IN THE CIRCUIT COURT OF CABELL COUNTY, WEST VIRGINIA / Jay Lawrence Smith, an individual c O P Y Plaintiff, Civil Action No, {© - SB Honorable, Judge 1s ALFRED E, FERGUSON Sean K. “Corky Hammers, in his capacity as the Prosecuting Attomey of Cabell County, and ‘The Cabell County Prosecuting Attorney*s Office, a division of the Cabell County Commission Defendants ‘COMPLAINT FOF DECLARATORY AND INJUNCTIVE RELIEF Now comes the Plaintiff, Jay Lawrence Smith, who states as follows: PARTIES 1. Jay Lawrence Smith (“Smith”) is a resident of Hurricane, Putnam County, West Virginia. 2. Smith is a free-lance legal researcher, and journalist whose principal place of business is in South Charleston, Kanawha County, West Virginia. 3. Defendant Sean K. “Corky” Hammers (“Hammers”) is a resident of Barboursville, Cabell County, West Virginia. 4, Following his admission to the West Virginia State Bar on September 27, 1993, ‘Hammers (W. Va. Bar ID No. 6324) served as an assistant prosecuting attomey for Cabell County from 1997 until February 20145. On or about February 27, 2014, the Cabell County Commission (“the Commission”) appointed Hammers the prosecuting attorney of Cabell County to fill the vacancy of Christopher D. Chiles (“Chiles”) following his appointment by then-Gov. Earl Ray Tomblin (“Tomblin”) the month earlier to fill the vacancy of Cabell Circuit Judge Dan O” Hanlon. 6. The following November, Hammers successfully ran in the general election to fill Chiles’ unexpired term, In the 2016 general election, Hammers won re-election to a full term. 7. Defendant Cabell County Prosecuting Attomey’s Office (“prosecutor's office”) provides support, including personnel, to Hammers in the discharge of his duties as prescribed by W. Va, Code § 7-4-1, et. seq, through tax revenue provided by the Commission. Its principal location is 750 Fifth Ave., Suite 350, Huntington, West Virginia 25701. 8. Along with Hammers, the Commission is the co-employer of personnel hired to work in the prosecutor's office, and, as such, responsible for their acts and/or omissions. 9. In addition to the laws of the state of West Virginia, Hammers and attorney-members of the prosecutor's office are subject to the West Virginia Rules of Professional Conduct (“Rules”). 10. As the conduct complained of, and as more particularly set forth herein, occurred in Cabell County, this matter is properly venued with this CourtFACTUAL BACKGROUND 11. Smith reincorporates the allegations set forth in paragraphs 1-10. 12. On or about Monday, February 5, 2018, Smith called the prosecutor's office to inquire about “moonlighting” conducted by attorney-members, 13, When nobody answered the phone, he lefi a voice-message. 14, In his message, Smith requested Hammers make available for inspection the following: L. All documents, including those in electronic format exchanged between the Cabell County Prosecutor’s Office, and any individual and/or entity in the United States from Jan. 1, 2014 to present regarding any assistant prosecuting attorney conducting legal work outside his or her regular, and normal duties. Il. All polices and procedures regarding assistant prosecuting attomeys conducting legal work outside his or her regular, and normal duties. 15. Pursuant to the state Freedom of Information Act - W. Va. Code § 29B-I-1, et. seq. - a records custodian is required to respond to a request within five business days. 16. Pursuant to W. Va. Code § 29B, a verbal request is a valid request for information. 17. On or about June 7, 2015, H.B. 2636 became law. Passed during the previous legislative session, and signed by Tomblin, H.B. 2636 made revisions to W. Va. Code § 29B.