State ex rel. Dodrill v. Scott

In State ex rel. Dodrill v. Scott, 177 W. Va. 452, 352 S.E.2d 741 (W. Va. 1986), the Commissioner, Department of Corrections, the warden and associate warden of the Huttonsville Correctional Center sought a writ of prohibition from the Court to prohibit the Circuit Court of Jackson County from finding the petitioners in contempt of court for complying with an executive order of the Governor in refusing to admit inmates to the Correctional Center. In Dodrill, four convicted felons had been ordered by the Circuit Court of Jackson County to be remanded to the custody of the Commissioner of Corrections for confinement in the penitentiary of this state. However, based upon the authority of the executive order, neither the Huttonsville Correctional Center nor the Department of Corrections would accept custody of the four inmates despite the commitment orders of the Circuit Court of Jackson County. The petitioners in seeking a writ of prohibition from this Court contended that under W. Va. Code 14-2-2(1976), the proper venue for the contempt proceedings against them was the Circuit Court of Kanawha County and not the Circuit Court of Jackson County. The Dodrill Court disagreed, stating: "The contempt proceedings were ancillary to a criminal action over which the Circuit Court of Jackson County had jurisdiction and for which that court was the proper venue. W. Va. Code 61-5-26 1923 provides the circuit court with the power to hold in contempt any person disobeying a lawful order issued in a case in which the court has jurisdiction and venue is proper. Because we believe that W. Va. Code 14-2-2 1976 applies only to original proceedings against a state official, we hold that it does not mitigate the authority granted to the circuit courts by W. Va. Code 61-5-26 1923." (Dodrill, 177 W. Va. at 459-60, 352 S.E.2d at 748.)