Law and government of West Virginia - AbsoluteAstronomy.com

The capital and seat of government in West Virginia

West Virginia

West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...

is the city of Charleston

Charleston, West Virginia

Charleston is the capital and largest city of the U.S. state of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 census, it has a population of 51,400, and its metropolitan area 304,214. It is the county seat of Kanawha County.Early...

, located in the southwest area of the state.

Legislative branch

Like all states except Nebraska

Nebraska

Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....

, West Virginia has a bicameral

Bicameralism

In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....

state legislature

State legislature

In the United States of America, a state legislature is a generic term referring to the legislative body of any of the country's 50 states. The formal name varies from state to state. In 24 states, the legislature is simply called the "Legislature", or the "State Legislature", while in 19 states,...

, the West Virginia Legislature

West Virginia Legislature

The West Virginia Legislature is the state legislature of the U.S. state of West Virginia. A bicameral legislative body, the Legislature is split between the upper Senate and the lower House of Delegates. It was established under Article VI of the West Virginia Constitution following the state's...

. The lower house

Lower house

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

is the West Virginia House of Delegates

West Virginia House of Delegates

The West Virginia House of Delegates is the lower house of the West Virginia Legislature. Only three states—Maryland, Virginia, and West Virginia—refer to their lower house as the House of Delegates.-Historical:-Current:-District organization:...

and the upper house

Upper house

An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

is the Senate

West Virginia Senate

The West Virginia Senate is the upper house of the West Virginia Legislature.There are 17 senatorial districts. Each district has two senators who serve staggered four-year terms....

. The West Virginia Legislature is a citizen's legislature or part-time legislature.

The West Vrignia Constitution imposes a limit of 60 calendar days the length of the regular session. Regular sessions of the Legislature commence on the second Wednesday of January of each year; following the election of a new governor, the session starts in January with the governor's address but then adjourns until February. The session may be extended by concurrent resolution

Concurrent resolution

A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive.-United States Congress:...

adopted by a two-thirds vote of each house. The governor may also call legislators to convene in special session

Special session

In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year , such as outlining the government's budget for the next fiscal year, biennium, or other period...

s whenever the governor deems one or more issues of state government in need of timely action by the Legislature. The final day of the regular session usually includes last-minute legislation in order to meet a constitutionally-imposed deadline of midnight. Legislators usually do not make it a full-time occupation, but frequently hold a full-time job in their community of residence. This differs from neighboring states such as Pennsylvania

Pennsylvania

The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...

and Ohio

Ohio

Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...

, who have professional full-time legislatures.

The House of Delegates has 100 members. All Delegates are elected to two-year terms and are up for election in even-numbered years, elected from 58 districts that elect a varying number of members. A majority of these (35 districts) are single-member districts, while a lesser number (23 districts) are multi-member districts that elect from two to seven delegates. The district with the most delegates is the 30th District in Kanawha County

Kanawha County, West Virginia

As of the census of 2000, there were 200,073 people, 86,226 households, and 55,960 families residing in the county. The population density was 222 people per square mile . There were 93,788 housing units at an average density of 104 per square mile...

, which elects seven Delegates. The Senate has 34 members, elected to four-year terms staggered so that half the Senate is up for election every even-numbered year.

Executive branch

The chief executive of West Virginia is the governor of West Virginia, who is elected to a four-year term at the same time as presidential elections

United States presidential election

Elections for President and Vice President of the United States are indirect elections in which voters cast ballots for a slate of electors of the U.S. Electoral College, who in turn directly elect the President and Vice President...

. The governor is sworn in the January following the November election. A governor may only serve two consecutive terms. A governor may run for a third term, but an interceding election must occur. Democrat

Democratic Party (United States)

The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

Earl Ray Tomblin

Earl Ray Tomblin is an American politician who serves as the 35th and current Governor of West Virginia. Tomblin is a member of the Democratic Party. Tomblin has served as President of the West Virginia State Senate for over 16 years. He became Acting Governor in 2010 following Joe Manchin's...

has been the acting governor since November 15, 2010.

