West Virginia Judiciary

Rules of Appellate Procedure

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Part VIII. Disciplinary Cases

 

Table of Contents Full Table of Contents
  1. Docketing and filing in disciplinary cases
  2. Consideration and disposition of disciplinary cases

Docketing and filing in disciplinary cases
  1. Lawyer disciplinary cases.
    1. Governing rules. Lawyer disciplinary cases are governed by the Rules of Lawyer Disciplinary Procedure and the Rules of Appellate Procedure to the extent provided herein. A complaint against a lawyer is filed with the Lawyer Disciplinary Board pursuant to the Rules of Lawyer Disciplinary Procedure.
    2. Docketing. The Rules of Lawyer Disciplinary Procedure require that certain documents be filed with the Clerk of the Supreme Court. Upon the filing of those specified documents, the Clerk will docket the action.
    3. Filings before a hearing panel subcommittee. When a case is pending before a Hearing Panel Subcommittee of the Lawyer Disciplinary Board, the original of all documents shall be filed with the Clerk of the Supreme Court, and shall include a cover page with the heading "Before a Hearing Panel Subcommittee." However, for any discovery requested or produced during the litigation of formal charges, only the certificate of service shall be filed with the Clerk.
    4. Filings in the Supreme Court. The original and ten copies of a document shall be filed with the Clerk any time action is required or requested of the Court pursuant to the Rules of Lawyer Disciplinary Procedure, and shall include a cover page with the heading "In the Supreme Court of Appeals." Examples of such documents include, but are not limited to: any briefs directed to this Court; a Hearing Panel Subcommittee's recommended disposition; a report or petition by the Office of Disciplinary Counsel pursuant to the Rules of Lawyer Disciplinary Procedure. All briefs directed to this Court shall, to the extent practicable, include the material prescribed by Rule 10 except that assignments of error need not be designated.  All briefs directed to this Court shall comply with the requirements set forth in Rule 38 for a petitioner's brief, respondent's brief and reply brief.
  2. Judicial disciplinary cases.
    1. Governing rules. Judicial disciplinary cases are governed by the Rules of Judicial Disciplinary Procedure and the Rules of Appellate Procedure to the extent provided herein.  A complaint against a judicial officer is filed with the Judicial Investigation Commission pursuant to the Rules of Judicial Disciplinary Procedure.
    2. Docketing. The Rules of Judicial Disciplinary Procedure require that certain documents be filed with the Clerk of the Supreme Court. Upon the filing of those specified documents, the Clerk will docket the action.
    3. Filings before the judicial hearing board. When a case is pending before the Judicial Hearing Board, the original of all documents shall be filed with the Clerk of the Supreme Court, and shall include a cover page with the heading "Before the Judicial Hearing Board." However, for any discovery requested or produced during the litigation of formal charges, only the certificate of service shall be filed with the Clerk.
    4. Filings in the Supreme Court. The original and ten copies of a document shall be filed with the Clerk any time action is required or requested of the Court pursuant to the Rules of Judicial Disciplinary Procedure, and shall include a cover page with the heading "In the Supreme Court of Appeals." Examples of such documents include, but are not limited to: any briefs directed to this Court; the Judicial Hearing Board's recommended disposition; a report or petition by Judicial Disciplinary Counsel pursuant to the Rules of Judicial Disciplinary Procedure. All briefs directed to this Court shall, to the extent practicable, include the material prescribed by Rule 10 except that assignments of error need not be designated.  All briefs directed to this Court shall comply with the requirements set forth in Rule 38 for a petitioner's brief, respondent's brief and reply brief.

Consideration and disposition of disciplinary cases

The Rules of Lawyer Disciplinary Procedure and the Rules of Judicial Disciplinary Procedure govern when a disciplinary case may be considered by the Court for final disposition. Disciplinary cases may be disposed by order if authorized by a rule of disciplinary procedure. In cases where a hearing is required, or when a briefing schedule is required to be set, the Court will issue a scheduling order containing information and deadlines as appropriate under the circumstances. Once the Court has issued a scheduling order, all subsequent filings in the action and the Court's final disposition of the case are controlled by the Rules of Appellate Procedure.