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Attorney General Patrick Morrisey’s office will argue in front of the West Virginia Supreme Court for the ability to assist county prosecutors who request help with criminal cases.
A hearing is set for Sept. 30.
In a June petition, Morrisey asked the court to prohibit enforcement of a legal opinion by two state entities saying his office’s lawyers can’t serve as assistant prosecutors.
The state Office of Disciplinary Counsel and Lawyer Disciplinary Board, both petition respondents, say the attorney general lacks statutory or constitutional authority to assist county prosecutors with criminal cases.
The state Prosecuting Attorneys Association also opposes Morrisey’s request.
In June, Preston County Prosecuting Attorney Mel Snyder asked Morrisey for help. Snyder wrote to Morrisey that sexual assault, drug crime and public corruption cases had overwhelmed his office.
