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STATE OF WEST VIRGINIA At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 8th day of November, 2001, the following order was made and entered: State of West Virginia ex rel. Darrell vs.) No. 30094 Gregory A. Burton, Cabinet Secretary of
On a former day, to-wit, September 4, 2001, came the petitioner, Darrell V. McGraw, Jr., in his capacity as Attorney General for the State of West Virginia, by Deborah L. McHenry, Special Assistant Attorney General, and Silas B. Taylor, Senior Deputy Attorney General, his attorneys, and presented to the Court his petition and memorandum of law in support thereof, praying for a writ of mandamus to be directed against the respondents, Gregory A. Burton, Cabinet Secretary of the Department of Administration, and Nichelle Perkins, Director of Personnel of the Department of Administration, as therein set forth. Thereafter, on the 31st day of October, 2001, came the respondents, Gregory A. Burton, Cabinet Secretary of the Department of Administration, and Nichelle Perkins, Director of Personnel of the Department of Administration, by John T. Poffenbarger, Heather A. Connolly, and Schrader, Byrd & Companion, and Thomas B. Miller, their attorneys, and presented to the Court their written response in opposition thereto. Upon consideration whereof, the Court is of opinion that a rule should be awarded herein. It is therefore considered and ordered that a rule do issue directed against the respondents returnable before this Court at its courtroom in the City of Charleston, County of Kanawha, at two o'clock, p. m., on Tuesday, the 5th day of February, 2002, commanding and directing the said respondents to show cause, if any they can, why a writ of mandamus should not be awarded against them, as prayed for by the petitioner in his said petition. It is further ordered that Kay Huffman Goodwin, Cabinet Secretary of the Department of Education and the Arts; Mike Callaghan, Cabinet Secretary of the Department of Environmental Protection; Paul Nusbaum, Cabinet Secretary of the Department of Health and Human Resources; Joe Martin, Cabinet Secretary of the Department of Military Affairs & Public Safety; Brian Kastick, Cabinet Secretary of the Department of Tax and Revenue; and Fred VanKirk, Cabinet Secretary of the Department of Transportation, be, and they hereby are, made party respondents herein with leave to brief and to participate in oral argument. It is further ordered that constitutional officers and officers, boards and commissions not under the supervision of cabinet secretaries or constitutional officers, have leave to file a motion to intervene or to file a motion for leave to file a brief amicus curiae in the above-captioned proceeding, said motions to be filed on or before Monday, the 3rd day of December, 2001. Finally, an original and nine copies of all responses, including all intervenor briefs and briefs Amicus Curiae, shall be filed on or before Friday, the 11th day of January, 2002. Justice Maynard would refuse. Justice Davis deemed herself disqualified and did not participate in the consideration or decision of this matter. Service of a copy of this order upon the respondents aforesaid shall have the same effect as the service of a formal writ. A True Copy Attest: Rory L. Perry II |