State ex rel. Justice v. Honorable Charles King (Signed Opinion)Annotate this Case
The Supreme Court denied Governor James Conley Justice's request for a writ of prohibition seeking relief from the circuit court's writ of mandamus compelling him to reside in Charleston under the political question doctrine and corresponding separation of powers principles, holding that Governor Justice failed to meet the standard for issuance of a writ of prohibition.
W. Va. Const. art. VII, 1 provides that the Governor of West Virginia must "reside at the seat of government" during his term of office. Respondent filed a petition for writ of mandamus directing Governor Justice to reside in Charleston in accordance with this constitutional provision. The circuit court rules that mandamus was available to compel Governor Justice to comply with the provision. Governor Justice then brought this action seeking a writ of prohibition. The Supreme Court denied the requested writ to prohibit enforcement of the circuit court's order, holding that the circuit court had jurisdiction to issue a writ of mandamus, did not exceed its legitimate powers, and did not clearly err in denying the Governor's motion to dismiss the petition for writ of mandamus.