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ROGERS v. ALBERT

No. 27680.

541 S.E.2d 563 (2000)

H. John ROGERS, Who Sues on His Own Behalf and on Behalf of All Others Similarly Situated, Plaintiff Below v. James M. ALBERT, Who is Sued in His Official Capacity as Administrative Director of the Supreme Court of Appeals of the State of West Virginia; the Honorable David M. Buzzard, the Honorable Mark A. Kerwood and the Honorable William D. Anderson, All of Whom are Sued in Their Official Capacities as Magistrates of the Magistrate Court of Marshall County, West Virginia; and John Doe, Nos. 1-3 Inclusive; and Jane Doe, Nos. 1 and 2, Defendants Below

Supreme Court of Appeals of West Virginia.

Decided December 13, 2000.

Attorney(s) appearing for the Case

H. John Rogers, Esq., New Martinsville, Pro Se.

John M. Hedges, Esq., Byrne & Hedges, Morgantown, for Appellee.

PER CURIAM:

This case comes to the Court on certified question from the Circuit Court of Marshall County, and presents the following issue: "Is Rule 1(b), as amended, of the Administrative Rules for the Magistrate Courts of West Virginia constitutional?" Plaintiff below, H. John Rogers, argues that Rule 1(b)(1), which sets forth certain minimum standards governing the availability of magistrates to conduct initial appearance and bail proceedings outside of normal...

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