West Virginia Circuit Courts
Encyclopedia
The West Virginia Circuit Courts are the West Virginia
state trial court
s 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. Different circuits have different numbers of judges; 11 circuits have only a single judge.
Circuit judges are elected in partisan elections to serve eight-year terms. Judges must have engaged in the practice of law
for at least five years. When a vacancy occurs, the governor of West Virginia appoints a judge, who must run in the next election to retain his or her seat.
The circuit courts have original jurisdiction
over:
The circuit courts have original appellate jurisdiction
involving:
Appeals from the decisions of circuit courts go the state supreme court
, the Supreme Court of Appeals of 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...
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...
. They are the only state trial courts in West Virginia that are courts of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties. Different circuits have different numbers of judges; 11 circuits have only a single judge.
Circuit judges are elected in partisan elections to serve eight-year terms. Judges must have engaged in the practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
for at least five years. When a vacancy occurs, the governor of West Virginia appoints a judge, who must run in the next election to retain his or her seat.
The circuit courts have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
over:
- All civilCivil law (common law)Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
cases with an amount in controversyAmount in controversyAmount in controversy is a term used in United States civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the...
in excess of $300 - All civil cases in equity
- WritWritIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
s of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, mandamusMandamusA writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, quo warrantoQuo warrantoQuo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
, prohibition, and certiorariCertiorariCertiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare... - All feloniesFelonyA felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
and misdemeanorMisdemeanorA misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s
The circuit courts have original appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
involving:
- AppealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s from magistrate court and municipal court (lower state courts of limited jurisdictionLimited jurisdictionLimited jurisdiction, or special jurisdiction, is the courts' jurisdiction only on certain types of cases such as bankruptcy, family matters, etc....
) - Appeals from the decisions of administrative agencies (excluding workers' compensationWorkers' compensationWorkers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence...
appeals) - Appeals of family courtFamily courtA family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
decisions, unless both parties agree to appeal directly to the Supreme Court of Appeals
Appeals from the decisions of circuit courts go 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 ....
, the Supreme Court of Appeals of West Virginia
Supreme Court of Appeals of West Virginia
The Supreme Court of Appeals of West Virginia is the state supreme court of West Virginia, the highest of West Virginia's state courts. It is located in the state capital, Charleston....
.
List of judicial circuits
- First - HancockHancock County, West VirginiaAs of the census of 2000, there were 32,667 people, 13,678 households, and 9,506 families residing in the county. The population density was 394 people per square mile . There were 14,728 housing units at an average density of 178 per square mile...
, BrookeBrooke County, West VirginiaAs of the census of 2000, there were 25,447 people, 10,396 households, and 7,152 families residing in the county. The population density was 286 people per square mile . There were 11,150 housing units at an average density of 126 per square mile...
and OhioOhio County, West VirginiaAs of the census of 2000, there were 47,427 people, 19,733 households, and 12,155 families residing in the county. The population density was 447 people per square mile . There were 22,166 housing units at an average density of 209 per square mile...
counties (four judges) - Second - MarshallMarshall County, West VirginiaAs of the census of 2000, there were 35,519 people, 14,207 households, and 10,101 families residing in the county. The population density was 116 people per square mile . There were 15,814 housing units at an average density of 52 per square mile...
, WetzelWetzel County, West VirginiaAs of the census of 2000, there were 17,693 people, 7,164 households, and 5,079 families residing in the county. The population density was 49 people per square mile . There were 8,313 housing units at an average density of 23 per square mile...
and Tyler counties (two judges) - Third - RitchieRitchie County, West VirginiaAs of the census of 2000, there were 10,343 people, 4,184 households, and 2,999 families residing in the county. The population density was 23 people per square mile . There were 5,513 housing units at an average density of 12 per square mile...
, DoddridgeDoddridge County, West VirginiaAs of the census of 2000, there were 7,403 people, 2,845 households, and 2,102 families residing in the county. The population density was 23 people per square mile . There were 3,661 housing units at an average density of 11 per square mile...
, and PleasantsPleasants County, West VirginiaAs of the census of 2000, there were 7,514 people, 2,887 households, and 2,136 families residing in the county. The population density was 58 people per square mile . There were 3,214 housing units at an average density of 25 per square mile...
counties (one judge) - Four - WoodWood County, West VirginiaAs of the census of 2000, there were 87,986 people, 36,275 households, and 24,884 families residing in the county. The population density was 240 people per square mile . There were 39,785 housing units at an average density of 108 per square mile...
and WirtWirt County, West VirginiaAs of the census of 2000, there were 5,873 people, 2,284 households, and 1,699 families residing in the county. The population density was 25 people per square mile . There were 3,266 housing units at an average density of 14 per square mile...
counties (three judges) - Fifth - CalhounCalhoun County, West VirginiaAs of the census of 2000, there were 7,582 people, 3,071 households, and 2,201 families residing in the county. The population density was 27 people per square mile . There were 3,848 housing units at an average density of 14 per square mile...
