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, 2024, it had 75 amendments. (Source: John Dinan, 2024)
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To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.
Advice for Law Students From State Supreme Court Justices
As the school year kicks off, eight justices reflect on what they wish someone had told them when they were in law school.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.