For Immediate Release
February 15, 2018
Official Statement: Proposed Intermediate Court Unnecessary, a Waste of Tax Dollars
Independent Data Confirms Court Not Needed; Senate Can't Even Confirm Price Tag to Taxpayers
Charleston, W.Va. -- The proposed West Virginia Intermediate Court of Appeals, advanced today with the West Virginia State Senate's passage of SB 341, expands government bureaucracy and wastes our state's limited tax dollars. What is more outrageous is that independent data show that the court isn't needed and do nothing to improve the state’s current judicial system.
"West Virginia is struggling to find money to address the real problems facing this state. This legislature is telling our school teachers, our corrections officers and state employees that we don't have enough money to give them the raises they need to provide for their families. This legislature is not fixing PEIA. We are being crippled by the opioid crisis. We're being told the money is not there for what this state really needs, yet this legislature can find millions to waste on a new intermediate court that we don't need," said Stephen P. New, president-elect of the West Virginia Association for Justice.
"What's worse is that senators admitted on the floor during debate that they aren't even certain about what the final price tag is going to be. Who commits to buying anything without knowing to the penny what the price is going to be?"
"The truth is powerful, out-of-state special interests are demanding this intermediate court as payback for the millions they funneled into this state to help legislative leaders win their elections. Independent data confirms this court is not needed. Appeals have declined more than 60 percent since 1999. The civil cases they cite comprise just 15 percent of the caseload. There were just 184 civil appeals in 2016. That doesn't justify this state spending $10 million."
"The West Virginia Supreme Court changed its rules in 2011 and has not declined a single appeal since that time. Between 2011 - 2015, the Court has increased its number of written opinions to more than 5,000--and increase of more than 700 percent. The National Center for State Courts has confirmed, despite what proponents claim, that automatic right of appeal exists. The intermediate court is not needed."
"The only things this new court is going to accomplish is increase the size of state government, waste millions of our tax dollars, and delay justice for West Virginia consumers, workers and small businesses--and for what? So legislators can appease their billionaire corporate donors. It's wrong . Lawmakers shouldn’t be allowed to play politics with our judicial system or give away our constitutional rights."
Get the Facts!
- West Virginia’s civil case filings have declined more than 10 percent since 2010. According to the National Center for State Courts, there were 4,302 civil cases filed per capita in 2010. The total declined to 3,866 in 2014. (NCSC Court Statistics Project.)
- According to the National Center for State Courts, West Virginia has always been in the bottom 25 percent of states for the number of civil cases filed based on population. In 2010, the last year that data is available for all 50 states and D. C., West Virginia ranked 39th. In contrast surrounding states were: Maryland - 1st, Virginia - 3rd, Ohio - 16th, Kentucky - 22nd, and Pennsylvania - 38th.
- NCSC data show that on average just 3.7 percent of civil cases are tort cases. In West Virginia that’s just 143 cases per capita in 2014. Per capita civil case filings for surrounding states are: Maryland - 611, Kentucky - 179, Ohio - 171, and Pennsylvania - 129.
- Total appeals have declined more than 65 percent, from 3,569 in 1999 to only 1,224 in 2016—a rate four times the national average. (2016 WVSCA Statistical Report)
- There were just 184 civil case appeals in 2016, down from 402 civil appeals in 2004—a decline of more than 54 percent in just 10 years. (2016 WVSCA Statistical Report)
- The out-of-state special interests behind the push for an intermediate court cite the court’s civil caseload, yet civil appeals for tort cases, contract cases and property make up just 15 percent of the Supreme Court’s cases. (2016 WVSCA Statistical Report)
- Appeal by right is guaranteed. Since 2011, the West Virginia Supreme Court has not refused a single appeal. At the same time, it has increased the number of decisions on the merits from just 670 from 2006 - 2010 to 5,003 from 2011 - 2015, an increase of more than 700 percent. (2015 WVSCA Statistical Report)
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