question is April 1, 2021. 1900 Kanawha Boulevard, East . A memorandum may accompany the list of the most qualified persons and state facts concerning each of the persons listed. 1 (a) The Judicial Vacancy Advisory Commission shall assist the Governor in filling judicial 2 vacancies. [1], The commission must submit two to five names to the governor within 90 days either of a vacancy occurring or of the judge's submission of a letter to the governor announcing their resignation. A judge or the Administrative Director of the Courts may, by written request to the Commission, seek an advisory opinion as to whether certain specific actions contemplated may constitute a violation of the Code of Judicial Conduct. JVAC@wv.gov, or by mail, addressed to: Judicial Vacancy Advisory Commission . Intermediate Court of Appeals judges may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of his or her duties as a judicial officer. Vacancies will be filled by appointment from the Governor, with the help of the Judicial Vacancy Advisory Commission. All rights reserved. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (1) (A) On or before January 1, 2022, the Judicial Vacancy Advisory Commission, established pursuant to 3-10-3a of this code, shall publish notice of the judicial vacancies for the Intermediate Court of Appeals and begin accepting applications from qualified individuals for the position of Judge of the Intermediate Court of Appeals. Jenkins. Charleston, WV 25305, Office Phone: Public members of the commission may not be licensed to practice law in West Virginia or any other jurisdiction. 304.558.2000 or 1.888.438.2731, Banner Images Courtesy of the West Virginia Department of Commerce, Applications now open for West Virginia Intermediate Court of Appeals. Article 8 section 7 of the West Virginia Constitution gives the governor the authority to appoint justices and judges when . c/o Office of General Counsel to the Governor . Click #isupportlocal for more information on supporting our local journalists. Charleston, West Virginia 25304 (304)558-0169 (304)558-0831 FAX Office hours are Monday through Friday from 8 a.m. to 5 p.m. Filing a Complaint Complaint Form Any person may file an ethics complaint against a judge. "[1], The commission must make applications, letters of recommendation for applicants, and its list of most qualified applicants available to the public. The commission shall make copies of any list of the most qualified persons and accompanying memoranda it submits to the Governor available for public inspection. On Tuesday, the commission released the names of 17 applicants who applied. WV 25701 (304 . Im beyond excited to get started, and am committed to working hard each day for the residents and businesses of Charleston a city my wife and I love., Evening headlines from the Charleston Gazette-Mail, The latest in travel and recreation around West Virginia, The daily opinion newsletter from the Charleston Gazette-Mail. [1], The law states that the commission must adopt written policies that standardize "all operating procedures and ethical practices of its members, including, but not limited to, procedures for training commission members, publishing notice of judicial vacancies, recruiting qualified individuals for consideration by the commission, receiving applications from qualified individuals, notifying the public of judicial vacancies, notifying state or local groups and organizations of judicial vacancies, and soliciting public comment on judicial vacancies. All decisions on whether probable cause exists to refer the complaint to the Judicial Hearing Board and all decisions to dismiss complaints are made at meetings with a majority of the members in attendance. The Commission also must file an annual report with the Supreme Court of Appeals on the operation of the Commission and inform the public about the existence and operation of the judicial disciplinary system, the filing of formal charges, and the discipline imposed or recommended. 1415 0 obj <>stream 29-36-3. Candidates must submit their completed applications by no later than 5:00 p.m. on December 3, 2013. Huntington attorney Thomas E. Scarr to a term CHARLESTON, W.Va. - On Monday, the Judicial Vacancy Advisory Commission recommended names for each term on the new West Virginia Intermediate Court of Appeals and submitted them to Gov. 2. What types of cases will be heard. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Fourth Circuit Court of Appeals U.S. District Court: Northern District of West Virginia, Southern District of West Virginia U.S. Bankruptcy Court: Northern District of West Virginia, Southern District of West Virginia, Supreme Court of Appeals of West Virginia While at the firm, his work included representation of plaintiffs and defendants, as well as insurers and other business entities. (j) The commission shall submit its list of the most qualified persons to the Governor in alphabetical order. The commission shall make copies of any list of the most qualified persons and accompanying memoranda it submits to the Governor available for public inspection. The commission has eight members appointed by the governor. The law states the following in this case:[1], [I]f the number of congressional districts in the state is reduced to two, then no more than four appointed members of the commission may be residents of the same congressional