, Jackson, MasonMason County, West VirginiaAs of the census of 2000, there were 25,957 people, 10,587 households, and 7,569 families residing in the county. The population density was 60 people per square mile . There were 12,056 housing units at an average density of 28 per square mile...
and RoaneRoane County, West VirginiaAs of the census of 2000, there were 15,446 people, 6,161 households, and 4,479 families residing in the county. The population density was 32 people per square mile . There were 7,360 housing units at an average density of 15 per square mile...
counties (two judges) - Sixth - Cabell CountyCabell County, West VirginiaAs of the census of 2000, there were 96,784 people, 41,180 households, and 25,490 families residing in the county. The population density was 344 people per square mile . There were 45,615 housing units at an average density of 162 per square mile...
(four judges) - Seventh - Logan CountyLogan County, West VirginiaAs 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...
(two judges) - Eighth - McDowell CountyMcDowell County, West VirginiaMcDowell 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...
(two judges) - Ninth - Mercer CountyMercer County, West Virginia-External links:* * * * * * *...
(three judges) - Tenth - Raleigh CountyRaleigh County, West VirginiaAs of the census of 2000, there were 79,220 people, 31,793 households, and 22,096 families residing in the county. The population density was 130 people per square mile . There were 35,678 housing units at an average density of 59 per square mile...
(three judges) - Eleventh - GreenbrierGreenbrier County, West VirginiaAs of the census of 2000, there were 34,453 people, 14,571 households, and 9,922 families residing in the county. The population density was 34 people per square mile . There were 17,644 housing units at an average density of 17 per square mile...
and PocahontasPocahontas County, West VirginiaAs of the census of 2000, there were 9,131 people, 835 households, and 527 families residing in the county. The population density was 10 people per square mile . There were 7,594 housing units at an average density of 8 per square mile...
counties (two judges) - Twelfth - Fayette CountyFayette County, West VirginiaAs of the census of 2000, there were 47,579 people, 18,945 households, and 13,128 families residing in the county. The population density was 72 people per square mile . There were 21,616 housing units at an average density of 33 per square mile...
(two judges) - Thirteenth - Kanawha CountyKanawha County, West VirginiaAs 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...
(seven judges) - Fourteenth - Braxton, ClayClay County, West Virginia-External links:***...
, GilmerGilmer County, West VirginiaAs of the census of 2000, there were 7,160 people, 2,768 households, and 1,862 families residing in the county. The population density was 21 people per square mile . There were 3,621 housing units at an average density of 11 per square mile...
, and Webster counties (two judges) - Fifteenth - Harrison CountyHarrison County, West VirginiaAs of the census of 2000, there were 68,652 people, 27,867 households, and 19,088 families residing in the county. The population density was 165 people per square mile . There were 31,112 housing units at an average density of 75 per square mile...
(three judges) - Sixteenth - Marion CountyMarion County, West Virginia| style="float:right;"|As of the census of 2000, there were 56,598 people, 23,652 households, and 15,515 families residing in the county. The population density was 183 people per square mile . There were 26,660 housing units at an average density of 86 per square mile...
(two judges) - Seventeenth - Monongalia CountyMonongalia County, West VirginiaAs of the census of 2000, there were 81,866 people, 33,446 households, and 18,495 families residing in the county. The population density was 227 people per square mile . There were 36,695 housing units at an average density of 102 per square mile...
(three judges) - Eighteenth - Preston CountyPreston County, West VirginiaAs of the census of 2000, there were 29,334 people, 11,544 households, and 8,357 families residing in the county. The population density was 45 people per square mile . There were 13,444 housing units at an average density of 21 per square mile...
(one judge) - Nineteenth - BarbourBarbour County, West VirginiaAs of the census of 2000, there are 15,557 people, 6,123 households, and 4,365 families residing in the county. The population density is 46 people per square mile . There are 7,348 housing units at an average density of 22 per square mile...
and TaylorTaylor County, West VirginiaAs of the census of 2000, there were 16,089 people, 6,320 households, and 4,487 families residing in the county. The population density was 93 people per square mile . There were 7,125 housing units at an average density of 41 per square mile...
counties (one judge) - Twentieth - Randolph CountyRandolph County, West VirginiaAs of the census of 2000, there were 28,262 people, 11,072 households, and 7,661 families residing in the county. The population density was 27 people per square mile . There were 13,478 housing units at an average density of 13 per square mile...
