Does a West Virginia county courthouse have to close on Juneteenth if the governor doesn't recognize it as a state holiday, and do deputy sheriffs get overtime that day?

Plain-English summary

Berkeley County's prosecuting attorney asked the AG what to do for Juneteenth 2025 once it became clear Governor Morrisey would not recognize it as a state holiday. The question split into three parts. First, must the courthouse close? Second, can the commission still order its employees to work? Third, must the sheriff pay deputies overtime?

The AG separated state holidays from federal ones. State law gives counties the right to set courthouse hours, but West Virginia Code § 7-3-2 bars commissions from keeping courthouses "open for business" on national holidays. Juneteenth has been a federal "legal public holiday" under 5 U.S.C. § 6103(a) since President Biden signed S.475 in June 2021. So the courthouse must close to the public regardless of the governor's silence.

That does not mean the building has to be empty. Commissions can require their own direct-report employees, like maintenance, finance, and HR staff, to come to work on a closed day. The commission cannot, however, make that call for the people who work for the sheriff, county clerk, circuit clerk, assessor, or prosecuting attorney. Those constitutional officers run their own offices. Webster County Commission v. Clayton (1999) and State ex rel. Farley v. Spaulding (1998) draw the line: the commission sets the budget, but the elected official sets the schedule.

Overtime is the harder piece. West Virginia Code § 7-14-17e requires deputies who work on a "legal holiday" to receive overtime or comp time. Juneteenth is not on the state's enumerated list (a 2024 bill to add it died) and gets onto that list only via § 2-2-1(a)(15), which captures days "proclaimed or ordered by the President" as observance days. Under Mitchell v. City of Wheeling (1998), a presidential proclamation only counts if it cites authority to create a holiday or uses § 2-2-1's language and signals an intent to apply to all citizens. President Trump had not yet issued a 2025 Juneteenth proclamation when the AG wrote, so the office could not say whether overtime would apply. The conclusion: maybe, watch for the proclamation.

What this means for you

County commissioners

The opinion concludes that § 7-3-2 requires courthouse closure on national holidays, and that Juneteenth is a federal "legal public holiday" under 5 U.S.C. § 6103(a). The opinion treats the closure as mandatory regardless of whether the governor designates Juneteenth as a state holiday. Under the opinion, the commission retains authority to require employees under its direct supervision (e.g., maintenance, finance, HR) to report to work on the closed day, but cannot direct the staff of independently elected officials (sheriff, county clerk, circuit clerk, assessor, prosecuting attorney) to work.

Sheriffs, county clerks, circuit clerks, assessors, and prosecuting attorneys

The opinion concludes that constitutional officers retain authority over their own office's personnel under § 7-7-7, Webster County Commission v. Clayton (1999), and State ex rel. Farley v. Spaulding (1998), and that the commission's role is limited to budget-setting and confirming appointees. Whether deputies are entitled to overtime under § 7-14-17e depends on whether the President issues a proclamation that satisfies the Mitchell v. City of Wheeling (1998) test.

Deputy sheriffs and county constitutional-officer staff members

The opinion concludes that Juneteenth is not on the enumerated list of state legal holidays in § 2-2-1 and reaches that status only through the residual clause for presidential proclamations in § 2-2-1(a)(15). Whether overtime applies under § 7-14-17e turns on the language of any presidential proclamation under the Mitchell v. City of Wheeling test.

County HR and payroll administrators

The opinion separates two questions: (1) public-facing courthouse closure is required by § 7-3-2 because Juneteenth is a federal holiday; (2) internal staffing is split between commission direct-reports (set by the commission) and constitutional-officer staff (set by the elected official). The opinion treats the overtime question as turning on the presidential proclamation under Mitchell v. City of Wheeling.

Citizens

Under the opinion, county courthouses and annexes must be closed to the public on Juneteenth because the day is a federal "legal public holiday" under 5 U.S.C. § 6103(a) and § 7-3-2 forbids commissions from keeping courthouses open for business on national holidays.

