The Register-Herald, Beckley, West Virginia

Editorials

March 6, 2010

Right to appeal

Last week, the state Supreme Court declined to intervene in a case involving a high school cheerleading team.

Tolsia High School claimed it was unfairly punished when a cheerleading stunt that was deemed illegal knocked the team out of state competition. A Wayne County circuit judge agreed and issued an injunction that would allow Tolsia to compete.

The state Secondary School Activities Commission wanted the Supreme Court to overturn the injunction, but the high court refused to hear the case.

Was it a landmark case? No. Was it an important case? Outside Wayne County, probably not. It didn’t involve a multimillion-dollar civil judgment or a criminal case resulting in a life prison sentence.

But it points to a bigger issue.

For much of the current legislative session, a bill to establish an intermediate appellate court in West Virginia drew much attention.

Supporters said the creation of such a court would improve the state’s business climate by guaranteeing an automatic right of appeal and give lower court rulings a more thorough review. Under the current system, they said, those who want to appeal can petition the Supreme Court. The court then accepts or rejects the petition, but no explanation is given if the request is rejected.

The high court itself opposed the creation of a new court. And other opponents cited the costs of establishing another level in the judicial system.

Last Tuesday, two days before the Tolsia decision was announced, the Senate Finance Committee rejected the intermediate appellate court legislation.

Sen. Jesse Guills, R-Greenbrier, who pushed for defeat of the bill, said he believes supporters have a point, but he wants to give the Supreme Court a chance to make changes before lawmakers get involved.

“We’ve been given assurances by Supreme Court Justice (Robin) Davis that the Supreme Court is going to give this serious consideration, and I think that opportunity should be given,” Guills said.

One of the changes the high court is expected to make would require it to provide more thorough explanations for its decisions.

We’re not sure the Supreme Court will go far enough, however. But this is its chance. If the justices do not adequately address the issue, and promptly, then the Legislature needs to intervene.

Everyone, regardless of the case, should have the basic right to appeal, and if an appeal is denied, the appellant deserves a written opinion as to why.

West Virginia needs to remain progressive in its efforts to clean up its legal image. The five high court justices can choose to lead or be led. The ball is in their court, so to speak.

But significant changes must be made, no matter who makes them.

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