Supreme Court of Appeals of West Virginia Story Archives

State Supreme Court Will Weigh Cabell County, Huntington Opioid Lawsuit

This year every county in West Virginia, except Cabell County, is set to begin receiving opioid settlement funds, totalling over 400 million dollars from a nearly statewide lawsuit that was won in 2022.

Cabell County, and its largest city, Huntington, decided to bring their own joint lawsuit. They lost that suit in 2022, despite suing with the same claim that was used in successful state and nationwide lawsuits that the pharmaceutical companies had created a “public nuisance.”

This year every county in West Virginia, except Cabell County, is set to begin receiving opioid settlement funds, totaling over 400 million dollars from a nearly statewide lawsuit that was won in 2022.

The judge presiding over the case, U.S. District Judge David Faber, had a narrower interpretation over what constitutes a public nuisance than other judges on previous cases. The city and county appealed the decision.

Now the U.S. 4th Circuit Court of Appeals, which is considering the case, has asked the West Virginia Supreme Court of Appeals to answer a critical question: “Under West Virginia’s common law, can conditions caused by the distribution of a controlled substance constitute a public nuisance and, if so, what are the elements of a public nuisance claim?”

If the Supreme Court determines that those conditions do constitute a public nuisance claim then the case can proceed. Otherwise, the case against the pharmaceutical companies is dead.

Huntington Mayor Steve Williams said the nearly 100 million pills that were distributed to his city of less than 45,000 residents led to thousands of overdose deaths — and he hopes the courts see it that way as well.

“We remain hopeful that the court will find that under West Virginia law,” Williams said. “The City of Huntington and Cabell County had the right to file its claim that distributors of opioids can be held accountable for flooding the market with opioids and the resulting devastation of the opioid epidemic.”

Huntington was one of the hardest hit communities by the opioid epidemic. According to city officials, 1 in 10 residents is currently, or has been addicted to opioids. Williams said he is happy that the effort is still alive, so that the community can continue to heal.

“The reason that we need a settlement is to be able to rebuild and build back our community,” Williams said. “In a way that we can create a level of resilience to be able to overcome the curse that was placed on our community as a result of the greed of those companies.”

West Virginia Public Broadcasting reached out to the three pharmaceutical companies in the lawsuit, AmerisourceBergen, McKesson and Cardinal Health, but did not hear back in time for broadcast.

State Supreme Court’s New Website More Public User Friendly

The Supreme Court of Appeals of West Virginia has launched a new www.courtswv.gov website. In a release, the court noted it’s designed to “enhance the public’s ability to find information about the state court system and its work.”

”We remain committed to transparency in the judicial branch, and the new website offers even more information and a readily accessible format,” Chief Justice Beth Walker said.

Website improvements include a new “latest news” feature on the homepage with information about recent events, as well as important website features.

Information is now organized by user, as well as by topic. There are four icons – Public, Jurors, Attorneys, Media – that include links that those specific groups of users search most often.

There are eight new resource icons with links to the most frequently visited pages: Court Information by County, Court Forms, Supreme Court Opinions, Intermediate Court Opinions, Supreme Court Calendar, Intermediate Court Calendar, E-Filing, and Payments.

The court said the new site will be easier for people to access on mobile phones because the view automatically changes to provide the best user experience possible on each device.

The West Virginia court system launched its first website in 1997 and last redesigned the site in 2011.

State’s Highest Courts Take Arguments To Universities

West Virginia’s highest courts are hitting the road this month as part of Constitution Day events at Concord and Marshall universities.

The Supreme Court of Appeals of West Virginia will hear oral arguments in Huntington at 10 a.m. on Wednesday, Sept. 13, at the Joan C. Edwards Performing Arts Center.

Attendance is free and open to the public; advance registration is requested. The proceedings will also be webcast live on the West Virginia Judiciary YouTube.

The Supreme Court has a tradition of visiting Marshall every few years in mid-September to honor the anniversary of the signing of the U.S. Constitution on Sept. 17, 1787.

“I’m thrilled to bring the court back to the Marshall campus,” Chief Justice Beth Walker said. “Our last visit was in 2019 before COVID-19, so it’s exciting to resume this great tradition coinciding with Constitution Day.”

Marshall University is named for former U.S. Chief Justice John Marshall. He was the longest serving chief justice in court history from 1801 to 1835.