Common questions

Q: Does West Virginia recognize Juneteenth as a state holiday?
A: Not as of this opinion. The Legislature considered adding it (H.B. 5638 in 2024) but did not pass the bill. The governor's office made clear it would not declare June 19, 2025 a state holiday.

Q: Then why does the courthouse have to close?
A: Because Juneteenth is a federal "legal public holiday" under 5 U.S.C. § 6103(a), and West Virginia Code § 7-3-2 prohibits county commissions from keeping courthouses "open for business" on national holidays. Federal status does the work, not state designation.

Q: Can the county commission make its employees come to work that day?
A: Yes, for employees who report to the commission directly (maintenance, finance, planning, HR). No, for employees of independently elected county officials. The commission has supervisory authority over its own staff but not over the staff of constitutional officers.

Q: Will deputy sheriffs get overtime for working Juneteenth?
A: Only if the President issues a proclamation that, in the words of Mitchell v. City of Wheeling, "clearly" expresses an intent to create a holiday or special day of observance for all citizens. Without that proclamation, Juneteenth is not a "legal holiday" under W. Va. Code § 2-2-1, and § 7-14-17e overtime does not kick in.

Q: What is the difference between a federal "legal public holiday" and a West Virginia "legal holiday"?
A: The federal designation in 5 U.S.C. § 6103(a) is what triggers the courthouse closure under § 7-3-2. The state "legal holiday" definition in § 2-2-1 is a separate list, and only days on that list (or captured by the presidential-proclamation residual clause in § 2-2-1(a)(15)) trigger overtime obligations under § 7-14-17e. Juneteenth is on the federal list but not the state list.

Q: Can a county commission force the sheriff to keep the office staffed?
A: No. The sheriff is a constitutional officer under W. Va. Const. art. IX. The commission's authority over the sheriff's personnel is limited under § 7-7-7 to setting overall office budgets and confirming or refusing to confirm appointees. All other personnel decisions, including who works which day, belong to the sheriff.

Background and statutory framework

West Virginia counties operate under a layered authority structure. Article IX, § 11 of the West Virginia Constitution gives commissions the "superintendence and administration of the internal police and fiscal affairs of their counties," but the Supreme Court of Appeals has read that grant narrowly. Under State ex rel. State Line Sparkler v. Teach (1992), commissions have only the powers "expressly conferred by the Constitution and legislature, together with such as are reasonably and necessarily implied." Within that envelope, the commission gets "wide discretion" (Cummings, 2011), and substantial implied authority (Spaulding, 1998).

The courthouse-hours rule lives at § 7-3-2: commissions regulate the hours that courthouses and annexes are "open to the public," but "[i]n no case[,] may the county commission" keep them "open for business on … national … holidays." State ex rel. Morgan v. Miller (1986) confirmed the closure obligation. Once Juneteenth became a federal "legal public holiday" via the Juneteenth National Independence Day Act in June 2021, § 7-3-2 swept it into the closure rule.

The internal-staffing analysis splits between commission-supervised and constitutional-officer-supervised employees. Sections 7-1-3 and 7-1-5 give commissions broad authority over their own departments and the implied power to set hours and place of work. But Webster County Commission v. Clayton (1999) and State ex rel. Farley v. Spaulding (1998) hold that this authority does not reach constitutional officers. Under § 7-7-7, the commission sets budgets and confirms appointees; everything else is the elected official's call. Amoroso v. Marion County Commission (1983) recognized "joint employer" status, but the case still preserves the official's primacy over personnel decisions.

The overtime piece runs through § 7-14-17e, which entitles deputies to comp time or overtime when they work a "legal holiday." "Legal holiday" is defined in § 2-2-1, an enumerated list. Juneteenth is not enumerated. The only path onto the list is § 2-2-1(a)(15), which adds days proclaimed by "the President of the United States as a day of special observance or Thanksgiving, or a day for the general cessation of business." Mitchell v. City of Wheeling (1998) sets the test for what counts: the proclamation must cite holiday authority or use § 2-2-1's language, and must show clear intent to apply to all citizens. The AG could not say whether the 2025 presidential proclamation, if issued, would meet the Mitchell test. So the overtime answer is contingent on facts the office did not yet have.

