CHARLESTON – The West Virginia Supreme Court of Appeals has suspended a Clay County attorney’s law license for a period of 12 months retroactively to the date of his temporary suspension last year.
Justice Beth Walker authored the opinion.
The charges are related to Kevin C. Duffy’s representation of clients in sexual assault, sexual abuse, child abuse and neglect proceedings, unprofessional and inappropriate interaction with persons involved in his lengthy and contentious divorce proceedings and misdemeanor theft and drunken driving charges in Ohio, according to the June 15 opinion.
The board’s Hearing Panel Subcommittee recommended that the court adopt the jointly proposed findings of fact and conclusions of law by the Office of Disciplinary Counsel and Duffy as to the numerous violations of the West Virginia Rules of Professional Conduct. The HPS also recommended adoption of the jointly proposed recommendations as to discipline with two modifications.
The jointly proposed sanctions included a three-month suspension served retroactively from the date of Duffy’s current temporary suspension; an automatic reinstatement followed by two years of supervised practice; regular attendant at 12-step program meetings with written proof provided to the ODC; and payment of costs.
The HPS’s suggested modifications to the joint recommendations were that Duffy be required to apply for reinstatement and that the ODC and Duffy work with the West Virginia Lawyer Assistance Program to develop a detailed plan and accountability schedule so that he may receive the full spectrum of support, with the HPS concluded he needed to avoid recidivism.
The ODC filed a consent letter with the court agreeing to the suggested modifications to the joint recommendations as to discipline. Duffy did not file an objection.
The Supreme Court concurred with the recommended sanctions of petitioning for reinstatement, referral to the LAP and payment of costs. The court also suspended Duffy’s law license for 12 months retroactively to June 2, 2016, the date of his temporary suspension.
Duffy previously maintained a law practice in Clay County. He was admitted to the bar in 1996.
In one disciplinary matter, Duffy continuously failed to file court documents. In the second matter, he was arrested for theft and driving under the influence of alcohol on Feb. 5, 2016.
Walker wrote that Duffy did not contest that he violated the provisions as found by the HPS and that he acknowledged the findings of fact and conclusions of law as correct, sound and fully supported by reliable, probative and substantial evidence. He accepted the HPS recommendations.
“This court has conducted a thorough review of the record and concludes that the findings of fact and conclusion of law of the HPS are supported by reliable, probative and substantial evidence,” Walker wrote.
Duffy represented himself.
The Office of Disciplinary Counsel was represented by Renee V. Frymyer.
W.Va. Supreme Court of Appeals case number: 16-0181, 16-0614