MORGANTOWN - A Wheeling woman says Monongalia Family Court Judge James Jeffrey Culpepper has not taken an active enough stance on her pending case.
Catherine Anna Cassi filed a petition for writ of mandamus Dec. 8 against Culpepper. She says her case has been dormant since Jan. 31, 2003.
"Pursuant to the Circuit Court's order entered Aug. 14, 2002, the parties filed proposed findings of fact and conclusions of law on Jan. 31, 2003," the complaint says. "This matter has been pending without any further activity since that time."
It adds that her counsel has twice requested action on her case but nothing has happened.
Her case involves the custody of child Kasey following Catherine's divorce from John Cassi. It is a petition filed in April 2001 that asks for her child support guidelines to be changed.
It says Kasey was born with severe defects which require constant medical attention and prevent Catherine from working full time. She previously filed her petition in Monongalia Circuit Court but it was remanded to Family Court in August 2002.
West Virginia University student-attorneys T. Clark Rose and William Margelis are representing Cassi, as is Randal Minor of WVU's Clinical Law Program.
Judge Russell Clawges has been assigned the case.
Monongalia Circuit Court case number 06-C-801