Citations and references

Statutes and Constitution:

• W. Va. Code § 5-3-2 (AG advice to prosecuting attorneys)
• W. Va. Code § 7-3-2 (Courthouse hours; national-holiday closure)
• W. Va. Code § 7-1-3 (County commission management)
• W. Va. Code § 7-1-5 (Supervision of fiscal affairs)
• W. Va. Code § 7-7-7 (County officials' personnel authority)
• W. Va. Code § 7-14-17e (Sheriff overtime on legal holidays)
• W. Va. Code § 2-2-1 (Legal holidays)
• 5 U.S.C. § 6103(a) (Federal public holidays)
• Juneteenth National Independence Day Act, S.475, 117th Cong., 135 Stat. 287 (2021-2022)
• W. Va. Const. art. IX, § 11 (County commission powers)
• W. Va. Const. art. VIII, § 9 (Constitutional county officers)

Cases:

• State ex rel. State Line Sparkler of WV, Ltd. v. Teach, 187 W. Va. 271, 418 S.E.2d 585 (1992)
• State ex rel. Morgan v. Miller, 177 W. Va. 97, 350 S.E.2d 724 (1986) (closure on national holidays)
• Mitchell v. City of Wheeling, 202 W. Va. 85, 502 S.E.2d 182 (1998) (test for presidential-proclamation legal holidays)
• Cnty. Comm'n of Greenbrier Cnty. v. Cummings, 228 W. Va. 464, 720 S.E.2d 587 (2011)
• State ex rel. Farley v. Spaulding, 203 W. Va. 275, 507 S.E.2d 376 (1998)
• Amoroso v. Marion Cnty. Comm'n, 172 W. Va. 342, 305 S.E.2d 299 (1983)
• Webster Cnty. Comm'n v. Clayton, 206 W. Va. 107, 522 S.E.2d 201 (1999)
• Berkeley Cnty. Comm'n v. Shiley, 170 W. Va. 684, 295 S.E.2d 924 (1982)

Source

• Landing page: not separately published (the PDF is the official record)
• Original PDF: https://ago.wv.gov/media/37567/download?inline

Original opinion text

State of West Virginia
Office of the Attorney General
John B. McCuskey
Attorney General

Phone: (304) 558-2021
Fax: (304) 558-0140
June 16, 2025

The Honorable Joseph R. Kinser
Berkeley County Prosecuting Attorney
390 West South Street, Suite 1100
Martinsburg, W. Va. 25401
Dear Prosecutor Kinser:
You have asked for an Opinion of the Attorney General concerning local office procedures
and holiday benefits for June 19, 2025, "Juneteenth," if Governor Morrisey does not declare the
day a state holiday. We understand from public reports that Governor Morrisey will not recognize
Juneteenth as a state holiday.
This Opinion is being issued under West Virginia Code Section 5-3-2, which provides that
the Attorney General "may consult with and advise the several prosecuting attorneys in matters
relating to the official duties of their office." When this Opinion relies on facts, it depends solely
on the factual assertions in your correspondence with the Office of the Attorney General.
You have asked the following legal questions:

1. If the Governor does not recognize Juneteenth as a state holiday,
   must the Berkeley County Commission close the county courthouse
   and annexes pursuant to West Virginia Code Section 7-3-2 on that
   day?
2. If the courthouse and annexes must be closed, can the Berkeley
   County Commission still require employees to work on Juneteenth?
3. If the Governor does not recognize Juneteenth, is the day a "legal
   holiday" within the definition of West Virginia Code Section 2-2-1,
   which would require the county commission to pay deputy sheriffs
   overtime pay?

We conclude that the Berkeley County Commission must close its courthouse and annexes
on Juneteenth. The Commission can, in its discretion, still require its own employees to report to
work on Juneteenth. It cannot, however, require employees of duly elected county officials to
report to work.

