358 S.E.2d 234 (W.Va. 1987), 16795, Committee on Legal Ethics of West Virginia State Bar v. Walker

• Docket Nº: 16795.
• Citation: 358 S.E.2d 234, 178 W.Va. 150
• Party Name: The COMMITTEE ON LEGAL ETHICS OF the WEST VIRGINIA STATE BAR v. Geary L. WALKER.
• Attorney: Sherri Dusic, State Bar, Charleston, for appellant., William C. Forbes, Charleston, for appellee.
• Case Date: June 04, 1987
• Court: Supreme Court of Appeals of West Virginia

Page 234

358 S.E.2d 234 (W.Va. 1987)

178 W.Va. 150

The COMMITTEE ON LEGAL ETHICS OF the WEST VIRGINIA STATE BAR

v.

Geary L. WALKER.

No. 16795.

Supreme Court of Appeals of West Virginia.

June 4, 1987

Syllabus by the Court

1. "In a court proceeding initiated by the Committee on Legal Ethics of the West Virginia State Bar to annul the license of an attorney to practice law, the burden is on the Committee to prove, by full, preponderating and clear evidence, the charges contained in the Committee's complaint." Syl. Pt. 1, Committee on Legal Ethics v. Pence, 216 S.E.2d 236 (W.Va.1975).

2. While we have not recognized the existence of emotional problems as a complete defense to ethics charges, they may be treated as mitigating circumstances in determining what disciplinary action is most appropriate.

3. In deciding on the appropriate disciplinary action for ethical violations, this Court must consider not only what steps would appropriately punish the respondent attorney, but also whether the discipline imposed is adequate to serve as an effective deterrent to other members of the Bar and at the same time restore public confidence in the ethical standards of the legal profession.

Sherri Dusic, State Bar, Charleston, for appellant.

William C. Forbes, Charleston, for appellee.

McGRAW, Chief Justice:

This is a disciplinary action against Geary L. Walker, a member of the West Virginia State Bar. The Bar's Committee on Legal Ethics recommends that this Court annul the respondent's license to practice law and assess against him the costs of the disciplinary proceedings.

The respondent was charged with violations of three of the disciplinary rules set

Page 235

[178 W.Va. 151] out in the West Virginia Code of Professional Responsibility, DR 1-102(A)(3), (4), and (6). ^[*] Specifically, the complaint charged that the respondent staged a breaking and entering and theft of property from his Berkeley Springs, West Virginia law office, and, with regard to that incident, knowingly gave false information to law enforcement officers, and falsely implicated an innocent party, that he set fire to his own home in Clarksburg, West Virginia, that he threatened physical violence against two individuals, and that he knowingly tendered to Mountain State Federal Savings and Loan Association a worthless check for back-due interest on the mortgage loan on his burnt home.

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