In addition to the governor, there are five other directly elected executive offices:

Secretary of State of West Virginia
Secretary of State of West Virginia
The Secretary of State of West Virginia is one of the elected constitutional officers of the U.S. state of West Virginia.The current Secretary of State, Natalie Tennant , was elected in November 2008 and assumed the office in January 2009....

(currently Democrat Natalie Tennant
Natalie Tennant
Natalie E. Tennant is the Secretary of State of West Virginia. She was elected in 2008 and officially took office as the 29th Secretary of State on January 19, 2009...

)
West Virginia Attorney General (currently Democrat Darrell McGraw
Darrell McGraw
Darrell Vivian McGraw, Jr. is an American Democratic politician. He is the brother of former West Virginia State Supreme Court Justice and state Senate President Warren McGraw....

)
West Virginia Commissioner of Agriculture (currently Democrat Gus R. Douglass)
Auditor (currently Democrat Glen Gainer)
Treasurer (currently Democrat John Purdue)

Regular elections are held concurrently with the election for governor every four years, but unlike the governor these offices have no term limits.

Judicial branch

The state trial court

Trial court

A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...

s of general jurisdiction

General jurisdiction

A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth.-Courts of general jurisdiction in the United States:All federal courts are courts of limited jurisdiction. Many U.S...

are the West Virginia Circuit Courts

West Virginia Circuit Courts

The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties...

, There are 31 judicial circuits, each made up of one or more counties, with a total of 70 Circuit Judges. Domestic cases are handled by Family Courts. There are 27 Family Court Circuits with a total of 45 judges. Local judges are elected in partisan elections to serve eight-year terms on a partisan basis. Small claims and midemeanor case are heard by magistrates elected for four years, with between two and ten in each county, based on population. Magistrates are not lawyers.

The West Virginia Supreme Court of Appeals is the state supreme court

State supreme court

In the United States, the state supreme court is the highest state court in the state court system ....

. It purports itself to be the busiest appellate court of its type in the United States, in part because West Virginia is one of only 11 states to not have an intermediate appellate court

Appellate court

An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...

. (The West Virginia Constitution

West Virginia Constitution

The Constitution of the State of West Virginia is the supreme law of the U.S. State of West Virginia. It expresses the rights of the State's citizens and provides the framework for the organization of law and government. The state's founding document was ratified in 1862, a year before the state...

allows for the creation of an intermediate court of appeals, but the Legislature has never done so). The Supreme Court of Appeals has five justices. Justices must have practiced law for at least ten years. The five justices are elected in partisan elections to 12-year terms. The current justices are Justice Brent Benjamin, Justice Robin Davis

Robin Davis

Robin Jean Davis is an American jurist currently serving as a justice of the Supreme Court of Appeals of West Virginia. In 1996, Davis was appointed by Governor Gaston Caperton to replace Justice Franklin Cleckley. In 1996, she was elected to fill the unexpired term and was re-elected to a full...

, Justice Margaret Workman

Margaret Workman

Margaret Lee Workman, a Democrat, is the Chief Justice of the Supreme Court of Appeals of West Virginia. In West Virginia, the status of Chief Justice, by tradition, rotates between the justices annually and is mainly an administrative post....

, Justice Thomas E. McHugh, and Justice Menis Ketchum

Menis Ketchum

Menis E. Ketchum II is a justice on the Supreme Court of Appeals of West Virginia. He was elected as a Democrat to a twelve-year term on the Court in November 2008.-Background:...

. By tradition, the position of "Chief Justice" rotates yearly. It primiraly brings extra administrative duties.

Political history

From the 1930s through the 1990s, West Virginia's politics were largely dominated by the Democratic Party, and Democrats still dominate most local and state offices. West Virginia also has a very strong tradition of trade union

Trade union

A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

membership.

In presidential elections, the state's electoral votes went to Democratic tradition by supporting Democrat Bill Clinton

Bill Clinton

William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

in 1992 and 1996, who won the state by large margins, but the state's five electoral votes went to George W. Bush

George W. Bush

George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....

in 2000 and 2004 (when Bush won by 13 percentage points) and to John McCain

John McCain

John Sidney McCain III is the senior United States Senator from Arizona. He was the Republican nominee for president in the 2008 United States election....

in 2008.

