West Virginia Governor Announces First Appointees to New Intermediate Court of Appeals

By: Amy M. Smith

Published: January 3, 2022

West Virginia Governor Jim Justice appointed Thomas E. Scarr of Huntington, Daniel W. Greear of Charleston, and Donald A. Nickerson, Jr. of Wheeling to staggered terms on the newly-created West Virginia Intermediate Court of Appeals on December 28, 2021. Mr. Scarr’s term will run two and one-half years, Mr. Greear’s term will run four and one-half years, and Mr. Nickerson’s terms will run six and one-half years.

Governor Justice described the appointments as “an incredible step for our state that reflects the values of West Virginians and continues to make West Virginia more and more business friendly,” noting that he has “always tried to champion judicial reform in West Virginia.”

The U.S. Chamber of Commerce, West Virginia Chamber of Commerce, and other business leaders have issued statements congratulating the appointees and thanking Governor Justice, the West Virginia Legislature, and the outgoing West Virginia Supreme Court of Appeals Chief Justice, Evan Jenkins, for, in the words of the U.S. Chamber’s Institute for Legal Reform, taking the state “one step closer to having a court that will help bring additional balance and fairness to its legal environment.”

The incoming Supreme Court of Appeals Chief Justice, John Hutchison, said in a statement that “[he] look[s] forward to working closely with each of the new judges as we set up the operations of West Virginia’s first Intermediate Court of Appeals.”

The West Virginia Senate must confirm the three newly appointed judges. Once the confirmation process is complete, the judges will assume their duties by July 1, 2022.

The appointments were made with the assistance of the Judicial Vacancy Advisory Commission, which is Chaired by Steptoe & Johnson’s immediate past CEO Susan S. Brewer.

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