CHARLESTON -- When Gov. Joe Manchin III delivered his State of the State address Jan. 13, he outlined several initiatives he planned to push during the 2010 legislative session, including what he called "groundwork" for legal reform.

"Whether justified or not, West Virginia is fighting an unfair perception of an unfair judicial system," Manchin said in the address.

The American Tort Reform Association consistently has named West Virginia a Judicial Hellhole in annual reports highlighting notorious judicial systems in the country. West Virginia was named the No. 2 Judicial Hellhole for 2009.

Manchin said he plans to introduce bills based on recommendations made by the Independent Commission on Judicial Reform. He created the commission to consider "broad systematic reforms" in the state's judicial system.

Bills stemming from the commission's recommendation include a public campaign financing pilot program for two open seats on the state Supreme Court of Appeals and establishing a judicial advisory committee to help the governor select circuit court judges.

Manchin said the public financing program would relieve judges of the burden of campaign fundraising.

"This will reduce the appearance of bias," Manchin said, explaining public money will be available for both primary and general elections.

Senate Judiciary Committee chairman Jeff Kessler, D-Marshall, introduced a similar public finance option during last year's legislative session. That bill was voted down.

Kessler said he is confident the bill will pass this session.

"We have the governor's support, and some others that may not have been on board last session are supportive of some kind of measure this time. So I think some kind of measure will pass," Kessler said.

Manchin said a judicial advisory committee will ensure only the highest-qualified individuals will be considered for appointment and enhance transparency in the selection process.

According to Manchin, about half of the state's circuit judges currently serving were appointed.

West Virginia Association for Justice president Timothy C. Bailey was a member of the governor's judicial reform commission. Bailey said the two areas Manchin addressed were good ideas the commission recommended.

"We (the commission) stated those were good ideas, and we hope the pilot program happens," Bailey said.

Manchin also announced the Supreme Court will issue rule changes intended to assure full appellate review by court on all final decisions on merit issues made by lower circuit courts.

"This is a remarkable development, and we should commend the members of the Supreme Court for taking this action to move our state forward," Manchin said during the address.

Supreme Court clerk Rory Perry said the court has been studying the state's appellate process and ways to improve it. He said the rule changes are still in the deliberative stages and won't likely be ready for public comment for several weeks.

"This will make sure there is a more clear and better compliance as appeals come into the door," Perry said. "This will give more transparency in the appeal process in decisions based on merit."

West Virginia has been criticized for its lack of an intermediate appellate court. However, several members of the legal community estimated creating and implementing an appellate court would cost West Virginia $8 million to $9 million.

Bailey said he hoped the rule changes would take care of what he called unfounded criticisms of the appellate process. He said he would be especially supportive of the changes if it does not cost the state a lot of money.

"If the Supreme Court can do it with rule changes instead of finances then I am all for it," Bailey said.

Kessler said he is waiting on the Supreme Court to make the rule changes public before forming a concrete opinion. He said the state's Supreme Court docket is one of the busiest in the country, and an intermediate appellate court may alleviate some of the burden.

"If it alleviates workload and ill perception, then the price tag is still a drop in the bucket compared to the perceptions," Kessler said.

Richie Heath, executive director of West Virginia Citizens Against Lawsuit Abuse, said some lawmakers are using the potential cost of an intermediate court as a good reason to not form it. But he said lawmakers should consider how much not forming the court could cost the state.

"Our state has one of the heaviest dockets in the country, and now it appears the Supreme Court will be taking on more appeals," Heath said.

"I am disappointed the main recommendation made by the commission is being stunted."