CHARLESTON – Dante diTrapano again has asked the state Supreme Court to give him back his law license.
“I’m really grateful to be here today and to ask this court to please give me another chance to practice law,” diTrapano told the five justices during oral arguments April 24. “I promise this court that I will treasure my law license and that if you ever see me here again it will not be for any disciplinary matter.”
DiTrapano had his law license annulled in 2007 after a series of incidents involving drugs, guns and other charges. He was indicted in 2006 on two gun and drug charges. He petitioned to court to readmit him to the bar in 2012, but that request was denied.
DiTrapano
During oral arguments, diTrapano said he recently celebrated 11 years of sobriety. He also said he has undergone substance abuse counseling and family counseling while working as support staff for Charleston law firms.
He sought reinstatement again in 2016. The April 24 hearing was part of that request.
“The last 12 years have been a very humbling experience for me,” diTrapano told the justices. “And I’ve been through a lot of things, and I put my family through a lot of things.
“And I’m very sorry for it. I’ve taken full responsibility for my conduct. I’ve suffered significant consequences, but I’ve deserved all the consequences I’ve suffered — including disbarment and including having my petition denied in 2014.
“I’m here today because I continue to work through some issues, and I continue to stay sober. I celebrated just two weeks ago, April 10, 11 years of sobriety. I’ve moved forward with my life. I’ve regained the things that are really important. I regained my family. I’ve regained my health, and I’ve regained my peace of mind. And I just want another opportunity to practice law.”
Part of the process for diTrapano to regain his law license has required him to meet with a Hearing Panel Subcommittee of the state Lawyer Disciplinary Board.
“The question then for the panel was whether petitioner is ready to come back to law practice as a sober, competent practicing member of the bar and would the public have confidence that he is?” a panel report states.
The hearing panel recommends that his license be reinstated upon completion of the West Virginia Judicial & Lawyer Assistance Program monitoring agreement. That date is Nov. 30, 2021.
“The panel is in agreement that petitioner’s misconduct that led to petitioner’s disbarment was extremely serious but is mitigated in part by his addictions,” the hearing panel wrote.
DiTrapano explained the five-year contract with the state Judicial & Lawyer Assistance Program.
“It’s pretty extensive,” he said. “The idea of this contract is that it’s a recovery and personal accountability program that is designed to detect behavioral changes before there is an actual alcohol or chemical relapse. Just like recovery is a process, so is relapse. People don’t get up one day and just decide, ‘Today’s the day I’m going to ruin my life.’ There usually is behavioral change that occur before that.
“I’ve been a member of it since December 2016. I’ve been in full compliance. It’s very stringent. Every single day, seven days a week, I have to log in a report. I have to attend three recovery-related meetings every week, and they’re documented. I attend the Lawyers in Recovery group every Thursday. I go to a counseling session for addiction each month. I’m also required to meet with my mentor each month, and I mentor other lawyers in the program.”
He said he thinks that program has helped him with the court’s concern for public protection for his, or any, reinstatement.
“And even beyond that, your honors, my family, my wife and my children are entirely in tune with everything that I’m doing,” diTrapano said. “My employer, Stuart Calwell, I meet with him every day. Rod Jackson has been a huge source of support for me. I attend church every Sunday. I play tennis with the same person every Saturday morning.
“My life is consistent. The people in my life love me more than they love this profession. If anything would be askew whatsoever, they would not hesitate to report it.”
Justice Robin Jean Davis asked diTrapano what makes him a better candidate for reinstatement now as opposed to 2014.
“The precise difference is I’ve accepted total and complete responsibility for everything I’ve done,” he said. “I’ve got an additional four years of sobriety. I’ve made amends to all of the people in my life. I have no problems with any relationship in my life. I have met the standards that are required to be reinstated, including with this Lawyer Assistance Program, the public protection.”
The Office of Lawyer Disciplinary Counsel still opposes diTrapano’s reinstatement, saying he “has failed to demonstrate requisite rehabilitation.”
“The nature of the underlying offense is such a serious nature and goes to issues of disregard for the law, honesty and a history,” LDC attorney Joanne Kirby told the court.
But, she did say diTrapano has behaved admirably since his last request for reinstatement.
“Between 2014 and 2018, the office agrees that petitioner had a very commendable record of his employment, his continued recovery efforts, his role within the community and guiding others,” she said.
West Virginia Supreme Court of Appeals case number 16-0869