Legal Opinion · Dissent

Lawyer Disciplinary Board v. John F. Hussell

West Virginia Supreme Court

Decided November 25, 2014No. 13-0544Published

1DissentLoughry, Justice

This Court’s faithful and consistent oversight of lawyer disciplinary matters is among the highest duties owed to the citizens of the State of West Virginia. Yet in a virtually unprecedented decision, the majority dismissed charges and resulting sanctions against a lawyer who had expressly consented to the recommended sanctions made by the Hearing Panel Subcommittee (“HPS”). To be clear, Mr. Hussell did not come before this Court asking to have the findings of the HPS or its recommended sanctions set aside. In fact, Mr. Hussell requested in his brief “that the recommended sanctions be imposed…

2Cases cited6 opinions

  1. Omni-Food & Fashion, Inc. v. SmithOhio Supreme Court · 1988
  2. Lawyer Disciplinary Board v. McGrawWest Virginia Supreme Court · 1995
  3. United States v. Trevor DennisCourt of Appeals for the Second Circuit · 1988
  4. Lawyer Disciplinary Board v. JarrellWest Virginia Supreme Court · 1999
  5. Thayer v. Fuller & Henry, Ltd.District Court, N.D. Ohio · 2007

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