Separately, whether Juneteenth is a "legal holiday" under West Virginia Code Section 2-2-1
depends on whether the President issues a proclamation recognizing it as a national holiday or day
of observance. If the President does not issue a proclamation recognizing Juneteenth as a day of
observance or holiday, the day will not be "legal holiday" for purposes of West Virginia law, and
the Commission will not have to pay overtime to deputy sheriffs. But without seeing the language
of any presidential proclamation, we cannot yet say whether it meets the requirements set out in
Section 2-2-1.

Discussion

The Berkeley County Commission, like all county commissions, has limited powers. It is
"created by statute, and possessed only of such powers as are expressly conferred by the
Constitution and legislature, together with such as are reasonably and necessarily implied in the
full and proper exercise of the powers so expressly given." Syl. Pt. 1, State ex rel. State Line
Sparkler of WV, Ltd. v. Teach, 187 W. Va. 271, 272, 418 S.E.2d 585, 586 (1992); see generally W.
VA. CONST. art. IX, § 11 ("Powers of county commissions"). Simply, a county commission "can
only do those things that are authorized and only in the manner or mode prescribed by law."
Berkeley Cnty. Comm'n v. Shiley, 170 W. Va. 684, 685, 295 S.E.2d 924, 926 (1982). Where a
county commission does possess power, it has "wide discretion" in execution. Syl. Pt. 1, Cnty.
Comm'n of Greenbrier Cnty. v. Cummings, 228 W. Va. 464, 466, 720 S.E.2d 587, 589 (2011).
Thus, where a county commission has broad express powers, it enjoys substantial implied authority
as well. See, e.g., State ex rel. Farley v. Spaulding, 203 W. Va. 275, 283, 507 S.E.2d 376, 384
(1998) (finding implied authority to employ security personnel at a statutorily required judicial
facility).

Considering these standards, the Commission must close its courthouse and annexes to the
public on Juneteenth. The Legislature has entrusted county commissions with the power to
regulate the hours that courthouses and annexes are "open to the public." W. Va. Code § 7-3-2.
But "[i]n no case[,] may the county commission" keep courthouses and annexes "open for business
on . . . national . . . holidays." W. Va. Code § 7-3-2; State ex rel. Morgan v. Miller, 177 W. Va. 97,
103-04, 350 S.E.2d 724, 731 (1986). In other words, courthouses and annexes must be closed to
the public on national holidays. See Open for Business, MERRIAM-WEBSTER.COM,
https://tinyurl.com/4vf9ejwd (last visited June 11, 2025) (defining "open for business" as "able to
be entered and used by customers"). And Juneteenth is a national holiday. On June 17, 2021,
President Biden signed the Juneteenth National Independence Day Act into law, which officially
made June 19 a federal "legal public holiday." 5 U.S.C. § 6103(a); S.475, 117th Cong., 135 Stat.
287 (2021-2022).

But the Commission retains discretion over whether to require its own employees to report
to work on Juneteenth. The Commission has the power to manage the day-to-day activities of
employees under its direct supervision. See W. Va. Code § 7-1-3. The Commission is
constitutionally and statutorily charged with managing the fiscal affairs and the general business
of the county. W. VA. CONST. art. IX, § 11 (establishing duty of county commission over "the
superintendence and administration of the internal police and fiscal affairs of their counties");
W. Va. Code § 7-1-3 (providing, in part, that county commissions "shall . . . have the
superintendence and administration of the internal police and fiscal affairs of their counties");
W. Va. Code § 7-1-5 (establishing duty of county commissions "to supervise the general
management of the fiscal affairs and business of each county"). Necessarily, then, the Commission
has the implied authority to carry out its function by hiring, supervising, and setting work
conditions for staff in departments that report directly to it, such as maintenance, finance, planning,
and human resources. See Farley, 203 W. Va. at 283-84, 507 S.E.2d at 384-85 (holding that hiring
of security personnel was within constitutional power). This authority includes establishing hours
and place of work.

