Farber v. Douglas
In Farber v. Douglas, 178 W. Va. 491, 361 S.E.2d 456 (1985), the Court held that a prosecutor should have disqualified himself from seeking an indictment for false swearing against a defendant whose alleged conduct arose in connection with a civil case in which the prosecutor was an adverse party. Id. at 496, 361 S.E.2d at 461.
As to the remedy for such conduct, the Farber Court concluded that "since the prosecutor should have disqualified himself as a matter of law from seeking this indictment, his presence before the grand jury in this matter was unauthorized and vitiates the indictment." Id.