The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties. Different circuits have different numbers of judges; 11 circuits have only a single judge. Effective with the 2024 election, the circuits will be realigned into 30 circuits, with only one having a single judge.[1]
Circuit judges were formerly elected in partisan elections to serve eight-year terms. In 2015, the Legislature changed the law to provide that future elections will be on a non-partisan basis. Judges must have engaged in the practice of law for at least five years. When a vacancy occurs, the governor of West Virginia appoints a judge, who must run in the next election to retain his or her seat. Because of the nature of the state's judicial retirement system, resignations near the end of a judge's term are common if the judge is a member of the same political party as the sitting governor.
The circuit courts have original jurisdiction over:
The circuit courts have original appellate jurisdiction involving:
Until June 30, 2022, the circuit courts had appellate jurisdiction over:
Today, such appeals shall go to the Intermediate Court of Appeals of West Virginia[2]
Appeals from the criminal decisions of circuit courts go the state supreme court, the Supreme Court of Appeals of West Virginia. Civil appeals go first to the Intermediate Court.