Concord University will host the West Virginia Intermediate Court of Appeals at 10 a.m. on Thursday, Sept. 21, in the Main Theater. The court will hear three arguments.

The event is open to the public and will allow people to see the inner workings of the court and learn about the legal process.

Former Lawmaker, Chief Justice Warren McGraw Has Died

Longtime West Virginia democratic legislator and jurist Warren McGraw, who suffered from Parkinson’s Disease, passed away Wednesday at the age of 84.

This is a developing story and will be updated.

Story updated on June 15, 2023 at 11:43 a.m.

Longtime West Virginia democratic legislator and jurist Warren McGraw, who suffered from Parkinson’s Disease, passed away Wednesday at the age of 84. The brother of former Attorney General Darrell McGraw, he resigned from his position at Wyoming County Circuit Court Judge in May 2021 due to the onset of the disease,

McGraw began his political career in 1968 when he was elected to the West Virginia House of Delegates, serving there until 1972. He was then elected to the West Virginia Senate in 1972, serving three consecutive terms. During his third term, McGraw was then elected (twice) 44th Senate President.

After his service in the West Virginia Legislature, McGraw returned to Wyoming County to practice law where he was elected to the Board of Education in 1986 and later as Prosecuting Attorney in 1996. In 1998 McGraw successfully campaigned for an unexpired six-year term in the West Virginia Supreme Court of Appeals. He served as Chief Justice in 2001.

In 2008 and 2016 McGraw successfully ran for Wyoming County Circuit Court Judge, which he won both times and received over 80 percent of the vote.

Senate President Craig Blair, R-Berkeley, released this statement on the passing of former Senate President and Justice of the Supreme Court of Appeals Warren McGraw:

“Though he may be most remembered for his public service as a Justice of the Supreme Court of Appeals, Justice McGraw proudly served the people of Wyoming County as their Senator, and he never forgot his deep, proud southern West Virginia roots. On behalf of the entire West Virginia Senate, I send my prayers to the family and friends of former Senate President Warren McGraw during their time of sorrow.”

Wyoming County Circuit Court Judge Mike Cochrane said McGraw was a small-town lawyer who went on to big things, but never wavered from his principles.

“He cared about the underprivileged and wanted to make sure that each and every citizen got an equal shot at life,” Cochrane said. “He was very generous with his time and cared about everybody. As a judge, he was very fair and his decisions were always people generated, and in the best interest of justice.”

West Virginia Democratic Party Chair, Del. Mike Pushkin, D-Kanawha, released this statement on McGraw’s legacy.

“Warren McGraw never forgot that a society is measured by how it treats its most vulnerable members. From school board to the state legislature to his time on the Supreme Court, he fought with every ounce of his ability to improve the lives of the poor, and those struggling to make a better life for themselves and for their families. We extend our deepest condolences to his friends and family during this difficult time.”

Cochrane said McGraw was an active U.S. Attorney during the civil rights movements of the1960s and a stalwart of the West Virginia Democratic Party.

“When I was prosecutor, his wall was decorated with pictures of famous people,” Cochrane said. “Robert Kennedy was down here and Judge McGraw took him around the county, probably a month before he was assassinated. He had a picture of Hubert Humphrey, of Jesse Jackson and a couple of Jimmy Carter in there. He was one of the last, of the really, Kennedy-Johnson era type Democrats.”

Outgoing Justice Hutchison On Current W.Va. Judicial System

Hutchison, who has 45 years legal experience, 30 of those served as a judge and two as Chief Justice, reflects on his experience and offers his insight into the current judicial system.

West Virginia Supreme Court of Appeals Justice John Hutchison recently delivered a letter to the court indicating he will not be seeking reelection when his term ends.

Hutchison, who has 45 years legal experience, 30 of those served as a judge and two as Chief Justice, reflects on his experience and offers his insight into the current judicial system.

This story has been lightly edited for clarity.

Yohe: You said in your letter that when you came into the court, the system was coming out of a “very dark place.” What has brought it back into the light?

Hutchison: What’s brought it into the light is the infusion of new blood. With new people, new ideas, changing its direction and becoming more transparent. Not secretive and being willing to communicate with each other, which if you were around back in from about 2015 to 2018, you understood that they didn’t talk to each other at all. there wasn’t good communication. We have been bringing integrity back to the court, making sure that we were responsible not only to the litigants before us, but also responsible to the people of West Virginia and the way we run our third branch of government. We work hard, we listen, we are transparent with how we do things, how we spend our money.

