Arnetta Carr v. Paul Lambert

1. "Among the criteria to be considered in determining whether a position is an office or a mere employment are whether the
position was created by law; whether the position was designated [as] an office; whether the qualifications of the appointee
have been prescribed; whether the duties, tenure, salary, bond and oath have been prescribed or required; and whether the
one occupying the position has been constituted a representative of the sovereign." Syl. pt. 5, State ex rel. Carson v. Wood,
154 W.Va. 397, 175 S.E.2d 482 (1970). 2. The position of assistant prosecuting attorney is an appointed public office and pursuant to W.Va. Code, 18-5-1a [1967],
a person holding such office is ineligible to serve as a member of any county board of education.