State ex rel. Fillinger v. Rhodes

I agree with the Majority’s decision to grant the requested writ of prohibition. I write separately only to emphasize that by repeatedly violating the West Virginia Code, the West Virginia Code of State Rules, and Ms. Fillinger’s due process rights, the West Virginia Board of Examiners for Registered Professional Nurses engaged in excessively vexatious conduct. In past cases, such conduct has warranted awarding attorney fees and costs to the harmed party. See, e.g., Miller v. Hare, 227 W.Va. 337, 342, 708 S.E.2d 531, 536 (2011) (“[T]his Court determined that the DMV had improperly delayed the…