In West Virginia the Supreme Court of Appeals is the highest state court. The West Virginia Constitution allows for the creation of an intermediate appellate court; nonetheless one has not yet been created. The Supreme Court currently provides review of the lower trial courts (Circuit Courts). The Supreme Court of Appeals consists of five Justices. A majority of the Justices of the Court constitute sa quorum for the transaction of business. The Justices of the Court are elected by the voters for a term of twelve years. The election of such Justices is held on a partisan or nonpartisan basis as prescribed by law. As enumerated in Article VIII, Section 3 of the West Virginia Constitution, the Supreme Court has appellate jurisdiction to hear appeals of decisions over all matters decided in Circuit Courts, including criminal convictions affirmed on appeal from magistrates and appeals from administrative agencies. Appeals from workers compensation cases are appealed directly to the Supreme Court from the administrative agencies. The Supreme Court also hears appeals of decisions decided in Family Court if both parties agree that they will not appeal directly to the Circuit Court. The Supreme Court has extraordinary writ powers and original jurisdiction in proceedings of habeas corpus, quo warranto, mandamus, prohibition, and certiorari. The Court’s appellate jurisdiction is entirely discretionary. It may either grant or refuse review of any case.
West Virginia Courts Website: http://www.state.wv.us/wvsca/Supreme.htm