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STATE EX REL. BAILEY v. FACEMIRE

Nos. 20611, 20658.

413 S.E.2d 183 (1991)

STATE of West Virginia ex rel. Stephanie BAILEY, Petitioner, v. Richard FACEMIRE, Prosecuting Attorney for Clay County, Respondent. and Lana Jean JUSTICE and Marcella Laverne Stevens, Petitioners, v. David D. THOMPSON, Assistant Prosecuting Attorney of Wyoming County and William Kendrick King, Assistant Prosecuting Attorney of McDowell County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1991.

Attorney(s) appearing for the Case

Brenda Waugh, Legal Aid Soc. of Charleston, Charleston, for Stephanie Bailey.

Richard Facemire, pro se.

Norman Googel, Appalachian Research and Defense Fund, Inc., Welch, for Laura Jean Justice and Marcella Laverne Stevens.

David G. Thompson, pro se.

William Kendrick King, pro se.

WORKMAN, Justice:

This original proceeding involves the filing of two separate petitions seeking writs of mandamus to prohibit the respondent prosecuting attorney and assistant prosecuting attorneys from representing persons in domestic cases under certain circumstances. Petitioners argue that prosecutors should be required to refrain from representing persons in divorce and child custody cases where there have been, presently are, or where there is reason to believe...

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