Courts & Judicial Services
Authorized by the West Virginia Constitution, the state judicial system is comprised of Appellate (Supreme Court of Appeals, Intermediate Court of Appeals) and Lower (Circuit, Family, Magistrate, Treatment, Mass Litigation, Business Court Division) Courts that serve all 55 counties.
Court information, including a listing of the elected members of the Judiciary that preside in Circuit, Family, Magistrate, Treatment and other court proceedings in Berkeley County can be found here.
NOTE: Municipal courts created by cities and other municipalities, including the City of Martinsburg Municipal Court, are authorized by W.Va. Code 8-10-2, and have separate jurisdiction over cases that involve violation of municipal ordinances and traffic infractions.
Circuit courts are West Virginia's only general jurisdiction trial courts of record. These courts have jurisdiction over all civil cases at law over $7,500; all civil cases in equity; proceedings in habeas corpus, mandamus, quo warranto, prohibition, and certiorari, all felonies and certain misdemeanors. Circuit courts also receive appeals from magistrate courts, municipal courts, and all administrative agencies except workers' compensation appeals. The Berkeley County Circuit Clerk serves as the clerk to the court.
Family courts handle cases involving divorce, annulment, separate maintenance, paternity, grandparent visitation, name change, infant guardianship, child custody, and issues involving allocation of parental responsibility and family support proceedings, except those in child abuse and neglect proceedings. The Berkeley County Circuit Clerk serves as the clerk to the court.
Magistrate courts have limited jurisdiction. Magistrates can issue arrest and search warrants, hear misdemeanor cases, conduct preliminary examinations in felony cases, and hear civil cases with $10,000 or less in dispute. Magistrates can issue emergency domestic violence protective orders. Magistrates can also serve as mental hygiene commissioners. The
Also known as problem-solving courts, these courts help participants overcome addictions and mental illnesses that may have led them to commit crimes, thus improving the quality of life for them and their families. People who are registered as sex offenders or have a prior conviction for a felony crime of violence are not eligible for treatment courts.