The same does not go for employees of independently elected county officials, such as the
sheriff, county clerk, circuit clerk, assessor, and prosecuting attorney. These county officials are
Constitutional officers with statutory autonomy. See W. VA. CONST. art. IX, §§ 1, 9; W. VA. CONST.
art. VIII, § 9; W. Va. Code § 7-7-7. Although county commissions and the county officials are
"joint employers" of the county officials' employees, Amoroso v. Marion Cnty. Comm'n, 172 W.
Va. 342, 346, 305 S.E.2d 299, 303 (1983), the county commission may not "impair or supplant"
county officials' power over their own personnel. See Syl. Pt. 6, Farley, 203 W. Va. at 277, 507
S.E.2d at 378. County commissions' authority with respect to officials' staff is "limited." Id.

Under West Virginia Code Section 7-7-7, county commissions are only authorized to set
the overall budgets of county officials' offices and to serve as the "ultimate authority . . . to confirm
or refuse to confirm" officials' appointees. W. Va. Code §§ 7-7-7(a), (c); Webster Cnty. Comm'n
v. Clayton, 206 W. Va. 107, 113, 522 S.E.2d 201, 207 (1999). All other personnel decisions are
committed to the sound discretion of the county officials. See, e.g., W. Va. Code §§ 7-7-7(d), (h)
(expressly reserving salary decisions and terminations to county officials). Just as the Commission
has the authority to manage its own employees, so too do the county officials; the authority to
operate their own offices is implied in their Constitutional and statutory duties. See, e.g., W. VA
CONST. art. IX, § 1 (creating county prosecutor role); W. Va. Code § 7-4-1 (providing that the
prosecuting attorney "shall attend to the criminal business" of the county); see also Webster Cnty.
Comm'n, 206 W. Va. at 207 n.9, 522 S.E.2d at 113 n.9 (encouraging county commissions to defer
to county officials on hiring decisions in recognition of their "esteemed status"). Accordingly,
county officials have final authority over whether their staff members are required to report to
work on Juneteenth.

Finally, we cannot yet say whether Juneteenth is a "legal holiday" under West Virginia
Code Section 2-2-1, such that deputy sheriffs would be entitled to overtime pay. Under West
Virginia Code Section 7-14-17e, sheriffs must give deputies who work on "legal holidays" either
equal time off or overtime pay. W. Va. Code § 7-14-17e. Juneteenth is not an expressly enumerated
state holiday; a legislative effort to add it to the list failed in 2024. See H.B. 5638 (W. Va. 2024).
But West Virginia's "legal holidays" include, in relevant part, "[a]ny day proclaimed or ordered by
. . . the President of the United States as a day of special observance or Thanksgiving, or a day for
the general cessation of business." W. Va. Code § 2-2-1(a)(15). Still, not just any proclamation
will do. To create a "legal holiday" through a proclamation or order, the President must make his
intention to do so "clear" by "either citing clear authority to create a holiday or using the applicable
language of W. Va. Code, 2–2–1, and by expressing a clear intent that the holiday is to be for all
citizens." Syl. Pt. 3, Mitchell v. City of Wheeling, 202 W. Va. 85, 86, 502 S.E.2d 182, 183 (1998).

So, for Juneteenth to be a "legal holiday" on which deputy sheriffs are entitled to overtime
pay, there must be a Presidential proclamation or order that clearly expresses an intent to create a
holiday or a special day of observance that is for all citizens. Id. President Donald Trump has not
yet issued a proclamation related to Juneteenth, and we can't predict whether he will. If President
Trump does not issue a proclamation naming Juneteenth as a day of observance or holiday, the day
will not be a "legal holiday" for West Virginia. Deputy sheriffs will not be entitled to overtime
pay. If the President does issue a proclamation, the language of the proclamation will govern. But
without that language in hand, we cannot yet say whether the proclamation would create a "legal
holiday."

Conclusion

In sum, the Commission must close its courthouse and annexes to the public on Juneteenth.
It can require its direct-reports to come to work on that day, but it cannot require other county
officials' employees to do the same. But we cannot yet determine whether the county will be
required to pay deputy sheriffs overtime that day.

Sincerely,

John B. McCuskey
Attorney General
Michael R. Williams
Solicitor General
Holly J. Wilson
Principal Deputy Solicitor General