W.Va. Intermediate Court Appointee Withdraws From Position

One of the first appointees to West Virginia’s newly created Intermediate Court of Appeals has decided not to take the position.

Don Nickerson Jr. of Wheeling said that although the position was one that he long desired, he did not want to relocate or bear the cost of traveling to Charleston, which would be required as part of guidelines being crafted for the court, news outlets reported Friday.

The guidelines “imposed an economic hardship which I simply cannot impose upon my family,” Nickerson said.

Nickerson was appointed to the position in December.

Gov. Jim Justice said Friday that another candidate would be chosen quickly. The three-judge court, which will hear appeals of civil judgments from circuit courts, is expected to open July 1.

Previous candidates were selected from a list of recommendations by the West Virginia Judicial Vacancy Advisory Commission.

Nickerson had been appointed for a 6 1/2-year term ending in December 2028. Two other judges are on the court. Thomas Scarr of Barboursville was appointed for a term of 2 1/2 years ending in December 2024 and Dan Greear of South Charleston was appointed for a term of 4 1/2 years ending in December 2026.