West Virginia Supreme Court Story Archives - West Virginia Public Broadcasting

Cabell Parks, Libraries Funding Cut After High Court Decision

Parks and libraries in Cabell County can now have their budgets cut dramatically after a decision from the state supreme court.

Last summer, the Cabell County Board of Education announced plans to cut the funding the county parks and libraries receive from the Board of Education Excess Levy by $2 million.

This decision came from a unanimous vote from the county board.

Lawsuits eventually made it to the state Supreme Court of Appeals. The high court issued a decision Thursday in favor of the board of education.

The library system said losing $1.5 million from a $4 million budget would be catastrophic. The parks commission said losing a half million from its budget would require looking at cutting park offerings and free events.

In 1967, the state legislature added funding for the Cabell County Public Library System onto the school levy. In 1983, they added funding for the Greater Huntington Parks and Recreation District to that same levy.

A Cabell County School Board representative said in August that the end of COVID-19 funding along with declining enrollment and rising costs made the school board prioritize levy money for the students.

The education excess levy is up for election every five years. It will come before voters in the May primary election this year.

Future Of Pleasants Power Station And Remembering A State Supreme Court Justice, This West Virginia Morning

On this West Virginia Morning, a company called Omnis Technologies has stepped forward as a potential buyer of the Pleasants Power Station, which is currently not producing any electricity. Curtis Tate speaks with Sean O’Leary, senior researcher on energy and petrochemicals at the Ohio River Valley Institute, about the proposal.

On this West Virginia Morning, a company called Omnis Technologies has stepped forward as a potential buyer of the Pleasants Power Station, which is currently not producing any electricity. The company proposes to fuel the plant with hydrogen. Curtis Tate speaks with Sean O’Leary, senior researcher on energy and petrochemicals at the Ohio River Valley Institute, about the proposal, which he said leaves more questions than answers.

Also, in this show, a longtime legislator and state Supreme Court Chief Justice has died. Randy Yohe reports on the democratic stalwart’s life and legacy.

And, our Mountain Stage Song of the Week comes to us from Texas music legend Robert Earl Keen, who joined us on his final tour in July 2022. We listen to Keen’s performance of “I’m Coming Home.”

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Concord University and Shepherd University.

Our Appalachia Health News project is made possible with support from CAMC and Marshall Health.

West Virginia Morning is produced with help from Eric Douglas, Bill Lynch, Caroline MacGregor, Liz McCormick, Emily Rice. Chris Schultz, Curtis Tate, and Randy Yohe.

Eric Douglas is our news director. Caroline MacGregor is our assistant news director and producer.

Teresa Wills is our host.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

W.Va. Magistrate Court Fines, Fees Can Now Be Paid Online

Payments can be made through a portal developed by the state Supreme Court's administrative office and West Virginia Interactive. Individuals can enter their case number and pay the amount owed with a credit or debit card without having to physically visit a court office, the Supreme Court said in a news release.

Fines, fees and costs accrued in West Virginia magistrate courts can now be paid online.

Payments can be made through a portal developed by the state Supreme Court’s administrative office and West Virginia Interactive. Individuals can enter their case number and pay the amount owed with a credit or debit card without having to physically visit a court office, the Supreme Court said in a news release.

There is a $2 fee for each transaction, which covers the cost of creating and operating the payment system.

“The online payment system will make it easier for West Virginians to pay their fines and court costs,” Chief Justice John Hutchison said. “Magistrate court funds many important things, including community corrections, law enforcement training, court security, courthouse improvements, and the per diem regional jail fee.”

State Supreme Court Upholds Suspension Of Miner Who Took CBD Product

The state Office of Miners’ Health, Safety and Training had suspended Bobby Beavers in 2020 after he tested positive for THC, a psychoactive chemical found in marijuana.

The West Virginia Supreme Court has upheld the suspension of a coal miner who took a CBD sleep aid.

The state Office of Miners’ Health, Safety and Training had suspended Bobby Beavers in 2020 after he tested positive for THC, a psychoactive chemical found in marijuana.

Beavers had not smoked marijuana, but had taken an over-the-counter CBD sleep aid at the direction of a pharmacist. Drug testing does not distinguish CBD products from THC.

State law requires a miner to be suspended for a minimum of six months after failing a drug test.

Beavers appealed the state’s ruling, and a Kanawha Circuit Court judge ruled in his favor.

The Supreme Court sided with the state last week.

The Supreme Court found that Beavers did not follow the proper process for challenging his suspension.

Chief Justice John Hutchison dissented, saying the state had deprived Beavers of due process.

Supreme Court Justice Evan Jenkins To Resign

West Virginia Supreme Court Justice Evan Jenkins announced his resignation this afternoon.

Jenkins told Gov. Jim Justice in a letter Friday that he’s stepping down from the court as of Sunday. Jenkins told the governor he’s returning to private practice.

Justice appointed Jenkins to the Court in 2018, and he was elected to a full term that expires in 2024.

The Judicial Vacancy Advisory Commission will fill the vacancy, and voters will have the chance to elect a new justice.

Jenkins was previously a member of the U.S. House of Representatives from West Virginia and also served in both the state Senate and House of Delegates.

Jenkins, of Huntington, was West Virginia’s chief justice in 2021.

Before his appointment to the court in 2018, Jenkins ran in the Republican primary for the U.S. Senate. Attorney General Patrick Morrisey beat Jenkins and former Massey Energy CEO Don Blankenship.

Courts Expanding Safety, Access Project To Ohio County

A new program launched by West Virginia’s Supreme Court that uses technology to promote safety and access in cases involving sexual assault and domestic violence is expanding to Ohio County, officials said.

The new system allows victims of domestic violence and sexual assault to file petitions for protective orders without going to a courthouse. Officials plan to test it Wednesday in Judge Heather Wood’s courtroom in Wheeling, a statement from the Supreme Court said. The system is expected to be operational in Ohio County beginning on Oct. 4.

Ohio County is the second community to pilot the program, which was introduced last month in Cabell County as a way to address safety concerns. The only option before the program was for victims to appear in person at the courthouse.

“This new system will provide an option to victims to help keep them safe from the people they allege assaulted them. We also are ensuring every person’s constitutional rights are protected,” Chief Justice Evan Jenkins said.