The foundation noted in its criticism of the state court system:

• procedural unfairness;
• deviation from traditional tort principles;
• home-court advantage that impairs out-of-state businesses’ ability for a fair trial; relationships between plaintiffs and members of the executive and judicial branches; and
• a lack of an intermediate appellate court were all black eyes on the state’s courts.

The report also included West Virginia in its “Points of Light” for its progress to change the judicial climate. It noted that Gov. Joe Manchin created the Independent Commission on Judicial Reform to consider “broad systematic reforms,” including establishment of an intermediate appellate court.

Retired Justice Sandra Day O’Connor served as honorary chair of the nine-member commission. Carte Goodwin, former general counsel for Manchin, chaired the commission.

The commission recommended the formation of an intermediate appellate court that would allow the appeal of lower court decisions.

According to the ATRF report, “The commissioners deserve a great deal of credit for the thoughtful road map they have provided to West Virginia policymakers, judges or enact ballot referenda to address particular problems.”

Goodwin said he does not place a lot of value on the ATRF judicial system report, but he does believe the facts it noted regarding an appellate state court are important.

“By our state Supreme Court’s own words, we have the busiest appeal court in the nation, and even states with smaller caseloads have put in appellate courts to help with caseloads,” Goodwin said. “An appellate court is warranted.”

Legal reform will be a hot button issue during the 2010 legislative session, and Goodwin said lawmakers have a lot on their plate.

“I hope they have reasonable finances and time to focus on the recommendations the commission gave and possibly make some positive changes to the state’s judicial service,” Goodwin said.

Richie Heath, executive director of West Virginia Citizens Against Lawsuit Abuse, said the report was both good and bad for the state. It shows the state still has a lot of work to do.

“We still need nonpartisan judge elections; we need predictability in law interpretation, and there is still not an ability of a guarantee to out-of-state businesses to defend errors made in low courts,” Heath said.

“They just want the right to be heard and not made to believe the law is insignificant.”

South Florida was deemed the top judicial hellhole for 2009, followed by West Virginia, Cook County, Ill., Atlantic City, N.J., New Mexico’s Appellate Courts and New York City.

This year’s report featured a quote from Ohio County Circuit Court Judge Arthur Recht on the inside cover.

“West Virginia was a ‘field of dreams’ for plaintiff lawyers. WE built it, and they came,” he said.

The pressure will now be on lawmakers to tear that field down.

To see the ATRF’s full report, go to the ATRA Web site.