Hubby v. Carpenter

MILLER, Chief Justice:

This original proceeding in prohibition challenges the validity of W.Va. Code, 8-10-1, 1 which vests mayors with the authority to hear and determine violations of municipal ordinances, on the basis that it contravenes the separation of powers clause, Article V, Section 1 2 of the West Virginia Constitution.

In April, 1986, the relator, Robert Nielsen Hubby, Jr., was arrested on a charge of contributing to the delinquency of a minor and was taken before James Carpenter, the mayor of the City of Buckhannon, who had previously issued the arrest warrant, and a hearing date…