Yohe: To put something in perspective, when we look at the federal level, Supreme Court justices are appointed. In West Virginia, Supreme Court justices run for office. Tell me why that’s better.

Hutchison: It’s better that the citizens of the state of West Virginia decide who are going to be their judges, as opposed to political entities or groups without there being a process where the public is actively involved. People can make arguments that the appointed judges have no loyalties to any other group. Effectively, the federal appointments are for good behavior, meaning that they would have to do something wrong to be removed, otherwise, it’s a lifetime appointment. I think the fact that you’re electing your judges means periodically, you got to answer for what you’ve done. And that’s not really difficult in my mind for judges in the state of West Virginia, because most judges that I know, and all members of the Supreme Court that I know, are willing to stand up and face questions or feedback regarding positions they’ve taken on specific cases. It gives the voting public an opportunity to periodically take a look at who they’ve got representing them in this third branch of government.

Yohe: Establishing the West Virginia Intermediate Court of Appeals was a controversy in West Virginia. Have you seen that it is working?

Hutchison: It’s working well. We have worked very hard to make sure that we made the Intermediate Court of Appeals an organization that could be as effective as it possibly could be. They’re handling a huge number of cases. We organized so that we would have those five remote locations, those locations are being used by litigants, so they don’t have to drive all the way to Charleston to be heard in front of the Intermediate. They’ve only been an operation with active cases since September, and they’ve resolved five or 600 already. Everybody had to get involved to set it up and it’s working great right now.

Yohe: When you look at the overall judicial system in West Virginia from magistrate court on up, is there anything that should be done that is not being done to make it better for the people of West Virginia?

Hutchison: The process of filing cases and going digital It’s something and we’re constantly working on that we’re looking at; we currently have a system in place for the family courts and the circuit courts, we also have the separate system in place for the magistrate courts. We are trying to improve that electronic filing system so that it can be more integrated, and – all three levels of court – magistrate, circuit and family can all be working in the same system. We’re continually working on education programs for all levels of court, to make sure that the individuals who are serving in those positions have all the education, the information, access to programs, that sort of stuff that they need. The legislature has worked with the courts with regard to what we need, in terms of budget, what we need in terms of positions. And that process has gone very, very well and I think has been a benefit and an improvement to the judicial system. So we were and we’re constantly working on education, technology, that sort of stuff to improve access to justice for everybody.

State Supreme Court Rules Against Charter School Challenge

The West Virginia Supreme Court of Appeals ruled Thursday that a suit to stop the creation of five charter schools in the state lacked standing because Gov. Jim Justice does not have the ability to authorize public charter schools.

In late July of 2021, a group sued Justice and legislative leaders Senate President Craig Blair and House Speaker Roger Hanshaw to stop the creation of five charter schools in the state.

Kanawha Circuit Court Judge Jennifer Bailey issued an injunction against Justice while the suit worked its way through court. The West Virginia Supreme Court of Appeals had already held up that injunction, allowing the state’s first charter schools to move forward.

Joshua Weishart, attorney for the plaintiffs in the original suit, said the issue was always about the constitutionality of creating independent schools without a vote.

“This wasn’t an anti-charter school case, this was a case to enforce the right of the people to vote,” he said. “It’s a right to direct democracy, to have a say on the creation of these schools.”

The court’s ruling also specified that an injunction against Justice would not prevent the West Virginia Professional Charter School Board from authorizing public charter schools. The PCSB was created by HB 2012 to oversee charter schools in the state.

In an email Thursday afternoon, Attorney General Patrick Morrisey said the senate president, speaker of the house and governor were not the proper parties to the preliminary injunction sought by the plaintiffs.

“Because of that, the plaintiffs lack the jurisdictional standing necessary to pursue relief in court. Even so, the circuit court enjoined the governor,” he said. “Our office’s efforts and the Supreme Court’s ruling ensure that the government officials are not enjoined when the statutory authority is actually assigned to other state agencies.”

Weishart and his clients still maintain that the state Constitution requires a special election before the creation of an independent charter school, and per the Constitution only the governor can call special elections.

“There was really no claim that we were asserting that they were doing anything unlawful by authorizing a charter school,” he said. “It’s just that there was another step that needed to take place after the authorization, which is to get the voters approval consistent with the constitutional provision.”