Gov. Jim Justice made a wise choice Tuesday when he named Ohio County resident Don Nickerson as one of three judges to serve on the new West Virginia Intermediate Court of Appeals.
Not only does Justice's appointment of Nickerson place a very well qualified jurist on the panel -- he served for nearly two decades as Wheeling's Municipal Court judge -- but it also gives representation from the Northern Panhandle on a statewide court, and can help to alleviate concerns many in this area have that state officials essentially ignore everything outside of Charleston.
Nickerson will join Huntington attorney Thomas Scarr and former Kanawha County circuit court judge Dan Greear on the new court as Justice's appointments. Nickerson will serve a six and one-half year term before that seat comes up for election in 2028. Scarr's term lasts until 2024, while Greear's ends in 2026.
The Intermediate Court of Appeals will hear noncriminal appeals of circuit court cases, family court cases and guardianships and conservatorships, appeals of administrative law judge decisions and final orders and decisions by the state Health Care Authority. The intermediate court also replaces the Workers' Compensation Office of Administrative Judges with a Workers' Compensation Board of Review, from where decisions can be appealed to the intermediate court.
Nickerson said, following his appointment, that it's always been his goal to serve on a statewide court. "When I was in law school, I worked for a federal court of appeals judge," Nickerson said. "So I have sort of a flavor of what an appeals court is like.
"I've wanted to do it ever since then. I've always liked the academic side of the law, which is what an appeals court judge deals with."
The judicial appointment means that Nickerson, at some point in the coming months, will have to resign his seat as an Ohio County commissioner, with a new commissioner to be appointed until an election can be held.
We believe Nickerson will serve West Virginia well in his new role, and wish him the best as he prepares to help launch the new Intermediate Court of Appeals.