Tuesday, September 30, 2014

Supreme Court will sign all future decisions



The state Supreme Court said Monday it’s no longer going to issue unsigned opinions, a practice that increased beginning in the 1970s.
Justices issued an opinion Monday in a Mercer County murder case and in doing so included information about why from now on they will issue signed opinions on call cases.
Under new rules approved in the last few years, the high court issues both memorandum decisions and signed opinions. The memorandum decisions are usually short and to the point and tell why the justices have or haven’t decided to take up a case. They are unsigned. Every appeal receives a ruling and that process will continue.
In the past, the court has used a method called per curiam decisions, or unsigned opinions, on certain cases, especially opinions based on information that’s already in state law. Chief Justice Robin Davis said Monday unsigned opinions are no longer necessary and whether they are issuing opinions based on existing state law or making a new point of law the opinions will be signed.
Chief Justice Davis said unsigned opinions have been a “misused practice.”
In a separate issue, Tuesday will mark a big day at the Supreme Court. Arguments are scheduled in a case filed by the Kanawha County Republican executive committee and the West Virginia GOP over an open ballot spot in the November general election.
The Republicans claim the state Election Commission erred by allowing Del. Suzette Raines to withdraw her name from the ballot while at the same time saying her reasons weren’t good enough to replace her.
Arguments begin at 10 a.m.