State ex rel. Barrat v. Dalby

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Petitioner, an attorney practicing primarily in the Twenty-Third Judicial Circuit (judicial circuit), sought a writ of prohibition to prevent Respondents, the mental hygiene commissioners of the judicial circuit, from appointing legal counsel for alleged protected persons in actions instituted under the West Virginia Guardianship and Conservatorship Act (Act). Specifically, Petitioner asserted that W. Va. Code 44A-2-7(a) mandates that circuit courts, rather than mental hygiene commissioners, make such appointments. The Supreme Court granted the writ, holding that the provisions of section 44A-2-7(a) require the circuit court to appoint legal counsel for the alleged protected persons instituted under the Act, and therefore, Respondents exceeded their legitimate powers by appointing legal counsel for alleged protected persons under section 44A-2-7(a). View "State ex rel. Barrat v. Dalby" on Justia Law