Rogers v. Albert

This case comes to the Court on certified question from the Circuit Court of Marshall County, and presents the following issue: “Is Rule 1(b), as amended, of the Administrative Rules for the Magistrate Courts of West Virginia constitutional?” Plaintiff below, H. John Rogers, argues that Rule 1(b)(1), which sets forth certain minimum standards governing the availability of magistrates to conduct initial appearance and bail proceedings outside of normal office hours, is facially unconstitutional because it potentially denies individuals who are arrested without a warrant an opportunity to…