Harman v. Frye

McHUGH, Chief Justice:

In this original proceeding in mandamus, David C. Harman, Magistrate of Mineral County, seeks to have this Court compel the Circuit Court of Mineral County to appoint a special prosecutor in a cross-warrant action involving private citizens’ complaints. Magistrate Harman also requests in his petition that this Court modify Rule 3 of the Rules of Criminal Procedure for the Magistrate Courts of West Virginia, and declare that private citizen criminal complaints for both misdemeanor and felony cases be approved by an attorney for the state or investigated by the appropriate…