CHARLESTON — The West Virginia Supreme Court of Appeals suspended the law license of an attorney for six months following the recommendation of the Lawyer Disciplinary Board's Hearing Panel Subcommittee.
The Lawyer Disciplinary Board initiated a disciplinary proceeding against Jeffery A. Davis on Nov. 4, 2020, and following a hearing, the board found that Davis committed six violations of the West Virginia Rules of Professional Conduct arising from a single disciplinary complaint involving failure to communicate and timely file motions in a privately retained criminal matter.
"The HPS recommended that Mr. Davis’ law license be suspended for a period of six months, one year of supervised practice following reinstatement, and refund of $3,000.00 to the complainant Denver Rucker," the Feb. 11 Supreme Court decision stated.
The HPS also recommended continuing legal education classes focusing on law office management and payment of the costs of the proceeding. Davis objected to the findings and recommendations.
In November 2017, Rucker was indicted on multiple counts stemming from an incident where he was discovered to be manufacturing a controlled substance and engaged in wanton endangerment with a firearm and destructive, explosive or incendiary devices.
Davis was retained to represent Rucker and Rucker pled guilty to three counts, with the remaining counts dismissed, and was sentenced in March 2018.
Rucker was sentenced to one to five years on the manufacturing charge, five years for wanton endangerment with a firearm, and two to ten years for wanton endangerment involving destructive devices.
Rucker inquired as to whether Davis had filed a motion for reconsideration of his sentence in October 2018. Two months later, Rucker filed a complaint with the Office Disciplinary Counsel regarding Davis' failure to file motions for him.
"While the Court is not unsympathetic to the expediencies of a busy criminal practice, we believe that Mr. Davis’ actions and 'strategies' plainly failed to comport with his obligations under the West Virginia Rules of Professional Conduct," the court said in the decision. "Mr. Davis’ insistence that the motion he filed was a strategic effort undertaken with the Ruckers’ consent is belied by the fact that the motion he ultimately filed nowhere requested or even referenced 'compassionate release.'"
The Supreme Court ordered six months of suspension, one year of supervised practice, additional continuing legal education hours and to re-pay Rucker's wife.
West Virginia Supreme Court case number: 20-0871