Attorneys
Ohio County Commissioner Don Nickerson Finalist for Seat on New West Virginia Appeals Courtroom
NICKERSON
CHARLESTON — Gov. Jim Justice now has several recommendations to choose from for judges for the new West Virginia Intermediate Court of Appeals, including current Ohio County Commissioner Don Nickerson.
The state Judicial Vacancy Advisory Commission released the list Monday of recommendations for the three appointed seats to the ICA.
The JVAC received 29 applications from attorneys and current and former judges in October, meeting Dec. 9 and Dec. 10 to narrow the list down to three recommendations for each of the three seats on the court.
“While the Justices and Court Administrative Staff continues to work on the logistics of the Intermediate Court of Appeals, the Judicial Vacancy Advisory Commission also had the important task of interviewing more than twenty attorneys interested in being judges for the new court,” said Evan Jenkins, chief justice of the West Virginia Supreme Court of Appeals.
“They have done their due diligence and given their recommendations to Governor Justice,” Jenkins continued. “The Governor now has the important task of selecting from this list of candidates to serve on the new court.
“We look forward to working with whomever he appoints.”
While ICA judges will be elected by West Virginia’s registered voters in the future for 10-year terms, the first three judges must be appointed.
Those judges will serve staggered terms, with one term up for election in 2024, one term up in 2026, and one term up in 2028.
Nickerson is one of three nominees, along with former Monongalia County circuit court judge Debra Scudiere, and Putnam County Prosecuting Attorney Mark Sorsaia, for the term up in 2028. The Ohio County commissioner is an attorney at Spillman Thomas & Battle and also serves as the vice president and trust officer for WesBanco Bank and United Bank, Inc. Nickerson has judicial experience, having served as Wheeling’s municipal court judge between 1999 and 2019.
He also worked as fiduciary commissioner in Ohio County between 1999 and 2004. From 1990 to 1992, Nickerson was an assistant attorney general in Ohio and general counsel for the Ohio Department of Natural Resources.
Senate Bill 275, passed by the West Virginia Legislature during the 2021 session, created a three-judge intermediate appeals court between the circuit courts and the Supreme Court. The new court will begin July 1, 2022.
The JVAC recommended former Kanawha circuit court judge Daniel Greear, former Greenbrier County circuit court judge James Rowe, and Huntington attorney Thomas Scarr for the 2 1/2 year term up for election in 2024. Greear was also recommended for the 4 1/2 term up for election in 2026 along with 23rd Circuit Family Court Judge Deanna Rock and Lewisburg attorney Robert Frank.
According to SB 275, the governor can review the recommendations and make appointments from the list provided by the JVAC. If the governor does not make a selection from the recommended names, the JVAC must provide additional names for consideration. The governor’s appointments must be approved by the state Senate. But future ICA judges will be elected with any future vacancies made by gubernatorial appointment.
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