State Ex Rel. Goodwin v. Cook

Miller, Justice:

This original prohibition challenges the constitutionality of W.Va. Code, 7-7-8, which provides for the disqualification of the prosecuting attorney and the appointment by the circuit court of a special prosecutor.1 The primary *163ground for the unconstitutionality is based on Article VI, Section 40 of the West Virginia Constitution, which states:

“The legislature shall not confer upon any court, or judge, the power of appointment to office, further than the same is herein provided for.”

We decline to hold the statute unconstitutional.

Petitioner James W. Goodwin is a County…