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STATE OF WEST VIRGINIA
At a Regular Term of the Supreme Court of Appeals continued and held at
Charleston, Kanawha County, on the 1st day of December, 2004, the following order was
made and entered:
State of West Virginia ex rel.
Mary Ann Podelco,
vs.) No. 31793
Earl Ray Tomblin, President of the Senate; Robert S.
Kiss, Speaker of the House of Delegates; and Office
of the Governor of the State of West Virginia;
Richard Alker, Executive Director of The West
Virginia Ethics Commission; Glenn Gainer, the
Auditor of the State of West Virginia; John Perdue,
Treasurer of the State of West Virginia; Gregory
Gray, Clerk of the West Virginia House of Delegates;
and Darrell Holmes, Clerk of the West Virginia
On a former day, to-wit, May 17, 2004, came the petitioner, Mary Ann Podelco, by
Daniel F. Hedges, her attorney, and presented to the Court her petition for a writ of
mandamus to be directed against Earl Ray Tomblin, President of the Senate; Robert S. Kiss,
Speaker of the House of Delegates; the Office of the Governor of the State of West Virginia;
and Richard Alker, Executive Director of The West Virginia Ethics Commission.
Upon consideration whereof, the Court, on June 29, 2004, did issue a rule directed
against the respondents, and received the written responses of the respondents; and
thereafter, on November 9, 2004, this Court heard oral argument on the petition. Upon
consideration whereof, the Court is of the opinion to transfer the rule to show cause
previously issued by this Court to the Circuit Court of Kanawha County for further
proceedings as set forth herein.
First, the Auditor and Treasurer of the State of West Virginia, and the Clerks of the
West Virginia House of Delegates and the West Virginia Senate are hereby made additional
respondents in this case.
Second, the rule to show cause is hereby returnable to the Circuit Court of Kanawha
County for random assignment to a judge of that circuit, and said judge is directed to
conduct such proceedings and take evidence as is necessary to develop a complete record
and make recommended findings of fact and conclusions of law on the issue of whether the
requirements of Syllabus Points 5 and 6 of State ex rel. The League of Women Voters of W.
Va. v. Tomblin
, 209 W. Va. 565, 550 S.E.2d 355 (2001) have been fully met and complied
with since the issuance of that opinion, and on the circumstances of and reasons for any non-
Third, this Court requests that the recommended findings and conclusions be
transmitted to this Court by March 1, 2005, or as soon thereafter as possible, to be further
reviewed by this Court; provided that, this Court recognizes the provisions of W. Va. Code,
4-1-17 , and also that these provisions may be waived.
Fourth, the approval or adoption of the Budget Digest for the Fiscal Year 2006 (July
1, 2005 to June 30, 2006) be, and hereby is, stayed, pending the receipt of the findings and
conclusions from the circuit court and further order of this Court.
Fifth, the circuit court may add such additional parties or dismiss any unnecessary
parties as the circuit court may deem proper.
Service of an attested copy of this order upon the respondents shall have the same
effect as the service of a formal writ.
A True Copy
Clerk, Supreme Court of Appeals