Lawyer Disciplinary Board v. Post, 219 W. Va. 82

Summary

The Supreme Court of Appeals of West Virginia ordered the annulment of Daniel J. Post's West Virginia law license in a reciprocal disciplinary proceeding following his disbarment in Colorado. The court rejected Post's due process challenges to the Colorado proceedings, concluding that he had waived those challenges by failing to raise them there or appeal the Colorado disbarment. The court also assessed $790.80 in disciplinary proceeding costs.

Holdings

1. The Colorado proceedings were not resumed in violation of Colorado Rule of Civil Procedure 251.23 because the presiding disciplinary judge expressly authorized resumption upon either the appearance of counsel or Post's restoration to active status, and counsel appeared for Post.
2. Post failed to establish a valid ground under Rule 3.20 for refusing reciprocal discipline. His constitutional challenges were waived because he did not raise them in the Colorado proceedings or appeal the Colorado disbarment.
3. Because Post failed to establish any Rule 3.20 ground for avoiding reciprocal discipline, West Virginia was required to impose the same sanction imposed by Colorado; the court therefore annulled his West Virginia law license.

Questions Presented

1. Whether the Colorado disciplinary proceedings violated due process because proceedings resumed after Post was placed on disability inactive status without his seeking reinstatement to active status.
2. Whether alleged structural defects, bias, or retaliation in the Colorado disciplinary system provided a valid basis to reject reciprocal discipline.
3. Whether West Virginia was required under Rule 3.20 of the West Virginia Rules of Lawyer Disciplinary Procedure to impose the same discipline imposed by Colorado.

Disposition

other