West Virginia Code

W. Va. Code § 14-2-4 (2026)

Court of Claims to be continued and renamed the West Virginia Legislative Claims Commission; appointment and terms of commissioners; vacancies

✓ current as of May 2026

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ARTICLE 2. CLAIMS AGAINST THE STATE.

§14-2-4. Court of Claims to be continued and renamed the West Virginia Legislative Claims Commission; appointment and terms of commissioners; vacancies.

The “Court of Claims” is hereby renamed the West Virginia Legislative Claims Commission. It shall consist of three commissioners, to be appointed by the President of the Senate and the Speaker of the House of Delegates, one of whom shall be appointed presiding commissioner. The judges of the Court of Claims sitting on the effective date of the amendments to this article enacted during the 2017 Regular Session of the Legislature will continue their existing terms as commissioners. Each appointment to the commission shall be made from a list of three qualified nominees furnished by the Board of Governors of the West Virginia State Bar. The President of the Senate and the Speaker of the House of Delegates may jointly terminate the appointment of any commissioner appointed under this section at any time.

The terms of the commissioners shall be six years. Not more than two of the commissioners shall be of the same political party. An appointment to fill a vacancy shall be for the unexpired term.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1997–2024 · leading case: SER Margaret L. Workman v. Mitch Carmichael, as President of the Senate, 819 S.E.2d 251 (W. Va. 2018).

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SER Margaret L. Workman v. Mitch Carmichael, as President of the Senate, 819 S.E.2d 251 (W. Va. 2018). · cites it 2× “" See W. Va. Code § 14-2-4 (2017). 20 The Respondents cited to this case three times in their brief, but did not provide any discussion of the case.”

State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001). · cites it 2× “2000), which denies jurisdiction to the Court of Claims "[w]ith respect to which a proceeding may be maintained against the State, by or on behalf of the claimant in the courts of the State.”

Fed. Sign v. Texas S. Univ., 951 S.W.2d 401 (Tex. 1997). · cites it 3× “§ 4651-1 (creating Board of Claims to arbitrate breach of contract claims against the Commonwealth); Tenn.Code § 9-8-307(a)(1)(L) (providing the Tennessee Claims Commission jurisdiction to determine actions for breach of written contract between claimant and state); W.”

SER Danita LaDayne, Adm'x of the Est. of Jonathan S. LaDayne v. WV Legislative Claims Comm'n (W. Va. 2019). · cites it 10× “See W. Va. Code § 14-2-4 (LexisNexis 2019). Since its creation in 1941, the Claims Commission has been known by several names, including the State Court of Claims, the Court of Claims, and the West Virginia Legislative Claims Commission.”

West Virginia Lottery v. A-1 Amusement, Inc., 807 S.E.2d 760 (2017). “…on the matter by the parties. The Court of Claims was renamed the West Virginia Legislative Claims Commission. See W. Va. Code § 14-2-4 (2017).”

West Virginia Lottery v. A-1 Amusement, Inc. (W. Va. 2017). · cites it 2× “See W. Va. Code § 14-2-4 (2017). 9 Based on the foregoing, I vigorously dissent.”

Joseph Todd Hutchinson & Jennifer Lynn Hutchinson v. Mark Forest Underwood, Patricia Jennings & Underwood Law Off. (W. Va. 2020). · cites it 2× “2d 71 , 78 (2019) (citing W. Va. Code § 14-2-4 (2019)). The function of this legislative body is to make “a recommendation to the Legislature based upon a finding of moral obligation, and the enactment process of passage of legislation authorizing payments of claims recommended…”

Michael D. Harlow v. E. Elec., LLC (W. Va. 2021). · cites it 2× “” W. Va. Code § 14-2-4 (2017). 2 terms of his departure.”

Brian Cunningham, in his capacity as Dir. of the Pub. Employees Ins. Agency, & Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, & Michael T. Smith, in their capacities as Members of the Pub. Employees Ins. Agency Fin. Bd. v. Air Evac EMS, Inc. (2024). · cites it 2× “Our central holding in Pittsburgh Elevator was that an action putatively against a State agency, which seeks recovery only from the agency's liability insurance, is not barred by sovereign 30 The Court of Claims has been renamed the West Virginia Legislative Claims Commission.”

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