At The Pig And Whistle

June 4, 2014

The West Virginia Supreme Court of Appeals agreed with a hearing panel that a now-former assistant prosecutor violated ethical rules in his interactions with a respondent in an abuse and neglect matter he was prosecuting.

In June of 2011, during the pendency of an abuse and neglect proceeding that had been brought against Ms. C, Mr. Amos was patronizing a local bar one evening when he saw Ms. C. and invited her to join his table of friends. After having drinks together, Mr.Amos took Ms. C. to another bar that same evening, one that featured nude female dancing. During the course of the evening, they discussed her abuse and neglect proceeding and, at the conclusion of the evening, Mr. Amos drove Ms. C. home where she allowed him to view her children’s bedrooms upon his request. Over the course of the next couple of weeks, they exchanged text messages related to the abuse and neglect proceeding, but they had no further “in person” contact.

The court rejected a proposed reprimand and imposed a 75-day suspension.

Details here from the West Virginia Record, which notes that the encounter began at aPig & Whistle.

According to the statement [of bar charges] , Ms. C confided in her social worker, Christy Wright, that Amos “kissed her and promised that she would regain custody of her children in exchange for sexual favors.” Ms. C. told Wayne County Prosecutor Thomas Plymale that while they were together in the Pig & Whistle, Amos “rubbed her thighs and made the statement ‘If you scratch my back, I’ll scratch yours.’”

Prior to leaving the Pig & Whistle for a bar that featured female nude dancers, Ms. C. said he “kissed her on the cheek twice.” After arriving at the topless bar, Ms. C. claimed Amos again began rubbing her thighs and made not-so-subtle hints about having sex.

According to the statement, Amos requested to have sex with Ms. C. after he took her home, but she declined.

After speaking with Ms. C., Marsteller, Wright, Eric Dotson, the interim manager of the Wayne County Department of Health and Human Resources, and Judge Darrell Pratt, Plymale, the statement says, on June 28 placed Amos on paid suspension pending further investigation. The next day, he asked Amos to tender his resignation and report the incident to ODC.

The statement alleges Amos committed five violations of the Rules of Professional Conduct including those dealing with conflict of interest, and misconduct.

The court here noted that evidence of the alleged sexual overtures was not presented at the disciplinary hearing. The court nonetheless considered the attorney’s abuse of his public office as an aggravating factor. (Mike Frisch)

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Bar Discipline & Process