State Ex Rel. Silver v. Wilkes

MAYNARD, Justice.

In this original jurisdiction action, we are asked to determine whether circuit courts have authority to issue writs of prohibition and writs of mandamus against family court judges. The Circuit Court of Berkeley County determined that family courts are not inferior to circuit courts and, therefore, circuit courts have no jurisdiction to entertain original jurisdiction petitions filed against family court judges. We respectfully disagree and grant the writ as requested.

I

FACTS

Three children were bom to Deborah P. during the time that she has been married to Lucky P. Ashley…