West Virginia
West Virginia’s highest court is the Supreme Court of Appeals of West Virginia. The court has four justices and one chief justice, who is chosen for a one-year term by the members of the court. (Source: Supreme Court of Appeals)
Judicial Selection
West Virginia Supreme Court justices are selected for 12-year terms through a nonpartisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through nonpartisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate from a list provided by a judicial nominating commission. The appointed justice holds office until West Virginia’s next general election. The elected justice serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
West Virginia has had two state constitutions adopted in 1863 and 1872. As of January 1, 2026, it had 76 amendments. (Data on file with John Dinan, Wake Forest University.)
The West Virginia Constitution: Mountaineers Are Always Free
Filters
How Courts Evaluate Election Day Requests to Keep Polls Open Late
Various factors, including the harm to voters and the option for tailored and limited relief, play into whether judges will allow voting to continue past the scheduled closing time.
State Courts Offer Protection Against Pregnancy Discrimination
Courts in almost two dozen states have rejected the U.S. Supreme Court’s reasoning that discrimination based on pregnancy is not sex discrimination.
How Are State Judges Selected?
Thirty-eight states use elections as part of their system for choosing high court judges.
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
State Courts Interpret the Meaning of Public Education
The Kentucky Supreme Court’s decision striking down the state’s charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.