Contempt For Non-Compliance with Reprimand Conditions

An attorney has been held in contempt and suspended by the West Virginia Supreme Court of Appeals until she demonstrates compliance with earlier disciplinary orders.

The earlier order

After considering the aggravating and mitigating factors, including the disposition of the 2011 disciplinary matter, and Ms. Price’s remorse, the HPS recommended that (1) Ms. Price be publicly reprimanded; (2) Ms. Price must follow a plan of supervised practice for a period of three years with a supervising attorney, consistent with specifications set forth by the ODC, with the period of supervised practice to run concurrently with the prior case; (3) During the period of supervised practice, Ms. Price must complete nine hours per year (a total of twenty-seven additional hours) of continuing legal education in the areas of law office management, civil or criminal procedure, and the substantive areas in which she intends to practice law; and (4) Ms. Price must pay one-half the costs of the disciplinary proceedings in accordance with Rule 3.15 of the Rules of Lawyer Disciplinary Procedure. Ms. Price did not object to the HPS recommendation, and this Court adopted it in full by order entered May 27, 2014.

Here

The rule to show cause in this case was issued three months ago and made clear that the order would be mooted “by the respondent’s full compliance with the Court’s March 25, 2014 and May 27, 2014 orders.” Despite the clarity of this direction, the severity of the possible penalties for contempt, and the ample passage of time to permit Ms. Price to comply with the Court’s orders, she has filed nothing with this Court to demonstrate her compliance or to prove that she is unable to comply. Her unsupported statements at oral argument simply do not suffice. We therefore conclude that Ms. Price is in contempt of this Court for her failure to comply with the Court’s March 25, 2014 and May 27, 2014 orders, and we hereby suspend Ms. Price’s license to practice law, effective February 17, 2015. She may purge herself of the contempt by fully complying with the Court’s March 25, 2014 and May 27, 2014 orders.

(Mike Frisch)