Wade Painter v. David Ballard, Warden

Summary

The Supreme Court of Appeals of West Virginia held that a warden may deduct funds provided to an inmate by family or friends to satisfy court-ordered restitution under West Virginia Code § 25-1-3c(c)(1). The court concluded that the regulatory exclusion of such funds from “earnings” in Division of Corrections Policy Directive 111.06 was arbitrary and capricious and could be disregarded. The court affirmed the restitution-related disposition but reversed the lower court’s conclusions regarding venue and jurisdiction.

Holdings

1. A petition for writ of mandamus seeking to compel the warden, a state official, to perform a nondiscretionary legal duty concerning inmate-account deductions is properly and exclusively filed in the Kanawha County Circuit Court, which has jurisdiction over mandamus proceedings against state officials.
2. West Virginia Code section 25-1-3c(c)(1) permits the Division of Corrections to deduct up to 40 percent of funds provided to an inmate by family or friends for payment of court-ordered restitution.

Questions Presented

1. Whether a petition for writ of mandamus against the warden of a state correctional facility was properly filed in the Kanawha County Circuit Court.
2. Whether West Virginia Code section 25-1-3c(c)(1) permits the Division of Corrections to deduct up to 40 percent of funds provided to an inmate by family or friends to satisfy court-ordered restitution.
3. Whether the exclusion of funds provided by family or friends from the definition of earnings in Policy Directive 111.06 is an arbitrary and capricious legislative rule provision that may be disregarded.

Disposition

other