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W.VA. DEPT. OF MILITARY AFFAIRS v. BERGER

No. 25140.

508 S.E.2d 628 (1998)

203 W.Va. 468

WEST VIRGINIA DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY, DIVISION OF JUVENILE SERVICES, and Phyllis H. Carter, Director, Division of Juvenile Services, Petitioners, v. The Honorable Irene BERGER, Judge of the Circuit Court of Kanawha County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided October 2, 1998.

Dissenting Opinion of Justice Starcher November 9, 1998.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Diana P. Fisher, Assistant Attorney General, Charleston, West Virginia, Attorneys for the Petitioners.

Jon R. Blevins, Assistant Prosecuting Attorney, Charleston, West Virginia, Attorney for the Respondent.

DAVIS, Chief Justice:

In this original proceeding for a writ of prohibition, the petitioner, West Virginia Department of Military Affairs and Public Safety, Division of Juvenile Services [hereinafter "the Division"], requests this Court to prohibit the respondent, the Honorable Irene Berger, Judge of the Circuit Court of Kanawha County, from requiring the Division to transport juveniles to and from court appearances during...

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