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STATE EX REL. CANTERBURY v. PAUL

No. 25890.

520 S.E.2d 662 (1999)

205 W.Va. 665

STATE of West Virginia, ex rel. Steven CANTERBURY, Executive Director of West Virginia Regional Jail and Correctional Facility Authority, Petitioner, v. Carl "Worthy" PAUL, Magistrate for Ohio County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1999.

Dissenting and Concurring Opinion of Chief Justice Starcher October 18, 1999.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Esq., Attorney General, Chad M. Cardinal, Esq., Assistant Attorney General, Charleston, West Virginia, Attorneys for Petitioner.

John M. Hedges, Esq., Byrne and Hedges, Morgantown, West Virginia, Attorney for the Respondent.

MAYNARD, Justice:

In this petition for a writ of prohibition, we are asked to address a magistrate's interpretation of W.Va.Code § 50-3-2 (1996), which requires magistrates to impose certain court costs upon conviction in criminal cases. The petitioner in this case, the West Virginia Regional Jail and Correctional Facility Authority (Jail Authority), asserts that the respondent magistrate is wrongfully refusing to impose those statutory court costs.

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