Office of Disciplinary Counsel v. Karen E. Acord

Summary

The West Virginia Supreme Court of Appeals held Karen E. Acord in contempt for failing to comply with a prior disciplinary order requiring restitution to an estate and payment of proceeding costs. The Court immediately and indefinitely suspended her law license, allowing her to seek reinstatement only after compliance through the applicable disciplinary procedure.

Holdings

1. Acord was in contempt of the Supreme Court of Appeals of West Virginia for failing to comply with the order requiring her to pay restitution to the Estate of Anna Diem and the costs of the disciplinary proceeding.
2. The Court immediately and indefinitely suspended Acord's license to practice law in West Virginia.
3. The matter was remanded to the Office of Disciplinary Counsel to determine whether the estate had been closed and, if strict compliance was impossible, how the restitution payment should be distributed.
4. After fully complying with the June 19, 2012 order and purging herself of contempt, Acord could seek reinstatement only through the procedure set forth in Rule 3.32 of the Rules of Lawyer Disciplinary Procedure.

Questions Presented

1. Whether Acord should be held in contempt for failing to comply with the Court's June 19, 2012 disciplinary order requiring restitution and payment of proceeding costs.
2. Whether Acord's failure to comply warranted immediate and indefinite suspension of her license to practice law.
3. What procedure should apply if the estate had been closed and strict compliance with the restitution order was not possible.

Disposition

other