The Court framed its decision broadly and held that court reporters do not exercise the kind of judgment that is protected by the doctrine of judicial immunity. Id. at 437; see also State ex rel. Philyaw v. Williams, 438 S.E.2d 64, 67 (W.Va. 1993) (recognizing Antoine and cautioning that court reporters do not enjoy judicial immunity under West Virginia law). The United States Supreme Court's explication of the functional approach to derived judicial immunity in Antoine comports with our decision in Clements and the analysis that has been applied by our courts of appeals in varying contexts.
As we stated in Syllabus point 6 of Delardas v. Morgantown Water Commission, 148 W. Va. 776, 137 S.E.2d 426 (1964): "A writ of mandamus will not be issued in any case when it is unnecessary or when, if sued, it would prove unavailing, fruitless or nugatory." In accord Syl. pt. 2, State ex rel. Philyaw v. Williams, 190 W. Va. 272, 438 S.E.2d 64 (1993) (per curiam); Cox v. Board of Educ. of Hampshire County, 177 W. Va. 576, 355 S.E.2d 365 (1987) (per curiam); State ex rel. Prince v. West Virginia Dept. of Highways, 156 W. Va. 178, 195 S.E.2d 160 (1972); State ex rel. Capitol BusinessEquip., Inc. v. Gates, 155 W. Va. 64, 180 S.E.2d 865 (1971); State ex rel. Nelson v. Ritchie, 154 W. Va. 644, 177 S.E.2d 791 (1970); State ex rel. Archer v. County Court of Wirt County, 150 W. Va. 260, 144 S.E.2d 791 (1965). In this case, the respondent state prison officials have been informed that the Federal Bureau of Prisons will not accept Mr. Massey into federal custody until he has completed his state sentences.
And we note that, by assisting in the preparation of the transcripts, Barnes could limit the liability that she might otherwise face in a potential civil suit. See Antoine v. Byers Anderson, Inc., 508 U.S. 429, 113 S.Ct. 2167, 124 L.Ed.2d 391 (1993) (court reporter does not have absolute immunity from liability for delay in preparing transcript of a criminal trial); State ex rel. Philyaw v. Williams, 190 W.Va. 272, 438 S.E.2d 64, 67 (1993) (court reporters are potentially liable to those who are harmed by the failure to prepare transcripts promptly). III.