(one judges) - Twenty-First - GrantGrant County, West VirginiaAs of the census of 2000, there were 11,299 people, 4,591 households, and 3,273 families residing in the county. The population density was 24 people per square mile . There were 6,105 housing units at an average density of 13 per square mile...
, MineralMineral County, West VirginiaMineral County is a county located in the U.S. state of West Virginia. It is part of the Cumberland, MD-WV Metropolitan Statistical Area. As of 2010, the population was 28,212. Its county seat is Keyser.-Ancient history:...
and TuckerTucker County, West VirginiaAs of the census of 2000, there were 7,321 people, 3,052 households, and 2,121 families residing in the county. The population density was 18 people per square mile . There were 4,634 housing units at an average density of 11 per square mile...
counties (two judges) - Twenty-Second - HampshireHampshire County, West VirginiaHampshire County is a county located in the U.S. state of West Virginia. As of 2010, the population was 23,964. Its county seat is Romney, West Virginia's oldest town . Hampshire County was created by the Virginia General Assembly on December 13, 1753, from parts of Frederick and Augusta counties ...
, HardyHardy County, West VirginiaAs of the census of 2000, there were 12,669 people, 5,204 households, and 3,564 families residing in the county. The population density was 22 people per square mile . There were 7,115 housing units at an average density of 12 per square mile...
and PendletonPendleton County, West VirginiaAs of the census of 2000, there were 8,196 people, 3,350 households, and 2,355 families residing in the county. The population density was 12 people per square mile . There were 5,102 housing units at an average density of 7 per square mile...
counties (two judges) - Twenty-Third - BerkeleyBerkeley County, West VirginiaBerkeley County is a county located in the Eastern Panhandle region of the U.S. state of West Virginia. As of 2010, the population is 104,169, making it the second-most populous county in West Virginia, behind Kanawha...
, JeffersonJefferson County, West VirginiaJefferson County is a county located in the U.S. state of West Virginia. As of 2010, the population was 53,498. Its county seat is Charles Town...
and MorganMorgan County, West VirginiaMorgan County is a county located in the U.S. state of West Virginia. As of 2010, it's population was 17,541. Its county seat is Berkeley Springs. The county is one of three in Hagerstown-Martinsburg, MD-WV Metropolitan Statistical Area...
counties (five judges) - Twenty-Fourth - Wayne CountyWayne County, West VirginiaAs of the census of 2000, there were 42,903 people, 17,239 households, and 12,653 families residing in the county. The population density was 85 people per square mile . There were 19,107 housing units at an average density of 38 per square mile...
(two judges) - Twenty-Fifth - BooneBoone County, West VirginiaAs 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...
and LincolnLincoln County, West VirginiaAs of the census of 2000, there were 22,108 people, 8,664 households, and 6,532 families residing in the county. The population density was 50 people per square mile . There were 9,846 housing units at an average density of 22 per square mile...
counties (two judges) - Twenty-Sixth - LewisLewis County, West VirginiaAs of the census of 2000, there were 16,919 people, 6,946 households, and 4,806 families residing in the county. The population density was 44 people per square mile . There were 7,944 housing units at an average density of 21 per square mile...
and UpshurUpshur County, West VirginiaAs of the census of 2000, there were 23,404 people, 8,972 households, and 6,352 families residing in the county. The population density was 66 people per square mile . There were 10,751 housing units at an average density of 30 per square mile...
counties (one judge) - Twenty-Seventh - Wyoming CountyWyoming County, West VirginiaWyoming 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...
(one judge) - Twenty-Eighth - Nicholas County (one judge)
- Twenty-Ninth - Putnam CountyPutnam County, West VirginiaAs of the census of 2000, there were 51,589 people, 20,028 households, and 15,281 families residing in the county. The population density was 149 people per square mile . There were 21,621 housing units at an average density of 62 per square mile...
(two judges) - Thirtieth - Mingo CountyMingo County, West VirginiaAs 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...
(one judge) - Thirty-First - MonroeMonroe County, West VirginiaAs of the census of 2000, there were 14,583 people, 5,447 households, and 3,883 families residing in the county. The population density was 31 people per square mile . There were 7,267 housing units at an average density of 15 per square mile...
and SummersSummers County, West VirginiaSummers County is a county located in the U.S. state of West Virginia. As of the 2010 census, the population was 13,927. Its county seat is Hinton. Summers County was created by an act of the West Virginia General Assembly on February 27, 1871 from parts of Fayette, Greenbrier, Mercer and Monroe...
counties (one judge)