CHARLESTON — Senate approval of the unmolested House version shipped it on to Gov. Joe Manchin.

One key supporter hailed it as a potential means for improving the image of West Virginia’s judicial system, often scored in some ratings as “a judicial hellhole.”

Just before the 33-0 approval — marking the first vote ailing Minority Leader Don Caruth, R-Mercer had cast in weeks — Judiciary Chairman Jeffrey Kessler pointed out the bill was a recommendation of Manchin’s special commission on the judiciary.

“The national perception of our court system is that it’s not very fair,” Kessler, D-Marshall

“I think that arises out of complaints out of our business community.”

Kessler preferred to see creation of an intermediate appellate court, “but that didn’t have wings this year.”

“This is probably the next best thing,” he said. “It does give us a special court for business disputes.”

Nothing is mandatory in the bill. Rather the use of chancery court is left to the discretion of the state Supreme Court.

Arresting the attention of Finance Chairman Walt Helmick, D-Pocahontas, was Kessler’s repeated pledge that the bill is saddled with no money.

“I don’t see any money at all,” he told Helmick in his floor explanation. “It’s permissive.”

Circuits with at least 60,000 people would be appointed to handle business matters, Kessler explained.

“Do the judges have adequate time to take on this additional burden, without additional dollars?” Helmick persisted.

Kessler again assured him the task can be done without spending more money.

Helmick reminded him the proposed new budget sets aside $118 million for the high court and he doesn’t want to add another $2 million to cover the chancery court.

“I assume we’re not going to put an additional burden in the legal system as far as dollars are concerned?” the finance chairman said.

“I don’t see that in the bill,” Kessler said.

Kessler said the chancery idea is really an extension of the existing practice of using circuit judges for specialty work, such as juvenile matters.

Besides, he maintained, there could be some dividends.

“If it would change the perception of our state as being a ‘judicial hellhole,’ it might even create additional investment in this state,” he told Helmick.

“So you’ll get some more tax money to spend, senator.”



Caruth has been sidelined most of this session, struggling with a resurgence of brain cancer that appeared more than two years ago.

Toward the end of Wednesday’s floor session, he walked into the chamber and took his seat.

At first, only a few noticed him, but eventually all did and one by one strolled to his desk to shake hands and pat the popular lawmaker on the back.

He has been diagnosed with gliobastoma multiforme, a form of brain cancer, and underwent surgery.

Shortly after the session started, he returned home for additional treatment.



Normally, only an opening prayer is offered to begin Senate proceedings.

Senators came in for a rare treat Wednesday, a stirring rendition of “The Star Spangled Banner.”

The national anthem was sung a capella by Kayla Massie, a senior at Shady Spring High School.