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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 17. Procedures for Certain Actions Against the State » §55-17-3a. Legislature and Its Presiding Officers Never to Be Named as Parties to a Civil Action in Court

(a) Article V of the Constitution of West Virginia provides that the legislative, executive, and judicial departments of the government of West Virginia shall be separate and distinct, so that neither shall exercise the powers properly belonging to either of the others.

(b) It is an unconstitutional violation of the separation of powers mandated by Article V of the Constitution of West Virginia for:

(1) Any court of this state to issue a writ of mandamus, a writ of prohibition, or an injunction against the Legislature; or