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Opinion: Proposed Intermediate Court will cost W.Va. taxpayers millions

Information Campaign Targets Government Waste, Tells Legislators to Focus on State’s Needs 

Release from West Virginia Consumer Protection Alliance:

CHARLESTON, W.Va. — The West Virginia Consumer Protection Alliance launched a public information campaign today against SB 275, the proposed intermediate court of appeals being considered by the West Virginia Legislature. 

The bill would create an unnecessary new court system and cost state taxpayers millions. 

“An intermediate court would expand state government and waste millions in our limited tax dollars. What is even more outrageous is that West Virginia doesn’t need it.  Case appeals are down by nearly 70 percent over the last two decades.  You don’t make the court system bigger when the case load is in decline,” said Anthony Majestro, chair of the West Virginia Consumer Protection Alliance. 

“That money would be better spent on what West Virginians need.  We need to fix our roads.  We need to fix our schools.  We need to increase funding for services benefiting our children, our seniors and our veterans.  We need to fix the foster care system.  Our state has real problems and real needs–and we don’t have enough money to cover it.  Just this week, the media reported that we could be facing a $100 million budget deficit.  We don’t need to be wasting money on an intermediate court we don’t need.” 

“West Virginia citizens need to contact their legislators.  If money is going to be spent, spend it so that it benefits West Virginians.  That means more black top, not more black robes.  Legislators need to reject SB 275, the proposed intermediate court. View the Consumer Protection Alliance ad at https://youtu.be/A9jpK3kFcGE 

Get the Facts

— One in five states does not have an active intermediate court.

  • West Virginia and eight other states have no intermediate court             
  • The North Dakota Boondoggle: The North Dakota legislature established that state’s intermediate court in 1987.  In 33 years, that court has heard of total of just 37 cases.  It has not heard a single appeal since 2007. 

— Total appeals have declined by nearly 70 percent, from 3,569 in 1999 to only 1,139 in 2018.  Appeals have declined at a rate four times the national average. (2018 WVSCA Statistical Report)   

— There were just 155 civil case appeals in 2018, down from 402 civil appeals in 2004—a decline of more than 60 percent. 

— 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 13 percent of the Supreme Court’s cases.    

— 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)   

The Consumer Protection Alliance is a nonpartisan public education and grassroots advocacy organization committed to protecting you, your family and your access to our civil justice system.  Our civil courts not only guard your personal and financial safety, but also your constitutional rights. 

The Consumer Protection Alliance educates lawmakers and voters on the importance of our civil justice system and right to trial by jury.  It advocates for the passage of critical legislation that protects your access to the courts, insurance reform and other consumer protection issues, while working to defeat legislation that restricts your rights and limits your ability to hold wrongdoers who harm you accountable.

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