The most consistent support for Democrats is found in the coal fields of southern West Virginia

Southern West Virginia

Southern West Virginia is a culturally and geographically distinct region in the U.S. state of West Virginia. Generally considered the heart of Appalachia, Southern West Virginia is known for its coal mining heritage and southern affinity...

(especially McDowell

McDowell County, West Virginia

McDowell County is a county in the U.S. state of West Virginia. The land that became McDowell was originally part of Tazewell County, Virginia. As of the 2010 census, the population was 22,113. Its county seat is Welch. McDowell county is the southern-most county in the state, geographically...

, Mingo

Mingo County, West Virginia

As of the census of 2000, there were 28,253 people, 11,303 households, and 8,217 families residing in the county. The population density was 67 people per square mile . There were 12,898 housing units at an average density of 30 per square mile...

, Logan

Logan County, West Virginia

As of the census of 2000, there were 37,710 people, 14,880 households, and 10,936 families residing in the county. The population density was 83 people per square mile . There were 16,807 housing units at an average density of 37 per square mile...

, Wyoming

Wyoming County, West Virginia

Wyoming County is a county located in the U.S. state of West Virginia. As of the 2010 census, the population was 23,796. Its county seat is Pineville. Wyoming County was created in 1850 from Logan County and named for the Delaware Indian word meaning "large plains."-Geography:According to the U.S...

, and Boone

Boone County, West Virginia

As of the census of 2000, there were 25,535 people, 10,291 households, and 7,460 families residing in the county. The population density was 51 people per square mile . There were 11,575 housing units at an average density of 23 per square mile...

counties), while Republicans

Republican Party (United States)

The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

find greatest success to the east of the Allegheny Mountains

Allegheny Mountains

The Allegheny Mountain Range , also spelled Alleghany, Allegany and, informally, the Alleghenies, is part of the vast Appalachian Mountain Range of the eastern United States and Canada...

, especially in the state's Eastern Panhandle

Eastern Panhandle of West Virginia

The Eastern Panhandle of West Virginia is a narrow stretch of territory in the northeast of the state, bordering Maryland and Virginia, United States. The Eastern Panhandle Board of Realtors and other local civic organizations consider only the three Easternmost counties, Jefferson, Berkeley and...

, and in the suburbs near Charleston and Huntington.

Local government

As in Virginia, the county is the unit of government, although an unsuccessful attempt to introduce the township

Civil township

A civil township is a widely used unit of local government in the United States, subordinate to, and geographic divisions of, a county. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both,...

system was made in West Virginia's first constitution.

Each of the state's 55 counties have a county commission, consisting of three commissioners elected for six years but with terms so arranged that one retires every two years, which is the legislative and fiscal authority. The county commissions were originally called county courts before legal reform stripped the commissions of their judicial powers in 1976. The county commission still retains the judicial function as the probate

Probate

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...

court, however.

Other officers are the County Clerk, whose primary duties are as recorder of deeds

Recorder of deeds

Recorder of deeds is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.-Background:...

and voter's registrar; and a Circuit Clerk, who records acts of the Family and Circuit courts, both elected for six year terms on a partisan basis; the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

, who has law enforcement and tax collection authority; the Prosecuting Attorney, who must be a lawyer and who not only handles criminal cases buy also does the civil litigation for the county; an Assessor (the Constitution provides for a possibility of two, but no county has ever adopted that system), who determines the value of land for tax purposes and a surveyor of lands. All of the non-clerk jobs are elected on a partisan basis for four year terms. The sheriff is term limited to two consecutive terms. In addition, there are boards appointed or elected by various authorities and charged with specific duties. They include the local board of health and the board of jury commissioners.

There is also a Board of Education, which is elected on a non-partisan basis, consisting of five members elected with overlapping terms similar to the county commission.

External links

State of West Virginia Government