"Allowing petition signers to both sign a petition and vote in the primary would be allowing them, in effect, to vote twice in the primary," McCullough argues.
Simmons needed 31 signatures on his petition to get his name on the November ballot running as an independent -- 1 percent of the number of people who voted in the previous election for prosecuting attorney.
Simmons got 34 signatures on his petition, including 15 Democrats, 11 Republicans and eight independents, according to McCullough. She argues that only the eight independents had the legal right to sign his petition.
Price and her staff are making arrangements to leave the prosecuting attorney's office in Pocahontas County and Simmons is closing his private law practice in Marlinton, according to McCullough's petition.
Circuit Judges Joseph Pomponio and James Rowe have "ongoing unresolved ethics complaints against" Price, McCullough's petition states, for failing to participate in dozens of legal hearings, many involving drug cases.
Pocahontas County Sheriff David Jonese also accused Price of failing to bring drug cases to trial.
Chief Justice Menis Ketchum recently appointed retired Supreme Court Judge Larry Starcher to hear evidence in these charges against Price. No hearing have been held yet.
McCullough's petition also criticizes Simmons for having been "suspended from the practice of law three times, reprimanded once and admonished twice."
In 2006, Simmons received his third suspension, for 20 days, for failing to complete estate and financial work for four clients. The Supreme Court required him to work under the supervision of another lawyer for one year.
Simmons' previous two suspensions were for six months, issued in November 1990, and one month, issued in November 1995, according to a document the state's Lawyer Disciplinary Board filed with the Supreme Court in 2006.
Reach Paul J. Nyden at pjny...@wvgazette.com or 304-348-5164.