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West Virginia was admitted to the union on June 20, 1863, and its present constitution was ratified in 1872, though in 1880 the legislature rewrote the entire judicial article, which was accepted by voters.

The key event in the West Virginia courts occurred on Nov. 5, 1974, however, when voters ratified a new Judicial Reorganization Amendment, which took effect on Jan. 1, 1976. That amendment ended the old justice of the peace system and established a unified judicial system whereby all courts in the state – except municipal courts – were a single system, supervised and administrated by the Supreme Court of Appeals of West Virginia.

The legislation created three “layers” of courts in the West Virginia system, the supreme, circuit and magistrate courts. Family courts were added to the mix on Jan. 1, 2002, after voters passed their approval in November of 2000.

West Virginia Supreme Court 

The Supreme Court of Appeals of West Virginia is the state’s highest court and its court of last resort. Its role is perhaps larger than the supreme courts of most states; West Virginia today is one of only 10 states that has only a single appellate court, that being a primary function of its Supreme Court. (Other state courts in West Virginia do sometimes exercise appellate jurisdiction over courts below them.) 

Five Supreme Court justices hear appeals of decisions over all matters decided in Circuit Court, from criminal convictions affirmed on appeal when they rose from Magistrate Court, to appeals of decisions made by state and local administrative agencies. Worker’s compensation appeals go directly to the Supreme Court, and justices also hear appeals of decisions made in Family Court if both parties agree that they do not wish to appeal to Circuit Court first.

Justices also have extraordinary writ powers and original jurisdiction in proceedings of habeas corpus, mandamus, prohibition and certiorari. They interpret the laws and constitutions of both West Virginia and the United States. Their jurisdiction over appeals is entirely discretionary – the justices do not have to accept a case on appeal.

Arguments to the Supreme Court are presented by attorneys, without witnesses, juries and testimony. The justices hear oral arguments and review the prior records of the case, plus any new briefs filed by attorneys, and then render their decision, known as an opinion.

The court is seated for two terms each year, the first beginning on the second Tuesday in January and ending in July, and the second beginning on the first Wednesday in September and ending in December. Even when not in session, justices can consider emergency business brought before the court.

The Supreme Court’s powers are administrative, as well. The court has adopted a Code of Judicial Conduct, Rules for Admission to the Practice of Law in West Virginia, Rules of Professional Conduct by attorneys and judges in the state, Rules for Judicial Disciplinary Procedure, and Rules of Lawyer Disciplinary Procedure.

The court sits in the capital city of Charleston, but is able to travel and convene in other cities if it chooses.

The five justices are elected in partisan races to serve 12-year terms. The chief justice is a one-year term served on a rotating basis, based on seniority. In 2007, the chief justice is Robin Jean Davis. 

The Supreme Court’s Web site is well-stocked with information, including the court’s calendar and docket and a database of its opinions. 

West Virginia Circuit Courts 

The Circuit Court venues are West Virginia’s only general jurisdiction trial courts of record. 

These courts have jurisdiction over all civil cases at law valued at more than $300, all civil cases of equity, proceedings in habeas corpus, mandamus, quo warranto, prohibition and certiorari, and all felonies and misdemeanors. The Circuit Court venues also hear appeals from Magistrate Court, Municipal Court and administrative agencies, except for worker’s compensation appeals. 

Circuit Court also hears appeals of Family Court decisions unless both parties agree to appeal directly to the Supreme Court of Appeals of West Virginia. 

The state’s 55 counties are divided into 31 Circuit Court districts employing 65 circuit judges. The circuits range in size and composition from a one-county district with seven judges to a group of 11 counties with just one judge. Each county, however, has a courthouse where the judge presides. Circuit judges are elected in partisan races to serve eight-year terms. 

West Virginia Family Court

New for the 21^st century, West Virginia Family Court commenced on Jan. 1, 2002. A total of 35 Family Court judges serve 26 Family Court circuits across the state. These judges hear cases involving divorce, marriage annulment, separate maintenance, family support, paternity, child custody and visitation. Family Court judges also conduct final hearings in domestic violence cases.

