Atkinson v. County Commission of Wood County

WORKMAN, Chief Justice:

Former magistrate Ira Atkinson appeals the Circuit Court of Wood County’s denial of his petition for a writ of mandamus through which he sought a directive requiring Appel-lee, the Wood County Commission (“Commission”), to reimburse the attorneys’ fees he incurred in defending against criminal charges brought against him while in office. We agree with the circuit court that Mr. Atkinson was not a county employee while serving as magistrate and that the Governmental Tort Claims and Insurance Reform Act (“Tort Claims Act”), West Virginia Code §§ 29-12A-1 to -18 (1992),…