State Ex Rel. Potter v. Office of Disciplinary Counsel

This is an original proceeding in mandamus filed by Jay M. Potter (“Petitioner”), against the Office of Disciplinary Counsel (“Respondent”). 1 Petitioner seeks an order from this court directing that Respondent remove from its files two copies of a compact disc (“CD”) and two copies of the transcript thereof, which were obtained by Respondent in connection with an ethics complaint filed by Petitioner against his estranged wife, a lawyer practicing in the State of West Virginia. As discussed in more detail below, Petitioner avers that the CDs and transcripts are the products of a cassette tape…