Appeals of Family Court decisions are directed to Circuit Court unless both parties agree to instead appeal directly to the Supreme Court of Appeals.

The state’s map of Family Court circuits will change effective Jan. 1, 2009. Those new circuits are available in printable map form in preparation for the switch.

An 18-page brochure in PDF form called “Going to Family Court in West Virginia” is also available online, as are the names and contact information for Supreme Court-approved Family Court mediators.

West Virginia Mental Hygiene System

West Virginia maintains what it calls the Mental Hygiene System to further the best interests of those West Virginians who require the court’s intervention for mental health reasons.

“Mental hygiene commissioners” are lawyers who preside over the hearings on involuntary hospitalization, guardianship and conservatorship of these individuals. There is at least one mental hygiene commissioner in each of West Virginia’s 31 court circuits. 

West Virginia Juvenile System 

Among other duties, West Virginia’s “juvenile referees” hold detention hearings when a child is arrested or otherwise taken into custody.

 West Virginia has two full-time and one part-time judicial referees serving Kanawha, Cabell and Wayne counties. In most counties, however, local magistrates serve as the juvenile referees. 

West Virginia Magistrate Courts

 While they manage trial courts of limited jurisdiction, there are nonetheless 158 magistrates statewide, and their courtrooms stay busy, with at least two and up to 10 magistrates serving in every county.

Magistrates issue arrest and search warrants, hear misdemeanor cases, conduct preliminary examinations in felony cases and hear civil cases where the amount in question is valued at $5,000 or less. Magistrates also issue emergency protective orders in cases involving domestic violence

Appeals of the magistrates’ decisions are advanced to Circuit Court.

West Virginia magistrates run for office in partisan elections, and serve four-year terms. They do not have to be lawyers. Circuit judges make appointments to fill any vacancies, then the appointee must run in the next election to retain his post. 

West Virginia Municipal Courts 

West Virginia communities of all sizes can maintain their own municipal courts, whose jurisdiction is constitutionally limited to cases involving violations of local ordinances. 

The municipal courts are administered locally. Because of the smaller size and limited nature of these courts, their online presence can vary widely from location to location.

The West Virginia Municipal League has announced the establishment of the West Virginia Association of Municipal Judges. A map of the state’s municipalities and townships also is available through the Municipal League.

West Virginia Specialty Courts

 There are several types of specialty courts operating within the confines of West Virginia. These tend to serve local interests that are unique to specific areas or communities. They include: 

• Cabell County Juvenile Drug Court: A diversion program seeking to divert nonviolent juvenile offenders suffering from alcohol or substance abuse into an individualized treatment program rather than prosecuting them traditionally.
• Monongalia County Magistrate Court Mediation Program: This effort assigns selected cases to be mediated out of court rather than litigated; it has become a permanent aspect of the Monongalia County Magistrate Court and there is some hope and interest that the program will be adopted by other counties.
• Teen Court: Three community-based programs exist in Marion, Mercer and Monongalia counties, bringing juvenile offenders into a court environment where their peers act as prosecutor, defense council and jurors.
• Northern Panhandle Mental Health Court Diversion Program: Opened on Oct. 1, 2003, the program was initially funded through a two-year federal grant; it operates in circuit and magistrate courts of Brooke, Hancock, Ohio and Marshall counties, attempting to guide offenders with mental health issues through a program of therapy rather simply punishing them.

United States District Court - Northern District of West Virginia

United States District Court - Southern District of West Virginia

United States District Court - Southern District of West Virginia

United States Bankruptcy Court - Northern District of West Virginia

West Virginia Self-Help - Self-Help guide for people choosing to handle their own case in court.

West Virginia Circuit Courts - Discussion of circuit court jurisdictions.

West Virginia Family Courts - Handles issues involving divorces, family support, custody of children and visitation.

West Virginia Magistrates - Magistrates are responsible for arrests and search warrants.  They may also hear misdemeanor cases.

West Virginia Municipal Courts - Municipal courts are limited to the areas that they serve and handle only city ordinance issues.