State Ex Rel. Alsop v. McCartney

Neely, Justice:

This action in mandamus was brought to strike down the procedure used to nominate candidates for seven new judgeships created by the 1976 Amendment to W. Va. Code, 51-2-1. We deny relief.

On March 17, 1976, during the Regular Session of the West Virginia Lesiglature, the Legislature passed Senate Bill No. 322 adding judgeships to the 7th, 12th, 13th, 14th, 17th, 21st, 25th and 29th Judicial Circuits with eight year terms of office beginning on January 1, 1977. The bill contained a provision to extend the deadline for filing certificates of candidacy until March 30, 1976, because…