State ex rel. McGraw v. Willis, 16514
| Decision Date | 06 December 1984 |
| Docket Number | No. 16514,16514 |
| Citation | 174 W.Va. 118,323 S.E.2d 600 |
| Court | West Virginia Supreme Court |
| Parties | STATE of West Virginia, ex rel. Warren R. McGRAW v. Todd C. WILLIS. |
Syllabus by the Court
The Office of the President of the West Virginia Senate under W.Va. Const. art. VI §§ 18 and 24 and W.Va. Code 4-1-8 [1980] is a distinct and separate office of a two-year duration.
Paul T. Farrell, Huntington, for relator.
Larry W. George, Baer & Colburn, Huntington, for respondent.
The election on 6 November 1984 fueled the fires of excitement among political pundits that His Excellency the Governor of West Virginia, John D. Rockefeller IV, newly elected United States Senator, would resign the governorship early to take his Senate seat on 3 January 1985--the commencement of the United States Senate's term. This possibility confronted West Virginia with the question of who would serve as interim governor because West Virginia does not inaugurate her governor until 14 January 1985.
This case arose in the posture of a writ of mandamus to compel the Clerk of the Senate of the State of West Virginia to continue to pay the relator, Warren McGraw as Senate President, after the conclusion of the current Senate president's term as a member of the Senate. However, this case really is about gubernatorial succession.
Although Governor Rockefeller has emphatically denied any intention to vacate his office prematurely, the petition in this case was filed before the Governor's announcement and, because it is foreseeable that the question of succession may surface again, the case is ripe for adjudication.
Ordinarily, the State faces no dilemma. W.Va. Const. art. VII, § 16 and W.Va. Code 3-10-2 [1977] provide that upon the resignation of the Governor, the President of the Senate acts as governor "until the vacancy is filled." However, the current President of the Senate, the petitioner in the case before us, did not seek reelection to his West Virginia Senate seat. The petitioner's term as Senator expires on 30 November 1984. It is, nonetheless, the opinion of this Court that the petitioner's term as President of the West Virginia Senate continues until our Senate reconvenes in regular session on 9 January 1985 and his successor is sworn into office under W.Va. Const. art. VI, § 18. Therefore, should a vacancy in the office of Governor arise the President of the West Virginia Senate would become this State's chief executive.
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...possibility exists that Mr. Appleby may receive a recidivist sentence, we address his claims. See, e.g., State ex rel. McGraw v. Willis, 174 W.Va. 118, 119, 323 S.E.2d 600, 600 (1984) ("[B]ecause it is foreseeable that the question ... may surface again, the case is ripe for adjudication.")......
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...is elected and qualified, irrespective of the results of such election. W. Va.Code § 4-1-8 (1980); see State ex rel. McGraw v. Willis, 174 W.Va. 118, 323 S.E.2d 600 (1984). 2. Petitioner Rist relies upon the statutory mandamus remedy provided by W. Va.Code § 3-1-45 (1963) ("A mandamus shall......
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