West Virginia

Judicial system

The highest court in West Virginia, the supreme court of appeals, has five justices, including the chief justice, elected for 12-year terms. The court has broad discretionary appellate jurisdiction in both civil and criminal cases, and original jurisdiction in certain other cases.

West Virginia's general trial court is the circuit court, with 156 judges in 1999. Each circuit serves from one to four counties and has jurisdiction over civil cases in amounts that exceed $300 and criminal cases. Circuit courts also have jurisdiction over juveniles, domestic relations, and certain administrative appeals. Family law specialists conduct most domestic relations hearings.

Local courts include the county magistrate and municipal courts. Magistrate courts have original jurisdiction in criminal matters but may not convict or sentence in felony cases. All judges down to the magistrate level are popularly elected by partisan ballot. Municipal, police, or mayor's courts have authority to enforce municipal ordinances; unlike other courts, these are not part of the unified court system. Appeals from municipal and magistrate courts are to circuit courts, and from circuit courts are to the supreme court.

As of June 2001, there were 4,130 prisoners in state or federal correctional facilities, an increase of 8.7% over the previous year. The state's incarceration rate stood at 225 per 100,000 inhabitants.

In 2001, West Virginia's crime rate was 2,559.5 per 100,000 persons, including a total of 5,035 violent crimes and 41,085 crimes against property in that year. The state abolished the death penalty in 1965.