CHARLESTON — The West Virginia Supreme Court of Appeals suspended the law license of a Parkersburg attorney who didn't file planned appeals and who attempted to start a sexual relationship with a client.
Travis C. Sayre was cited for repeatedly failing to meet appeal deadlines as a court-appointed attorney for criminal cases and one for a woman's appeal of an abuse-and-neglect case.
Justice Evan Jenkins authored the majority opinion, which was filed Oct. 24. The justices gave Sayre a harsher sanction than what was recommended by the Hearing Panel Subcommittee. The HPS suggested a 90-day suspension, but the Supreme Court gave him for a 120-day suspension with no automatic reinstatement. Sayre also will have to take six more hours of legal ethics education than required by state guidelines.
"Upon careful review of the record submitted, the parties’ briefs and oral arguments, and the relevant law, this Court disagrees with the recommendations of the HPS, and finds that harsher sanctions are warranted," Jenkins wrote. "We also find that Mr. Sayre did not violate Rule 1.8(j) of the West Virginia Rules of Professional Conduct. Therefore, we modify the HPS’s recommendation and order that Mr. Sayre be suspended from the practice of law for one hundred twenty (120) days with no automatic reinstatement and that Mr. Sayre complete six (6) hours of CLE in ethics over and above the ethics requirements."
Sayre was admitted to the West Virginia State Bar on Sept. 20, 2011, and was admitted to practice before the Veteran's Administration in January 2012.
Sayre was appointed counsel in a criminal matter in Wood County in 2016.
An order adjudging Sayre’s client guilty upon a jury verdict of guilty to the offense of second-degree murder was entered by the circuit court. Sayre and another attorney were then appointed as appellate counsel.
Sayre filed a notice of appeal with the West Virginia Supreme Court of Appeals and a deadline for perfecting the appeal was set for July 15, 2016, however, Sayre did not perfect the appeal by the deadline and filed a motion to extend the deadline on Aug. 9, 2016.
The deadline was extended several times and failed to perfect the appeal. Finally, on Jan. 4, 2017, Sayre filed a brief to show cause as to why the appeal was not perfected and the Supreme Court unanimously decided to affirm the order of sentencing for Sayre's client, according to the opinion.
In another case, Sayre was appointed in an abuse and neglect case in which he failed to pursue an appeal for his client.
"In response to correspondence from the ODC concerning the failure to perfect the appeal, Mr. Sayre responded that he met with his client and she advised that she was retaining new counsel because of his lack of diligence in the case," Jenkins wrote. "He advised the ODC that he gave his client a copy of her file and believed that he was discharged of his further responsibilities as counsel; however, he did not file a motion to withdraw."
Sayre then "became aware" in January 2017 that the client had not retained new counsel to pursue the appeal and he felt compelled to file the notice of appeal on her behalf but did not file his notice of appeal until March 2017.
In the third complaint against Sayre, the client in another abuse and neglect case complained after Sayre did not pursue an appeal.
Wood Circuit Judge Jason Wharton met with the adult probation officer in April 2017 to discuss supervised probation for L.S., who was a client of Sayre's. When the probation officer conducted a search of L.S.'s phone, it was discovered that Sayre and L.S. had had multiple inappropriate Facebook Messenger conversations in February and March 2017. Wharton reported Sayre's actions to the Office of Disciplinary Counsel.
"In his verified response, Mr. Sayre advised that he considered his representation of L.S. concluded after the entry of her guilty plea," the opinion states. "As to the allegations, Mr. Sayre admitted to exchanging text messages that are 'mutually suggestive of sexual conduct' and stated that the two 'discussed having sex' and other matters that he appreciates to be 'inappropriate' but denied ever having physical contact with L.S."
The HPS recommended Sayre's license be suspended for 90 days, that he be required to enter into a supervision agreement, agree to pay costs of the disciplinary proceedings and that he undergo a period of two years of supervision with an attorney.
"When taking into account all of the factors to be considered in imposing sanctions, we agree with the ODC that the recommended types of sanctions submitted are appropriate for the behavior exhibited by Mr. Sayre," Jenkins wrote. "However, we find that the proportion of the sanctions should be harsher."
The Supreme Court ordered Sayre's suspension for 120 days, that he must complete six hours of Continuing Legal Education in ethics, two-year supervision and to pay all costs of the proceedings.
West Virginia Supreme Court of Appeals Case number: 18-0617