In advance of next month’s General Election, The Register-Herald invited all candidates on the ballot for U.S. Senator, U.S. House of Representatives, Governor, State Supreme Court, Attorney General and Agriculture Commissioner to appear before our editorial board. During the next several days we will feature those in-depth interviews. Today’s candidate is Republican Allen Loughry running for the West Virginia Supreme Court.
Adding an intermediate appellate court is often discussed/debated in West Virginia. What do you consider some of the pros and cons of an intermediate appellate court?
Loughry: I’ve always been in favor of an intermediate appellate court. I was in favor of an intermediate appellate court before it was popular to be in favor of an intermediate appellate court. I think that this court will allow for a more in-depth review of more complicated cases; and, at the end of the day, I believe it will provide more stability for the court system as a whole.
The argument against the intermediate appellate court seems to come down to money. What an intermediate appellate court is, is not an easy answer. A lot of this comes from the Legislature, in fact, all of this will come from the Legislature, but they should work very closely with the judicial branch in developing an intermediate appellate court. What needs to be determined is what types of cases will be reviewed by such a court. Does an intermediate appellate court also include Worker’s Compensation cases? Does it also include criminal appeals? Does it only deal with civil appeals? So there are a lot of issues with such a court, but I’m in favor of it. In fact, I would like to see two divisions — a northern division and a southern division — for that court.