Senate finance chair questions WV Supreme Court’s unspent funds; court says it needs more money

by Amelia Ferrell Knisely, West Virginia Watch
October 3, 2025

Budget pressures have hit the state Supreme Court, and more funding from the Legislature isn’t guaranteed. 

Senate Finance Chairman Jason Barrett is pushing back on the West Virginia Supreme Court of Appeals’ call for increased funding to keep Family Treatment Courts open in the state. Barrett says the courts’ budget includes $30 million that could be put toward the successful program and other judicial needs. 

“This is just a scare tactic by the Supreme Court,” said Barrett, R-Berkeley. “We shouldn’t overfund any state agency or any branch of government so that they can build up a slush fund to be able to purchase things without Legislative approval.”

West Virginia’s 14 specialized Family Treatment Courts support parents in overcoming substance use disorders while working toward safe reunification of their children. They operate in 19 counties and have graduated 309 participants so far, with 437 children reunified with their families.

This year, the Family Treatment Courts received a $1 million grant to continue the program over the next year after Legislative funding fell short, Justices announced in September. 

While the Supreme Court acknowledged a $30 million carryover this year, they said a large part of that money is already earmarked for projects. Jared Hunt, communications director for the Supreme Court of Appeals of West Virginia, said that $16.5 million was tied to a needed technology upgrade for magistrate and circuit courts.

“This is a large contract, and it’s going to be awarded in the next couple weeks,” Hunt said. “That money is something that the court has been planning to spend over the past several budget cycles.”

There are mounting budget pressures for the Supreme Court; the judicial branch this year received less funding than it requested from the Legislature while more judicial positions were added across the state. There have been rising public employee insurance costs, and the courts are now grappling with a $7 million funding gap in its payroll, Hunt said. 

“This misunderstanding about the nature of our reappropriated funds likely could have factored into the steep cut the Legislature enacted in our budget this past session, and we are now working with lawmakers to update them on the reality of our financial situation and our needs going forward,” Hunt said. “The simple fact is the steep cut to our budget this year has created a significant, structural deficit in our operating budget.”

The courts maintain that the Legislature must increase funding for Family Treatment Courts that serve a state hit hardest by the substance abuse crisis. 

“Given our existing structural gap created by the last budget bill, we’re unsure how we’ll be able to cover our existing payroll — let alone take on the more than $1 million in costs of operating Family Treatment Courts — without additional appropriations from the Legislature,” Hunt said.  “ … The math just doesn’t add up.” 

He added that the justices are committed to working with members of the House and Senate to restore an adequate level of funding to the courts and its Family Treatment Courts programs. 

Family Treatment Courts each cost around $85,000 to $100,000 per year to operate. Judges volunteer their time to oversee the program, and most of the cost is for a case manager at each court. 

According to the state Supreme Court of Appeals, West Virginia has saved $7 million in foster care or kinship subsidy payments through Family Treatment Courts.

“We think it’s a worthwhile investment,” Hunt said. 

For now, Barrett isn’t convinced that more money from the Legislature is the answer. He believes the courts should prioritize funding the Family Treatment Courts from their own budget.

“They’re out here blaming the Legislature for not funding $1.2 million to the Family Treatment Courts when they’re sitting on $30 million, and that’s what I think the voters need to know.”

Supreme Court’s past spending scandal still gives pause 

Barrett said he doesn’t think the current Supreme Court was doing anything improper with their available funds, but the court’s problematic spending history was still on his mind.

In 2018, every sitting member of the state Supreme Court of Appeals faced articles of impeachment from the House due to “unnecessary and lavish” spending of state taxpayer dollars to renovate their offices, among other charges. A temporary state Supreme Court later stopped those impeachment proceedings from continuing. Following Justice Beth Walker retirement in April, there are no active justices who were around during the scandal.

Following the spending corruption, West Virginia voters approved a constitutional amendment in 2018 that gave lawmakers the option of reducing part of the state judiciary’s annual budget. It also would require the Supreme Court’s chief justice to answer budget questions before lawmakers.

Barrett pointed to the 2018 ballot measure as to why the Legislature should continue to vet their spending.

“I don’t have any reason to believe that they’re storing this money to use it any inappropriately. I’m not making that accusation at all,” he said. “I think the way in which they feel like they should operate is inappropriate. They feel like they should be able to build up large balances so they can spend how they see fit, without any accountability to the Legislature.”

Hunt responded, “Since 2018, the new and remaining justices and new administrative office leadership have been absolutely committed to restoring public trust in the integrity of the judicial branch of government. 

“They have always sought to be open and transparent regarding their practices,” he continued. “They have worked to conservatively manage the budget, and have in fact, cut the budget several times.”

Early next year, Barrett will parse through the Supreme Court’s budget when they present their FY 2027 funding request at the State Capitol. He emphasized that lawmakers want to see Family Treatment Courts continue. 

“We will vet them thoroughly,” he said. “We are not just going to rubber stamp their budget request.”

Hunt said the courts are exploring if money from the First Foundation, which oversees the spending of opioid lawsuit settlement dollars, could be used to fund Family Treatment Courts. 

“The new court and leadership staff have maintained an open and respectful dialogue with virtually everyone in House and Senate leadership in recent years, and have worked to be completely transparent through our budget process,” Hunt said, adding that the justices have a meeting planned next week with legislative leaders to update them on fiscal operations. 

West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.