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STATE EX REL. FARLEY v. SPAULDING

No. 24965.

507 S.E.2d 376 (1998)

203 W.Va. 275

STATE of West Virginia ex rel. Stan FARLEY, Sheriff of Putnam County, Petitioner, v. Honorable O.C. SPAULDING, Judge of the Circuit Court of Putnam County, and the County Commission of Putnam County, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1998.

Concurring Opinion of Justice Workman July 20, 1998.

Dissenting Opinion of Chief Justice Davis July 22, 1998.

Concurring Opinion of Justice Starcher November 9, 1998.

Attorney(s) appearing for the Case

Claude S. Smith, III, G. Wayne Van Bibber, Smith & Van Bibber, Charleston, West Virginia, Attorneys for Petitioner.

John M. Hedges, Byrne & Hedges, Morgantown, West Virginia, Attorney for Amicus Curiae, West Virginia Judicial Association.

Ancil G. Ramey, Steptoe & Johnson, Charleston, West Virginia, Attorney for Respondent Judge.

Franklin L. Gritt, Jr. Winfield, West Virginia, Attorney for Respondent County Commission.

McCUSKEY, Justice:

In this original proceeding in prohibition, the petitioner, Stan Farley, Sheriff of Putnam County, petitions this Court to issue a writ of prohibition preventing the Honorable O.C. Spaulding, Chief Judge of the Circuit Court of Putnam County, from enforcing two administrative orders which he entered on August 26, 1997. Pursuant to the judge's orders, nine individuals, who had been hired by the Putnam County Commission to perform court security functions...

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