WEST VIRGINIA RECORD

CHARLESTON – The state Supreme Court has given the green light for a Hancock County attorney to again practice law.

The Court on Feb. 9 reinstated David A. Barnabei,53, of Weirton, as a member of the state Bar. On Nov. 25, 2009, the Court ordered Barnabei's license suspended for two years for failing to complying with the conditions of a reprimand it issued him a year earlier.

The Court on Sept. 25, 2008 reprimanded Barnabei for not only mishandling three court-appointed criminal cases, but also failing to respond to the ensuing ethics investigation. Along with the reprimand, the Court order him to pay $1,499.17 as reimbursement for the disciplinary proceeding, take six additional hours of continuing education, have his practice supervised for a year and undergo a psychological evaluation.

Following the Court's reprimand, the Office of Disciplinary Counsel sent Barnabei two letters inquiring as to the names of his treating psychologist, and the attorney he would like to supervise him. When he failed to respond to those letters, ODC on Dec. 5, 2008 filed a petition to hold Barnabei in contempt.

In his petition for reinstatement dated Nov. 30, Barnabei said he initially sought treatment from Wendy Terwilliger. However, after she moved her practice out-of-state, Barnabei said he began counseling with Kathleen S. Viglianco.

Also, two days prior to filing his petition, Barnabei said Robert G. McCoid agreed to be his supervising attorney.

In reinstating Barnabei's license, the Court ordered that he follow Viglianco's treatment plan and submit quarterly updates to ODC for the next year, and meet monthly with McCoid.

Barnabei was first admitted to the state Bar on May 14, 2003. The reprimand and subsequent suspension was the first time he'd been formally disciplined.

West Virginia Supreme Court of Appeals case number 34707