State Ex Rel. McGraw v. West Virginia Ethics Commission

STARCHER, Justice:

In this case we are asked to examine the sufficiency of a complaint filed with the respondent West Virginia Ethics Commission (“Commission”) pursuant to the West Virginia Governmental Ethics Act, W.Va.Code, 6B-1-1 to 6B-3-10 (“Act”). The petitioner, our State’s Attorney General, Darrell V. McGraw, Jr., argues that the allegations contained in a complaint filed with the Commission against him are insufficient to constitute a violation of the Act, and that under the Act the Commission has a mandatory duty to dismiss a complaint if the allegations are insufficient. The…