State Ex Rel. S. J. C. v. Fox

This original proceeding in prohibition was brought by the relator, a juvenile, to prevent the respondent, the Honorable Fred L. Fox, II, Judge of the Circuit Court of Marion County, from executing an order sentencing relator to the Department of Corrections to be placed in a juvenile correctional facility. Specifically, relator contends that respondent did not give precedence to the least restrictive alternative for disposition of the juvenile prior to sentencing in violation of W. Va. Code § 49-5-13 and that respondent thereby exceeded the legitimate powers of the Circuit Court. We find…