West Virginia Mandatory Continuing Legal Education Commission v. Bennett, No. 34624 (W.Va. 8/19/2009)
| Decision Date | 19 August 2009 |
| Docket Number | No. 34624.,34624. |
| Parties | West Virginia Mandatory Continuing Legal Education Commission, Petitioner v. Patrick A. Bennett, Christopher A. Cafardi, Todd J. Clark, Michael J. Dempster, Stephen R. Dolly, Kevin M. Fitzpatrick, Kenneth J. Ford, Joseph T. Harvey, Roy C. Howell, Paul R. Hutchinson, Jr., Zachary Z. Kinney, Stephen E. Klein, Robert A. Loch, A. Andrew MacQueen, Robert M. Nunley, Terrence M. O'Brien, Michal Ryan Pfeuffer, David E. Potters, Janice A. Powell, Matthew R. Rawlings, David A. Riggi, Martin R. Smith, Jr., Joseph E. Spradling, Craig L. Vandergrift, Mark T. Wade, and Robert A. Wilson, Jr., Respondents. |
| Court | West Virginia Supreme Court |
This is a proceeding instituted by the West Virginia Mandatory Continuing Legal Education Commission ("Commission") pursuant to Chapter VII, section 7.4 of the Rules and Regulations of The West Virginia State Bar, seeking the suspension of the license to practice law of one hundred and three active members of The West Virginia State Bar who failed to provide proof of compliance with the rules of this Court concerning mandatory continuing legal education, set forth in Chapter VII of the Rules and Regulations of The West Virginia State Bar. This Court issued a rule to show cause on December 18, 2008, returnable on April 8, 2009, why each of the one hundred and three lawyers should not be suspended from the practice of law for such noncompliance.
Subsequent to issuance of the rule to show cause, seventy-five respondents provided satisfactory proof of compliance with mandatory continuing legal education requirements and were dismissed from the action. Two other individuals, William H. Duty and Joan A. Mooney, were dismissed from this action because their law licenses were annulled or suspended by the Court as the result of separate disciplinary proceedings. See Lawyer Disciplinary Board v. William H. Duty, 222 W.Va. 758, 671 S.E.2d 763 (November 25, 2008); and Lawyer Disciplinary Board v. Joan A. Mooney, 223 W.Va. 563, 678 S.E.2d 296 (February 27, 2009). Accordingly, the following twenty-six respondents remain: Patrick A. Bennett, Christopher A. Cafardi, Todd J. Clark, Michael J. Dempster, Stephen R. Dolly, Kevin M. Fitzpatrick, Kenneth J. Ford, Joseph T. Harvey, Roy C. Howell, Paul R. Hutchinson, Jr., Zachary Z. Kinney, Stephen E. Klein, Robert A. Loch, A. Andrew MacQueen, Robert M. Nunley, Terrence M. O'Brien, Michal Ryan Pfeuffer, David E. Potters, Janice A. Powell, Matthew R. Rawlings, David A. Riggi, Martin R. Smith, Jr., Joseph E. Spradling, Craig L. Vandergrift, Mark T. Wade, and Robert A. Wilson, Jr..
Pursuant to Chapter VII of the Rules and Regulations of The West Virginia State Bar, all active members of The West Virginia State Bar were required to complete twenty-four credit hours of approved continuing legal education, with at least three of those credit hours in the topical areas of legal ethics, office management, substance abuse and/or elimination of bias in the legal profession, between July 1, 2006 and June 30, 2008. Active members of The West Virginia State Bar admitted between July 1, 2006 and June 30, 2007 were required to complete twelve approved credit hours, with at least three of those credit hours in the topical areas of legal ethics, office management, substance abuse and/or elimination of bias in the legal profession, prior to June 30, 2008. The Commission required all attorneys to report the completion of such requirements on or before July 31, 2008, by completing a reporting form mailed to all active members of The West Virginia State Bar by...
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