State ex rel. Summerfield v. Maxwell

In State ex rel. Summerfield v. Maxwell, 148 W. Va. 535, 135 S.E.2d 741 (1964), the case in which the Court first determined that issues of a candidate's eligibility could be resolved through mandamus, the Court was asked to resolve whether a non-lawyer was eligible for the office of prosecuting attorney in the absence of a specific constitutional or statutory provision requiring county prosecutors to be lawyers licensed to practice in this state. Before concluding that the non-attorney was not eligible for election to the position of county prosecutor, this Court considered both the law of other states and the strong policy grounds in support of such a ruling. 148 W. Va. at 543-51, 135 S.E.2d at 747-51.