STATE EX REL. CORE v. Merrifield, 24633.

Citation502 S.E.2d 197,202 W.Va. 100
Decision Date03 April 1998
Docket NumberNo. 24633.,24633.
PartiesSTATE of West Virginia ex rel. Barbara A. CORE, Clerk of the Circuit Court of Marion County, and the Marion County Commission, Petitioners, v. Honorable Rodney A. MERRIFIELD, Chief Judge of the Circuit Court of Marion County, Respondent.
CourtSupreme Court of West Virginia

James M. Cagle, Charleston, for Petitioners.

Elizabeth A. Pyles, Pyles & Auvil, Parkersburg, for Respondent.

PER CURIAM:1

This is an original proceeding in prohibition instituted by the relators, Barbara Core, Clerk of the Circuit Court of Marion County, and the Marion County Commission, against the respondent, the Honorable Rodney A. Merrifield, Chief Judge of the Circuit Court of Marion County.2 The relators seek to prohibit the enforcement of Judge Merrifield's general order entered March 14, 1997, concerning his authority over courtroom clerks, and an order of March 6, 1997, concerning the duties of the sheriff during felony criminal cases. Further, the relators seek to prohibit Judge Merrifield from issuing signed court orders containing a blank space in place of the amount of court-appointed attorney's fees. Finally, the relators complain that Judge Merrifield directed his courtroom clerk to replace a name in a juvenile file with the juvenile's initials. After a careful review of the issues raised and the documents filed in this action, we grant the writ as moulded.

I. FACTS

A broad overview of the underlying facts in this case as set forth by the briefs, affidavits, and exhibits is as follows. On March 6, 1997, Judge Merrifield entered an order, titled "In re: All Felony Criminal Cases Scheduled For Jury Trial During The February, 1997 Term Of Circuit Court, Division II" ("sheriff's order"), which states:

It is hereby ORDERED this day that the jurors and alternate jurors selected to serve in all felony criminal cases during the February, 1997 term of Circuit Court, Division II, be kept in the custody of the Sheriff of Marion County during each trial between the hours of 8:30 a.m. to 5:00 p.m. or until further notice from this Court.
It is further ORDERED as follows:
1. The Sheriff shall make arrangements for appropriate accommodations for the jury as set forth herein during the trial, and shall provide for adequate security in the jurors' deliberation room.
2. The Sheriff shall make satisfactory arrangements to assist the jurors in going to and from their homes, if necessary.
3. The Sheriff shall make appropriate arrangements for the furnishing of vehicles (including the hiring of vehicles, if necessary. for the transportation of jurors during this trial between their place of lodging and the County Courthouse, if necessary.
4. The Sheriff shall have each assigned deputy, which shall be at least two (2) in number, to submit to an oath before the Circuit Clerk of their duties set forth herein and to report to the Court no later than 8:45 a.m. each day during this trial.
5. The assigned Sheriff's personnel shall make certain that no member of the jury:
a. Has any unauthorized contact with any outside person.
b. Reads newspapers, magazines, periodicals, or listens to radio newscasts or bulletins pertaining to the trial or programs where the theme resembles the case being heard or decided upon.
c. Has any discussion with any outside person pertaining to the case.
d. Has any discussion of the case with other jurors before the case is submitted for deliberation.
e. Has written or telephone communication with any person, except under the direct supervision of the assigned Deputy Sheriff, on matters not pertaining to the case.
f. Any communication with the Court shall be made in writing and placed in a sealed envelope by the jury or individual juror, and upon being turned over to sheriff's personnel will be promptly delivered to the Court.
6. The Sheriff shall make appropriate arrangements for suitable sanitary facilities for the jury.
7. The Sheriff shall make arrangements to provide, at the Sheriff's expense, a nonalcoholic beverage (coffee, tea, milk, soda) on court days during the morning and afternoon recess.
9. (sic) The Sheriff shall make provisions to transport any juror who has previously made such arrangements with the Court to such medical doctors whose names the jurors shall furnish the Sheriff.
10. This Order may be altered, amended, and/or changed from time to time as in the Court's judgment conditions warrant.
The Clerk of this Court is directed to provide the Sheriff of Marion County and each individual juror a certified copy of this Order forthwith.

