Back during Christmas and New Year holidays, there were questions about “if and when” the county commission can close the courthouse and/or give employees additional time off without charge to annual leave. Pages 1-12 through 1-13 of the CCAWV handbook address this issue under “Offices and Courthouse Hours.” In short…While the County

Commission has the authority to prescribe the hours of the courthouse operation and such authority implies the ability to close the county offices in weather or emergency situations, it cannot close the “COURT!”

The Court must remain open unless it is a legal holiday provided by the legislature; time-off as authorized by the Governor which allows the courts to close as if it were a legal holiday; or a day where weather or other emergency conditions in that county prevent the general transaction of court business, as designated by order of the chief justice of the supreme court of appeals or by order of the chief judge of the circuit court of that county.

The ability of the county commission giving time off to county employees other than legal holidays (as provided by the legislature or the Governor) is somewhat gray, however if the county commission gives time off that is not authorized by the legislature or by the Governor, that time off is not a legal holiday and does not close the “court,” therefore the courthouse building must be open, the courtroom must be open and enough county staff available to accept court filings so that no one misses a filing date because of courthouse closure!

In the event of weather or other emergency condition it is advised that the county commission and the Judge work together to make a unified decision to close both the county offices and court.