State Ex Rel. Farley v. Spaulding

507 S.E.2d 376, 203 W. Va. 275
CourtWest Virginia Supreme Court
DecidedNovember 9, 1998
Docket24965
StatusPublished
Cited by14 cases

This text of 507 S.E.2d 376 (State Ex Rel. Farley v. Spaulding) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Farley v. Spaulding, 507 S.E.2d 376, 203 W. Va. 275 (W. Va. 1998).

Opinions

McCUSKEY, Justice:

In this original proceeding in prohibition, the petitioner, Stan Farley, Sheriff of Putnam County, petitions this Court to issue a writ of prohibition preventing the Honorable O.C. Spaulding, Chief Judge of the Circuit Court of Putnam County, from enforcing two administrative orders which he entered on August 26, 1997. Pursuant to the judge’s orders, nine individuals, who had been hired by the Putnam County Commission to perform court security functions for the county’s judiciary, were designated as court marshals and granted certain powers and duties.

Sheriff Farley attacks the administrative orders as unconstitutional and an impermissible usurpation of his statutory power under W.Va.Code § 51-3-5 (1923). On the other hand, the respondents, Judge Spaulding and the Putnam County Commission, assert that the challenged orders are constitutionally valid and, further, that W.Va.Code § 51-3-5 (1923) does not preclude the respondent county commission’s employment of court security officers, whose responsibilities go beyond merely attending court proceedings. In addition, the respondents contend that the West Virginia Constitution has vested in circuit judges, and particularly in chief circuit judges, the power to regulate courthouse security and to employ the necessary personnel to perform court security functions. For reasons explained below, we find that the West Virginia Constitution and laws of this State support both sides. Accordingly, we grant, in part, and deny, in part, the writ of prohibition.

[278]*278I.

FACTUAL BACKGROUND

The new Putnam County Judicial Building opened in August of 1997. The facility was constructed by the Putnam County Commission and equipped by the commission with state-of-the-art security devices, including a metal detector, x-ray machine, video monitoring equipment, and remote-controlled electronic door locks. The building houses the Putnam County judiciary, including two circuit judges, three magistrates, and the family law master, as well as the circuit clerk, the magistrate clerk, the probation department, and the prosecuting attorney.

The planning of the new judicial building included the consideration of adequate court security personnel requirements. Discussions transpired regarding the court security personnel necessary to ensure the security needs of the facility. Among the participants in these discussions were representatives of the county judiciary, the county commission, and the sheriffs office. Their evaluation of security needs took place against the backdrop that in fiscal year 1996-1997, Sheriff Farley had assigned only one full-time deputy sheriff to serve as bailiff for the county’s six judicial officers and family law master.

In order to provide efficient and effective court security services for the new facility, the county commission and the county judiciary undertook a collaborative effort to staff the building with properly trained civilian security officers. Sheriff Farley was informed of the court security program that was being developed by the commission and county judiciary. While there is some dispute as to whether Sheriff Farley endorsed the use of civilian security officers, affidavits of the respondent judge and Linda K. MeCla-nahan, administrative assistant to the county commission, indicate that the sheriff did express support for an aspect of the overall plan which involved returning to law enforcement activities the one deputy sheriff who had been assigned to bailiff services. It also appears from the record that the county commission met with Sheriff Farley on May 21,1997, to discuss the selection of the Court Marshal; that the sheriff was told of the three individuals under consideration for the position; and that he expressed his preference for Douglas Ratliff, who was eventually selected for the job.

On June 18, 1997, the county commission entered an order adding Douglas Ratliff to the county payroll, effective June 30, 1997. On August 20, 1997, the commission entered an order placing eight persons, selected by Mr. Ratliff to serve as Deputy Court Marshals on the county payroll, effective that day.

On August 26, 1997, Judge Spaulding issued the two administrative orders which are now in dispute. The first order provided as follows:

WHEREAS, Article VIII of the Constitution of West Virginia provides for the Supreme Court and its Circuit Courts to appoint their officers and employees; and
WHEREAS, adequate security is necessary to assure the safe, secure and peaceful conduct of a circuit court’s business; and
WHEREAS, the Circuit Court of Putnam County, West Virginia, has determined that a full-time position for a qualified Court Marshal is necessary for adequate security in the conduct of the court’s business; and
WHEREAS, the Putnam County Commission has employed Douglas M. Ratliff to assist this Court in its responsibility of providing the public and employees a safe, secure and peaceful environment in the Putnam County Judicial Building; and
WHEREAS, the Chief Judge of the Circuit Court of Putnam County, West Virginia, has determined that Douglas M. Ratliff is qualified by training and experience to be the Court’s Marshal;
NOW, THEREFORE, IT IS ORDERED, that Douglas M. Ratliff, an employee of the Putnam County Commission, is hereby designated by the Chief Judge of the Twenty-Ninth Judicial Circuit as Court Marshal for the Circuit Court of Putnam County, to serve at the will and pleasure of the Chief Judge thereof;
IT IS FURTHER ORDERED that the Court Marshal may utilize Deputy Court [279]*279Marshals employed by the Putnam County Commission to assist the Court Marshal and that said Deputy Court Marshals shall have the same powers and authority as the Court Marshal in carrying out their duties; Provided, that said Deputy Court Marshals shall be properly trained, qualified, approved and appointed by this Court to serve at the will and pleasure of the Chief Judge thereof.
IT IS FURTHER ORDERED that the Court Marshal and Deputy Court Marshals are authorized to:
1. perform the services of court bailiff including assuring the security for all court proceedings;
2. escort prisoners to and from court proceedings;
3. make arrests in and around the Putnam County Judicial Building and the Putnam County Courthouse for offenses committed in their presence or in the presence of the Court;
4. carry a concealed firearm or other deadly weapon upon their person in the Putnam County Judicial Building and the Putnam County Courthouse; and
5. use reasonable and necessary force, including deadly force, in the exercise of their responsibilities and duties.

The second order designated eight individuals to serve as Deputy Court Marshals for the Circuit Court of Putnam County. As of March 4, 1998, a Court Marshal, two full-time Deputy Court Marshals, and six part-time Deputy Court Marshals were employed by the county commission to serve the county judiciary.

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State Ex Rel. Farley v. Spaulding
507 S.E.2d 376 (West Virginia Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
507 S.E.2d 376, 203 W. Va. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-farley-v-spaulding-wva-1998.