Former congressman among those suspended for lack of CLE hours

By Lawrence Smith | Aug 2, 2013

CHARLESTON - A former congressman is among 42 West Virginia attorneys whose legal career is on hiatus.

The state Supreme Court on July 26 ordered the suspension of 42 attorneys for failing to provide proof by July 31, 2012, they took the necessary 24 hours of continuing legal education between July 1, 2010 and June 30, 2012. The court’s order says the suspensions take effect immediately and remain in effect until the attorneys take the necessary hours and pay the state Bar a late fee.

Among those suspended was Alan B. Mollohan, who served as congressman in West Virginia’s 1st Congressional District for nearly 20 years. A Democrat, Mollohan, 70, successfully ran for the seat in 1982 succeeding his father, Robert, and was re-elected 13 more times, including 10 years later against then-2nd District Congressman Harley O. Staggers when the districts were merged following the 1990 Census.

Mollohan’s political career came to end three years ago when we has defeated in that year’s primary election by former state Senator Michael Oliverio. The following November, Oliverio lost to his Republican challenger David McKinley, a Wheeling businessman, former state delegate and party chairman.

During his tenure in Congress, Mollohan served on the House Appropriations and Ethics committees. Among the structures named after him is the Alan B. Mollohan Campus Community Center at Glenville State College.

According to its website, Mollohan, a graduate of West Virginia University’s College of Law, was admitted to the Bar on May 18, 1970.

Mollohan is listed as of counsel in the Huntington office of Nelson Mullins Riley & Scarborough.

Included in the order are four attorneys who either are or were the subject of an ethics investigation. They are Chad B. Cissel, Michael V. Marlow, Derek W. Marstellar and W. Kendrick King, a former McDowell circuit judge. Earlier this year, the court administratively suspended Marlow’s license after he reveled to the Office of Disciplinary Counsel he was recovering from a stroke.

Originally, the Bar’s Mandatory Continuing Legal Education Commission petitioned to have 111 attorneys suspended for failing to provide proof they’d taken the necessary hours. By June 4, the list was trimmed to the current 42.

The other 37 attorneys placed on suspension are Woodrow H. Berry, Michael T. Blevins, Chad D. Camper, Jay W. Craig, Jeffrey A. Davis, Rudolph A. DiTrapano,
John Marshall M. Enos, Sunshine R. Fellows, Donald M. Flack, Scott D. Goldman, Cord C. Grote III, Holly W. Hinerman, C.P. Hitson, Jerry W. Hyatt, Charles A. Jones III, John A. Kincaid, Jr., Douglas E. Lamb, Robert A. Loch, James A. McLaughin, David J. Mincer, Rico R. Moore, Brenton M. Morehead, Theodore E. Morgan, Thomas M. Munchmeyer, Mark J. Neff, Michael F. Niggemyer, S. Ramani Pillai, David A. Riggi, Paul T. Schemel, Joseph A. Schiavoni, Anthony F. Serreno, Sarah K. Soja, Robert E. Stennett, James F. Vaughan, Jr., Robert R. Waters and Perry W. Woofter.

West Virginia Supreme Court of Appeals, case number 13-0170

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