In Re Cruickshanks
West Virginia Supreme Court
1Concurring in part, dissenting in partAlbright, Justice
I stand by my previously stated position1 that this Court unquestionably has the disciplinary authority to withhold the pay of a judicial officer during suspension, but I remain equally committed in believing that the guiding force for exerting that power must be fairness determined by a balanced assessment of the circumstances. That goal was simply not reached in the majority opinion, and the new syllabus point adopted by the majority does nothing to promote such a just and balanced evaluation.
Syllabus point three in the majority opinion states:
Always mindful of the primary consideration of…
2Cases cited3 opinions
- In Re CruickshanksWest Virginia Supreme Court · 2007
- State ex rel. Ghiz v. JohnsonWest Virginia Supreme Court · 1971
- In Re McCourtWest Virginia Supreme Court · 2006