This request is drafted in accordance with State ex rel. Miller v. Smith, 168 W. Va. 745 (1981), which affirms that any citizen has a constitutional right to present a complaint to the grand jury via the circuit court.
IN THE CIRCUIT COURT OF POCAHONTAS COUNTY, WEST VIRGINIA
IN RE: PETITION OF [YOUR NAME], A CITIZEN OF POCAHONTAS COUNTY, TO APPEAR BEFORE THE GRAND JURY
PETITION TO PRESENT COMPLAINT TO THE GRAND JURY
TO THE HONORABLE JUDGE OF THE CIRCUIT COURT:
Pursuant to the holding in State ex rel. Miller v. Smith, 168 W. Va. 745, 285 S.E.2d 500 (1981), the Petitioner, [Your Name], a resident and taxpayer of Pocahontas County, hereby respectfully requests this Court to permit Petitioner to appear before the Grand Jury of Pocahontas County to present evidence regarding potential criminal misconduct and violations of West Virginia law by the members of the Pocahontas County Solid Waste Authority (PCSWA).
I. LEGAL AUTHORITY
The West Virginia Supreme Court of Appeals held in Miller v. Smith that:
"By application to the circuit court, any person may go to the grand jury to present a complaint to it. This right is a fundamental right in our system of jurisprudence."
Petitioner asserts this right to ensure that the public interest is protected against the unlawful creation and enforcement of a private monopoly.
II. BASIS FOR INDICTMENT
Petitioner seeks an investigation into whether the members of the PCSWA have committed Misconduct in Office (W. Va. Code § 61-5-4 et seq.) or Restraint of Trade (W. Va. Code § 47-18-3) through the implementation of "Flow Control" regulations. The evidence involves the following:
1. Illegal Creation of a Private Monopoly
The PCSWA has mandated that all municipal solid waste generated in Pocahontas County must be processed exclusively through a private facility operated by Allegheny Disposal (JacMal, LLC). This "Flow Control" eliminates market competition by prohibiting residents and haulers from seeking more affordable disposal options in neighboring counties.
2. Restraint of Trade and Captive Markets
By permanently closing the public landfill and mandating use of a single private partner, the PCSWA has created a "Price Taker" scenario. This leaves the citizenry vulnerable to "The Hold-Up Problem," where a private entity can prioritize profit over public service, ratcheting up annual rates without the check of a competitive market.
3. Deprivation of Public Benefit for Private Gain
The elimination of the county's monthly "Free Day" in tandem with Flow Control forces residents to pay a private monopoly for services that were previously public and free, while legally barring them from seeking alternatives.
III. PRAYER FOR RELIEF
The Petitioner does not seek to usurps the role of the Prosecutor, but rather to fulfill the citizen's role in the grand jury process as an "informant" for the body of the Grand Jury.
WHEREFORE, the Petitioner respectfully requests that this Court:
Grant the Petitioner's request to appear before the Grand Jury of Pocahontas County at its next session.
Direct the Grand Jury to investigate the actions of the Pocahontas County Solid Waste Authority regarding the legality of the exclusive contract and flow control mechanisms established with Allegheny Disposal.
Respectfully Submitted,
[Your Name]
[Your Address]
[Your Phone Number]
[Date]
Important Procedural Note
Under Miller v. Smith, the role of the Circuit Court is to ensure the application is made in good faith. Once you file this with the Circuit Clerk, the Court should evaluate the request. If the Court finds the application is not "frivolous" or "vexatious," it is required to allow you to present your complaint to the grand jury. You may want to bring documentation of the PCSWA's meeting minutes and the specific "Flow Control" ordinance to your appearance.
Note: Additional names may be added as investigations evolve regarding possible co-conspirators.
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