CHARLESTON — Some lawmakers favor the idea of a new midlevel appeals court for West Virginia, but they don’t expect to create one this session.

A study commissioned by Gov. Joe Manchin recently recommended such a court, following criticism of the state’s appeals process by the state Chamber of Commerce and other business groups.

But lawmakers also face a recession-sapped budget. Manchin’s Independent Commission on Judicial Reform estimated it would cost $8.6 million to create a six- to nine-judge intermediate court, and $7.8 million annually to run it.

“It will be $15 million by the time the bureaucrats get done,” Supreme Court Justice Menis Ketchum remarked to the House Finance Committee on Wednesday.

On hand for the court’s budget request, Ketchum echoed other justices in questioning the need for a new court. He instead urged lawmakers to allow time for his court to rewrite its rules for handling appeals.

The court expects the process to take much of this year, at least, and will include a public comment period. Now in their fifth draft, the updated rules will take in every petition appealing a trial court judgment, set a hearing for both sides to argue their case, and then explain all rulings in writing, Ketchum said.

“Am I going to write a 30-page opinion on every case? Ninety percent of the appeals I see are frivolous,” Ketchum told the committee. “So the answer is, ’Hell No.’ But you’ll get a decision on the merits.”

The court and the chamber exchanged dueling open letters last week regarding the right to appeal. The National Center of State Courts and the U.S. Bureau of Justice Statistics both consider West Virginia unique because its sole appeals court allows no automatic appeals.

“Why do we keep talking about what we’re doing now, or what we used to do?” Ketchum asked the committee. “Give us a chance to do our rules. We’re doing what everybody said they want.”

Delegate John Doyle said the court’s own figures reflect one of the heaviest caseloads in the country. That underscores the need for an additional appeals court, the Jefferson County Democrat argued. Ketchum disagreed.

“With the five justices now, we can take every appeal, we can study them and we can do it standing on our heads,” Ketchum said. “You watched the Super Bowl. Hell, I read briefs.”

The Supreme Court received nearly 30,100 petitions during the 10-year period ending in 2008, the latest year for available figures. It accepted just 8,590 of them for hearings and written opinions, the figures show.

Doyle afterward said that while he sees benefits from a new court, he wants to wait on the revamped rules. He also remains concerned about the upcoming budget. House Finance Chairman Harry Keith White said both factors lessen the chances for any bill this session.

“I think there’s support for an intermediate appeals court, but then there’s that big price tag,” White, D-Mingo, said. “The cost is a major issue. I think we should also give them another year or so and see how the new rules work.”

Manchin did not propose a new court this year, but his legislative agenda instead embraces two other recommendations from the judicial study. One would offer public campaign funds to 2012’s Supreme Court candidates. The other would make official the practice of recent governors to appoint a committee to recommend potential nominees for judicial vacancies.

National Video