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WV: If Asked, AG Will Give Opinion on Byrd Seat

From Charleston Gazette:

Attorney General Darrell McGraw believes West Virginia state law requires state officials, including Gov. Joe Manchin, to seek his opinion about the proper legal process to fill the Senate vacancy created by the passing of Sen. Robert C. Byrd, D-W.Va.

But so far, no one has asked McGraw and his staff for their legal advice.

“Under the law, the attorney general is expected to provide an opinion on legal issues that confront the executive branch of government and, in a limited way, other branches of government,” McGraw said during a Monday interview.

“This is significant because it is the attorney general who is required by law to defend that officer if that officer is sued,” McGraw stressed. “This process should have been observed.”

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