State Ex Rel. West Virginia Department of Health & Human Resources v. Wertman

ALBRIGHT, Justice:

In this case, the Circuit Court of Berkeley County has certified two questions to this Court. The certified questions and the circuit court’s answers are as follows:

1. Does West Virginia Code § 51-2A-1 et seq. permit family law masters to enter enforceable orders imposing sanctions, including incarceration, for indirect civil contempt for failure to pay child support?

Answer of the circuit court: Yes.

2. If the Code does permit family law masters to enter enforceable orders imposing sanctions, including incarceration, are such provisions constitutional?

Answer of the circuit…