No. 33195    -   State of West Virginia ex rel. R. E. Hamrick, J. R.., M.D. v. The Honorable James C. Stucky, Judge of the Circuit Court of Kanawha County, et al.


Starcher, J., dissenting:

            I dissent from the majority opinion, not because I disagree with everything in the opinion, but because I think that this is a classic example of how this Court should not be micro-managing the procedural operations of our circuit courts.

            The respondent, the Hon. James C. Stucky, is quite competent to manage procedural conflicts in his court and to referee contentious lawyers. I would not interfere with or second guess his methodology in doing so.

            Respectfully, I therefore dissent to this Court's interference in the procedural aspects of this litigation.