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RE: TEMPORARY ASSIGNMENT OF THE HONORABLE THOMAS B. MILLER
AND THE HONORABLE CLARENCE L. WATT TO THE SUPREME COURT OF APPEALS OF WEST
VIRGINIA TO PRESIDE IN THE PROCEEDINGS STYLED JOHN F. RIST, III V. HONORABLE
CECIL H. UNDERWOOD, GOVERNOR OF WEST VIRGINIA, AND ROBERT S. KISS, NO.
992497 AND STATE EX REL. RICHARD A. ROBB, W. KENT CARPER, RUDOLPH L.
DITRAPANO, ROGER D. FORMAN, MARVIN W. MASTERS, ANTHONY
J. MAJESTRO, AMERICAN CIVIL LIBERTIES UNION OF WEST VIRGINIA, THOMAS W. PETTIT,
MARK E. GAYDOS, CARL N. FRANKOVITCH, MICHAEL G. SIMON, JAMES C. PETERSON, R.
EDISON HILL, HARRY G. DEITZLER, MICHAEL C. BEE, NORMAN STEENSTRA, JR. V. CECIL
H. UNDERWOOD, GOVERNOR OF THE STATE OF WEST VIRGINIA, AND ROBERT S. KISS,
NO. 992562
WHEREAS, the
Honorable Margaret L. Workman resigned from the Supreme Court of Appeals
effective August 31, 1999, creating a vacancy on the Court; and whereas, the
Honorable Robin Jean Davis has voluntarily disqualified herself in the two
above-styled matters; and
WHEREAS,
the West Virginia Constitution, Article VIII, Section 2, Supreme Court of
Appeals, provides for the composition of the Court and authority for the
Chief Justice to assign a circuit court judge to sit on the Court when a justice
is "disqualified
or unable to serve." The West Virginia Constitution, Article VIII, Section 8, Censure, Temporary
Suspension and Retirement of Justices, Judges and Magistrates; Removal,
further provides that the Chief Justice may recall a retired justice or judge
"with
his permission and approval of the supreme court of appeals"
for temporary assignment as a justice on the Court; and
WHEREAS,
this Court has by order dated October 15, 1996, assigned a sitting circuit court
judge to sit as a member of the Court when a vacancy on the Court was created by
the resignation of a justice; and whereas, the Court has routinely assigned both
sitting judges and retired justices and judges to sit on the court from time to
time when a justice has been "disqualified
or unable to serve; "and
WHEREAS,
since the Court will be required to address issues of constitutional magnitude
in the above-styled matters, it is desirable to have a full Court of five
justices, rather than the minimum of a simple majority which is
sufficient to constitute a quorum for the transaction of business. West Virginia
Constitution, Article VIII, Section 2.
IT
IS THEREFORE ORDERED that the Honorable Thomas B. Miller, Retired Justice of the
Supreme Court of Appeals of West Virginia, having served on said Court from 1977
to 1994, and having served as Chief Justice of said Court, be, and he hereby is,
recalled and assigned, with the consent of said Thomas B. Miller and approval of
the majority of the Court, to the Supreme Court of Appeals of West Virginia,
pursuant to the West Virginia Constitution, Article VIII, Section 8, for the
purpose of participating in the consideration and decision of the above-styled
matters; and
IT
IS FURTHER ORDERED that the Honorable Clarence L. Watt, Judge of the
Twenty-Ninth Judicial Circuit, a sitting judge of twenty-three years, and having
previously served as chief judge of said circuit, and having an additional
twelve years experience as a prosecuting attorney, and being the most senior in
age of all West Virginia circuit judges, be, and he hereby is, assigned to the
Supreme Court of Appeals of West Virginia, pursuant to the West Virginia
Constitution, Article VIII, Section 2, for the purpose of participating in the
consideration and decision of the above-styled matters; and
IT
IS FURTHER ORDERED that the Clerk of the Supreme Court of Appeals of West
Virginia record this order in the office of said Clerk and that proceedings be
held in the manner provided by law.
ENTER: OCTOBER 1, 1999
___________________________________
CHIEF JUSTICE LARRY V. STARCHER
Attest: ____________________________
Deborah L. McHenry, Clerk
Supreme Court of Appeals
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