On March 12, 1997, Judge Merrifield met with Barbara Core, the Circuit Clerk of Marion County, in his courtroom. The subject of this hearing was a request Clerk Core had made of Judge Merrifield's courtroom clerk, Carol Harris, to put in writing a private conversation Ms. Harris recently had with Judge Merrifield. In response to Clerk Core's acknowledgment that she had made such a request of Ms. Harris, Judge Merrifield invoked his complete control over his courtroom clerk according to Rutledge v. Workman, 175 W.Va. 375, 332 S.E.2d 831 (1985). Specifically, he directed Clerk Core to not place anything in Ms. Harris's personnel file unless he saw it first; to not provide a hostile work environment for Ms. Harris when she is not in his courtroom; to not take any punitive action against Ms. Harris without his written consent; and to not have any meetings with Ms. Harris unless he is present. Judge Merrifield warned Clerk Core that her refusal to comply with Rutledge would result in "appropriate action." Throughout this meeting, Clerk Core stated her objections to these directives.3

On March 14, 1997,4 Judge Merrifield issued a self-titled "General Order" which states:

WHEREAS, the efficient administration of the judicial system is essential to our duty to implement justice in this Circuit, and
WHEREAS, the Circuit Clerk is within the hierarchy of the judicial system, and WHEREAS, the Circuit Clerk is subject to the overall administrative control and direction of the West Virginia Supreme Court of Appeals, and
WHEREAS, except to the extent that the circuit courts are given explicit direction by the Supreme Court of Appeals, the power to control the affairs of the 16th Judicial Circuit is placed solely in the Chief Circuit Judge, and
WHEREAS, the Circuit Clerk is subject to the day-to-day supervision of the Chief Circuit Judge, and
WHEREAS, the Circuit Clerk has an obligation of the utmost good faith in all of her dealings with both Circuit Judges of this 16th Judicial Circuit, and
WHEREAS, Clerks are ministerial attendants of the Circuit Judge, and are under his direction and control, and
WHEREAS, whoever serves as Clerk must submit fully to the direction and control of the Chief Circuit Judge, and
WHEREAS, Circuit Judges are ultimately responsible for any action or inaction of courtroom personnel and only a Circuit Judge can determine whether they are suitable and sufficient for the court's needs, and
WHEREAS, the Circuit Judge must have direct and sole control over the courtroom personnel assigned to his court, and
WHEREAS, secret agreements imposed upon the Courtroom Clerk by the Circuit Clerk without the knowledge of the supervising Circuit Judge should not be encouraged and/or permitted.
WHEREAS, this Order is to be read in compliance with the principles as set forth in Rutledge v. Workman, 332 S.E.2d 831 (1985).
It is therefor ORDERED that each Circuit Judge shall have complete control over the Deputy Clerk assigned to their individual courtroom.
It is further ORDERED that each Circuit Judge shall have the ultimate authority to select and assign as his Courtroom Clerk that individual whom most satisfies his needs from the coterie of deputy clerks. Although the Courtroom Clerk shall remain a Marion County Employee, they nevertheless will serve under the direct control and supervision of the individual Circuit Judge and at his sole will and pleasure.
It is further ORDERED that the Circuit Clerk shall make no decision to fire, promote, demote, discipline and/or transfer any courtroom deputy clerk without the prior consent of the individual Circuit Judge supervising said Courtroom Clerk.
It is further ORDERED that the Circuit Clerk shall not take any punitive action against a Courtroom Clerk which action shall include but not be limited to the assignment of additional duties, reduction in a rate of pay, etc., without the prior consent of the individual supervising Circuit Judge.
It is further ORDERED that the Circuit Clerk shall treat both Courtroom Clerks equally which shall include but not be limited to the same rights, benefits, and responsibilities.
It is further ORDERED that the Circuit Clerk and/or her deputies shall not make any inquiry into any private conversation and/or communication between the individual Circuit Judge and his Courtroom Clerk.
It is further ORDERED that the Circuit Clerk and/or her deputies shall not request and/or require any Courtroom Clerk to put into writing any private conversation and/or communication between said Courtroom Clerk and her individual supervising Circuit Judge.
It is further ORDERED that the Circuit Clerk and/or her deputies shall not provide and/or foster a hostile work environment for any Courtroom Clerk when they are not in the courtroom but doing the work for the individual supervising Circuit Judge.
It is further ORDERED that the Circuit Clerk and/or her deputies will immediately notify the supervising Circuit Judge of any and all information reflecting adversely on the Courtroom Deputy's continued employment with the said supervising judge as his Courtroom Clerk.
It is further ORDERED that the Circuit Clerk will provide for inspection to the supervising Circuit Judge any information and/or document deemed necessary to be placed in the personnel file of the said Courtroom Clerk.
It is further ORDERED that the
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