district: Provided, however, That the members appointed to, and serving on, the commission prior to the date on which the number of congressional districts in the state is reduced to two are not disqualified from service for the remainder of the members term based on the residency requirements of this subdivision. (c) (1) No more than two appointed members of the commission may be residents of the same state senatorial district, as provided in 1-2-1 of this code, at the time of appointment: Provided, That the members appointed to, and serving on, the commission prior to the enactment of this subdivision are not disqualified from service for the remainder of the members term based on the residency requirements of this subdivision. The judges were sworn in the first week of May. (a) The Judicial Vacancy Advisory Commission shall assist the Governor in filling judicial vacancies. The Second Family Court Circuit serves Marshall,. (a) The Judicial Vacancy Advisory Commission shall assist the Governor in filling judicial vacancies. Four members must be attorneys chosen from a list provided by the Board of Governors of the West Virginia State Bar. Officials say if youre applying for this vacancy and also applied for the previous Thirteenth Judicial Circuit vacancy (filled in February 2021),a letter of interest with any changes that may have occurred since the last submission will be accepted in place of a full application. The Supreme Court of Appeals of West Virginia established the Judicial Investigation Commission to determine whether probable cause exists to formally charge a judge with a violation of the Code of Judicial Conduct, to govern the ethical conduct of judges and to determine if a judge, because of advancing years and attendant physical and mental incapacity, should not continue to serve. [1], No more than four of those eight commission members may be from the same political party. (2) No more than three appointed members of the commission may be residents of the same congressional district: Provided, That, if the number of congressional districts in the state is reduced to two, then no more than four appointed members of the commission may be residents of the same congressional district: Provided, however, That the members appointed to, and serving on, the commission prior to the date on which the number of congressional districts in the state is reduced to two are not disqualified from service for the remainder of the members term based on the residency requirements of this subdivision. The commission shall hold at least one organizational meeting upon the occurrence of a judicial vacancy. Note: WV Code updated with legislation passed through the, DIVISION OF REGULATORY AND FISCAL AFFAIRS. One Judge of the Intermediate Court of Appeals shall be chosen Chief Judge in a manner determined by the Supreme Court. Applications and letters of recommendation will not be considered if received after the deadlines outlined above. hb```f`` @qB`pqj6^m\xam~0aMc State Capitol . The commission shall meet and submit a list of no more than five nor less than two of The commission shall meet and submit a list of no more than five nor less than The Governor shall appoint attorney members from a list of nominees provided by the Board of Governors of the West Virginia State Bar. dbuU`` yiVWJUuq) Subscribe today. All Rights Reserved. The Governor will appoint three judges for terms of: (1) Two-and-one-half years, concluding on Dec.31, 2024; (2) Four-and-one-half years, concluding on Dec.31, 2026; and. (2) No more than three appointed members of the commission may be residents of the same congressional district: Provided, That, if the number of congressional districts in the state is reduced to two, then no more than four appointed members of the commission may be residents of the same congressional district: Provided, however, That the members appointed to, and serving on, the commission prior to the date on which the number of congressional districts in the state is reduced to two are not disqualified from service for the remainder of the members term based on the residency requirements of this subdivision. The commission shall choose one of its appointed members to serve as chair for a three-year term. These appointees were confirmed by the West Virginia Senate. The Commission may render in writing such advisory opinion as it may deem appropriate. The Governors Office shall cooperate with the commission to ensure that all resources necessary to carrying out the official duties of the commission are provided, including staff assistance, equipment, and materials. The commission is responsible for reviewing and evaluating candidates for possible appointment to the Intermediate Court of Appeals by the Governor. Some complaints contain more than one allegation against a judge, and the Commission may dismiss part of a complaint and find probable cause on part of a complaint. Must devote full time to the Intermediate Court of Appeals and must resign if they become a candidate or pre-candidate for any other office. The Judicial Vacancy Advisory Commission is a relatively new institution. (d) The Governor, or his or her designee, the President of the West Virginia State Bar, and the Dean of the West Virginia University College of Law shall serve as ex officio members of the commission.
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