759 S.E.2d 220
W. Va.2014Background
- ODC petitioned Rule 3.27 for immediate interim suspension of Plants and/or disqualification of Plants and the Kanawha County Prosecuting Attorney’s Office.
- Kanawha County Circuit Court issued disqualification orders restricting the Respondent from prosecuting certain cases involving violence against children, abuse/neglect, and domestic-violence protective orders.
- The court then appointed Donald P. Morris as Chief Special Prosecutor and appointed assistant prosecutors for the reserved matters.
- Plants was criminally charged with domestic battery and faced alleged violations of an emergency protective order.
- ODC alleged Rule 1.7 conflict of interest due to Plants’ defense stance; petition asked whether interim suspension was warranted pending discipline.
- The West Virginia Supreme Court denied interim suspension, upheld the circuit court’s disqualification framework, and allowed disciplinary proceedings to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interim suspension is warranted under Rule 3.27 | ODC: significant public risk; needs immediate suspension. | Plants: circuit orders suffice; no need for suspension. | Not warranted; circuit orders adequately protect the public. |
| Whether circuit court disqualification suffices to protect the public | ODC: disqualification may be insufficient without suspension. | Plants: disqualification already shields the public; no further action needed. | Disqualification framework sufficient; no additional interim measures required. |
| Whether Plants’ alleged Rule 1.7 conflict justifies emergency action | ODC: personal interests impede duties; risk to public trust. | Plants: circuit orders resolve potential conflicts; no broader risk. | No showing of irreparable public harm beyond existing disqualification. |
| Role of public trust and heightened standard in public-office ethics | ODC: public official ethics justify stricter relief. | Disqualification already implements heightened safeguards. | heightened standard acknowledged, but not a basis for interim suspension here. |
Key Cases Cited
- Office of Disciplinary Counsel v. Battistelli, 193 W.Va. 629 (1995) (standard for extreme use of Rule 3.27 and case-by-case approach)
- Comm. on Legal Ethics of W.Va. State Bar v. Ikner, 190 W.Va. 433 (1993) (inherent power to suspend for public protection when threat exists)
- Comm. on Legal Ethics of W.Va. State Bar v. Roark, 181 W.Va. 260 (1989) (public office ethics heightened scrutiny)
- Keenan v. Hatcher, 210 W.Va. 307 (2001) (prosecutorial disqualification standards in broader context )
- Knight v. State, 168 W.Va. 615 (1981) (prosecutorial disqualification principles in recusal context)
- Office of Lawyer Disciplinary Counsel v. Albers, 214 W.Va. 11 (2003) (extreme measure warranted with ongoing criminal context)
- Office of Lawyer Disciplinary Counsel v. Nichols, 212 W.Va. 318 (2002) (suspension pending disciplinary proceedings based on misconduct pattern)