Supreme Court of Appeals of West Virginia

 Gavel.gif (863 bytes)     Argument Docket     Gavel.gif (863 bytes)

June 29, 1999


1. State of  West Virginia ex rel. Garden State Newspapers, Inc., etc. b. Hon. Jay M. Hoke, et al. - 26219 - Petition for Writ of Prohibition, the petition seeks to prohibit the sealing of the record, without a hearing or order on the closure, in the underlying case of No. 99-C-1136.  The petition asserts that such action violates the "open courts" provision of W.V. Const., Art. III, Sec. 17.   The petition seeks to prohibit further proceedings and orders in the underlying case pending this Court's order.  - This case to be submitted on briefs only without oral argument.

2. In Re: George Glen B., Jr. - 26202 - DHHR appeals the dismissal of an abuse and neglect petition.  The lower court dismissed the case, finding that the fact that the mother's parental rights had been terminated in tow previous cases didn't justify the termination of the mother's parental rights in the current case.  DHHR appeals arguing that the court erred in dismissing the case, that the court made several findings of facts which were not supported by the evidence, and that the court erred by not conducting a preliminary hearing. - This case to be submitted on briefs only without oral argument.

3.   State of  West Virginia ex rel. The affiliated Construction Trades Foundation, a division of the West Virginia Building and Construction Trades Council, AFL-CIO and all those similarly situated v. William F. Vieweg, Commissioner, Bureau of Employment Programs and Compensation Programs Performance Council - 26364 - Petition for Writ of Prohibition, the petition seeks to prohibit the Commissioner from ordering the dismissal of various lawsuits pending in circuit courts seeking the recovery of premiums, interest and penalties from certain employers in the underground coal classification.  The petition asserts: 1) the Commissioner has a conflict of interest; 2) the suits are in the best interests of the Workers' Compensation Fund; 3) the Performance Council's action was taken in executive session; and 4) the Commissioner has a fiduciary duty requiring him to justify his action with specific findings of fact and conclusions of law.