W. Va. Code § 5-3-2

Section 5-3-2 requires the attorney general to appear as counsel for the state in state supreme court and federal cases in which the state is interested.

Farmer v. McBride · filed 2006-04-26

McBride was properly represented by the Attorney General’s Office in West Virginia, which possesses clear statutory authority to represent such state officials in federal habeas proceedings, and there is no dispute that the Attorney General received notice. ... W. Va. Code § 5-3-2 (providing that “[t]he attorney general shall appear as counsel for the state in all causes pending in the supreme court of appeals, or in any federal court, in which the state is interested. . . .”). Accordingly, the district court had no obligation to notify the Prosecuting Attorney in addition to the Attorney General of the pending proceedings or the magistrate judge’s findings and recommendation.

Section 5-3-2 requires the Attorney General, upon a state officer's written request, to institute and prosecute necessary civil actions and proceedings for the State in carrying out that officer's official duties.

Perry v. Barker · filed 1982-03-18

Thus upon written request, the Attorney General has a duty to proceed as attorney for the Commissioner.

Section 5-3-2 requires the Attorney General to represent the State as counsel in all cases pending in the West Virginia Supreme Court of Appeals or a federal court in which the State has an interest.

Knotts v. Marra · filed 2022-02-18

Far from a lack of supervision, the Attorney General’s Office was fulfilling its constitutionally mandated duty to represent the legal interests of the State in Plaintiff’s appeal.

Section 5-3-2 requires the Attorney General to act as the State’s representative and legal counsel in the proceedings and state-officer matters described by the statute.

State Ex Rel. Caryl v. MacQueen · filed 1989-11-03

West Virginia Code §§ 5-3-1 and 5-3-2 (1987) make it equally clear that the Attorney General is required to act as the representative and legal counsel on behalf of the State of West Virginia.

Section 5-3-2 limits the Attorney General’s authority over county prosecuting attorneys to consultation and advice, obtaining reports, and certain requested or nonconflicting assignments.

Gardner v. Kanawha County, West Virginia · filed 2020-08-07

The West Virginia AG can only provide special prosecuting attorneys when requested by a prosecuting attorney and can “require the several prosecuting attorneys to perform, within the respective counties in which they are elected, any of the legal duties required to be performed by the attorney general which are not inconsistent with the duties of the prosecuting attorneys as the legal representatives of their respective counties.” W. Va. Code § 5-3-2. These limited state powers over the Prosecuting Attorney are outweighed by the autonomy given to the Prosecuting Attorney under West Virginia law, so the second factor also weighs against immunity.

Section 5-3-2 lets the Attorney General require a prosecuting attorney from another county to perform the Attorney General's legal duties when the local prosecuting attorney's duties conflict or the attorney is disqualified.

Manchin v. Browning · filed 1982-09-16

If, in the course of advising or counseling a state officer involved in litigation, it becomes apparent that the Attorney General is unable to adequately represent the officers as required by law or that such representation would create professional conflicts or adversity, the Attorney General must appoint counsel to represent such officer. The Legislature has made provision for such appointment. By the terms of W.Va.Code § 5-3-2, the Attorney General may require the several prosecuting attorneys to perform, within the respective counties in which they are elected, any of the legal duties required to be performed by the attorney general which are not inconsistent with the duties of the prosecuting attorneys as the legal representatives of their respective counties; when the performance of any such duties by the prosecuting attorney conflicts with his duties as the legal representative of his county, or for any reason any prosecuting attorney is disqualified from performing such duties, the attorney general may require the prosecuting attorney of any other county to perform such duties in any county other than that in which such prosecuting attorney is elected .... W.Va.Code § 7-4-1 (1976 Replacement Vol.) requires prosecuting attorneys to comply with such a request. In addition, the Attorney General may make provisions for appointment of other of his staff to the case, or he may hire, out of his own appropriated budget, outside counsel as assistant attorneys general to act as the legal representatives of such officer if the conflict or adversity is of such magnitude that the Attorney General’s staff and the prosecuting attorneys are unable to represent adequately the position of the defendant officer. W.Va.Code § 5-3-3 (1979 Replacement Vol.).

Section 5-3-2 permits a county prosecutor to appoint attorneys from the Attorney General’s office as special prosecutors for cases involving a state correctional institution only when a circuit judge or Supreme Court justice finds extraordinary circumstances there and inadequate prosecutorial resources.

SER Patrick Morrisey, Attorney General v. W. Va. Ofc. of Disciplinary Counsel, etc. · filed 2014-10-15

The appointment authority granted to prosecutors under the statute cannot be invoked unless a circuit court judge or Justice from this Court find that “extraordinary circumstances” exist at a state correctional institution, and the prosecutor’s office cannot fully prosecute cases because of budget constraints.