HB 2028 West Virginia House of Delegates · 2025 Regular Session

Relating to granting the Intermediate Court of Appeals jurisdiction to hear certified questions

HB 2028 would amend West Virginia law to grant the Intermediate Court of Appeals (ICA) jurisdiction to rule on "certified questions" about whether state statutes, rules, or executive orders are constitutional. This allows parties in circuit court cases to request the ICA to quickly answer constitutional questions within 60 days of the issue being raised, by filing a written motion with a concise statement of the question and their proposed answer. The ICA would then provide a timely ruling, streamlining resolution of state-wide legal concerns that arise during lower court proceedings. This change updates the ICA's authority under existing court jurisdiction rules, specifically adding certified constitutional questions to its review scope.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Feb 12, 2025
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Committee
2
Feb 12, 2025
Committee
To House Judiciary
lower
Feb 12, 2025
Introduced
Introduced in House
lower
Feb 12, 2025
Committee
To Judiciary
lower
1 primary · 0 co-sponsors

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P
Photo of Jim Butler
Jim Butler
RRepublican
WV
18