West Virginia Department of Military Affairs & Public Safety v. Berger

DAVIS, Chief Justice:

In this original proceeding for a writ of prohibition, the petitioner, West Virginia Department of Military Affairs and Public Safety, Division of Juvenile Services [hereinafter “the Division”], requests this Court to prohibit the respondent, the Honorable Irene Berger, Judge of the Circuit Court of Kana-wha County, from requiring the Division to transport juveniles to and from court appearances during such juveniles’ detention prior to adjudication of delinquency. We have thoroughly considered this petition. We conclude that the writ should be denied.

I

FACTUAL AND…