Crimes Draw Suspension

The West Virginia Supreme Court of Appeals suspended an attorney for criminal conduct

On June 13, 2016, local police officers executed a search warrant of Wolfe’s Jackson County residence in search of Jack Greene, a fugitive from justice. Wolfe, outside the residence when the police arrived, stated that Greene was not in the residence, that she had not seen him, and that she did not know where he was. The police entered the residence, found Greene in the bedroom and placed him under arrest. A handgun was observed on the nightstand by the bed. The police found drug paraphernalia in the residence, along with a white, crystal substance believed to be crystal methamphetamine. According to the Statement of Charges, Wolfe’s two year old child was present at that time.

The criminal charges did not result in a conviction nor did this

The [Bar] Statement of Charges further alleged that, during a urine drug screen conducted on July 5, 2016, a tube containing liquid was observed taped to Wolfe’s body. According to the police report, Wolfe stated that she had worn the tube to pass the drug screen but decided to be honest and abandoned the plan. During the screen, Wolfe urinated as required. Both liquids, however, field-tested positive for controlled substances (amphetamines and methamphetamine). The resulting criminal charge was also resolved through pretrial diversion.

The Bar also alleged that she wrote a bad check “payable to Foodfair in the amount of $148.48.” She denied criminal intent but pled no contest to the criminal charge. 

The court

The record before this Court sets forth the testimony of nine witnesses, including Ms. Wolfe, who appeared before the Hearing Panel Subcommittee during the April 2018 hearing. The record also includes other transcripts, four volumes of exhibits and supplementary matters. Applying our de novo review of the record thus submitted, this Court concludes that clear and convincing evidence demonstrates that Wolfe violated Rule  8.4.(b) and Rule 8.4.(c) of the Rules of Professional Conduct by (1) the illegal possession and use of controlled substances, (2) attempting to defeat the drug screen and (3) writing the worthless check. The violations were shown largely through Wolfe’s admissions and self-reporting to the Lawyer Disciplinary Board. The remaining issue, therefore, concerns the Hearing Panel Subcommittee’s recommended sanctions…

In the case at bar, Ms. Wolfe admitted to a long history of drug abuse beginning at age sixteen. She testified, however, that an intervening incident of domestic violence, which occurred in 2014 just after her admission to practice, propelled her into a deeper level of addiction. Testimony reveals that Wolfe was beaten by an individual by the name of Ty Hill and sustained a broken collarbone and a dislocated shoulder. According to Wolfe, her prescribed pain medication was directly contributory to her spiral into a heavier level of drug abuse.

However, Wolfe maintains that, in 2016, shortly after the criminal charges were filed against her, she participated in treatment programs for drug abuse and has remained drug free. The answer filed by Wolfe’s counsel to the Statement of Charges averred that Wolfe “has been in active treatment for her drug use and dependency since July 26, 2016, and she is sober and has not used any prescription narcotics or illicit substances, including methamphetamine, with the exception of suboxone prescribed by her medical care providers since that date. Nevertheless, until Wolfe reached out to the Judicial and Lawyer Assistance Program during these disciplinary proceedings, she did not have a  consistent, ongoing treatment plan to help her deal with her addiction issues.

Currently, Ms. Wolfe is subject to the five year Monitoring Agreement with the Judicial and Lawyer Assistance Program. She has been compliant with the Agreement and has earned the advocacy of the JLAP. Nevertheless, the record demonstrates that Wolfe should remain removed from the practice of law for a period in time while she continues to make progress on her recovery. The Hearing Panel Subcommittee recommends a suspension of one year and six months.

The court agreed with credit for time served and treatment compliance

The one year and six month suspension of Wolfe’s license to practice law shall be retroactive to October 22, 2018, the date Wolfe formally disengaged from the active practice of law.

(Mike Frisch)