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STATE EX REL. LEWIS v. STEPHENS

No. 23531.

483 S.E.2d 526 (1996)

199 W.Va. 180

STATE ex rel. Gretchen O. LEWIS, Secretary, West Virginia Department of Health and Human Resources, Petitioner, v. Honorable Booker T. STEPHENS, Chief Judge of the Circuit Court of McDowell County, and Honorable Kendrick King, Judge of the Circuit Court of McDowell County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 18, 1996.

Attorney(s) appearing for the Case

Barbara L. Baxter, Michelle T. Mensore, Asst. Attys. Gen., Charleston, for Petitioner.

John M. Hedges, Byrne & Hedges, Morgantown, for Respondents.

PER CURIAM.

The Petitioner, Gretchen O. Lewis, Secretary of the West Virginia Department of Health and Human Resources ("the Department"), seeks a writ of prohibition1 against the Honorable Booker T. Stephens and the Honorable Kendrick King, to prevent them from ordering juvenile detention centers operated by the Department to exceed their legal capacity. The Petitioner also asks the Court to require written findings as a prerequisite...

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