Carey v. Dostert

O’HANLON, Acting Justice: 1

This matter is before the Court to answer the certified questions posed by the Circuit Court of Morgan County. The questions certified by the lower court 2 are as follows:

1. Is a circuit court judge entitled to judicial immunity for issuing an order to show cause dated December 7, 1981, against a practicing attorney under W.Va.Code § 30-2-7 (1931), knowing that the statute was obsolete and superseded by W.Va.Code § 51-l-4a (1945), Bylaws of the West Virginia State Bar, and the Judicial Reorganization Amendment to the West Virginia Constitution, Article VIII?

2. Is a…