Speeding Away To Suspension

There is enough evidence of misconduct and harm to warrant the interim suspension of an attorney, according to a decision of the West Virginia Supreme Court of Appeals.

We find sufficient evidence to initially demonstrate that Mr. Duffy violated our Rules of Professional Conduct and that he poses a substantial threat of irreparable harm to the public. Likewise, we grant the ODC’s Petition to temporarily suspend his law license pending the outcome of his formal disciplinary charges. The suspension shall take effect immediately.

He had missed a series of court hearings in criminal matters

Mr. Duffy represented two clients in Clay County, West Virginia, in separate felony matters. Both clients were in custody awaiting Mr. Duffy’s assistance. For the three weeks between January 19, 2016, and February 8, 2016, Mr. Duffy missed every hearing scheduled (seven in total) on these two clients’ behalf. Thus, the hearings were continued multiple times because of his absences. To these clients’ detriment, this cycle of absences and continuances lasted until the circuit court relieved Mr. Duffy of his duties as counsel on February 8, 2016.

Mr. Duffy did not always provide the circuit court an explanation for his absence, but when he did, it was invariably on the date of his clients’ scheduled hearings and implicated either health or car problems. For example, on February 2, he told the circuit court he could not attend his clients’ hearings because his car was broken down but that it was scheduled to be fixed the following day. Three days later, on February 5, he was arrested for drunk driving. However, on February 8, he provided the circuit court the same excuse, that his car was broken down, for his failure to attend his clients’ hearings.

Mr. Duffy never mentioned his drunk driving arrest or the criminal charges pending against him in explaining why he failed to attend any of his clients’ hearings.

Meanwhile

Meanwhile, Mr. Duffy was in Westlake, Ohio, where he engaged in criminal conduct. On the afternoon of February 5, 2016, Mr. Duffy drove to a Speedway gas station to buy beer. However, he was so intoxicated that the store clerk refused the sale. Mr. Duffy reacted by grabbing the beer from the counter, exiting Speedway without paying, and driving into traffic.

Mr. Duffy was charged with operating a vehicle while intoxicated and theft. He was summoned to appear before a municipal court in Ohio on February 9, 2016. He missed his court date, which prompted the municipal court to issue a capias to compel his appearance in court. Later, Mr. Duffy pled guilty to one count of operating a vehicle while intoxicated and one count of disorderly conduct, both of which are misdemeanors in Ohio.

The court

the ODC filed its Petition to suspend Mr. Duffy’s law license on February 17, 2016, alleging he violated Rules of Professional Conduct 8.4(b), (c), and (d).3 On February 19, 2016, this Court mailed Mr. Duffy notice of the ODC’s Petition and informed him of his “right to request a hearing before this Court within thirty days of the Petition.” He responded to the ODC’s Petition almost two months later — on April 14, 2016. Having conducted Mr. Duffy’s requested hearing on May 17, 2016, we now grant the ODC’s Petition to temporarily suspend his law license pending the outcome of his disciplinary charges.

(Mike Frisch)