CHARLESTON, WV (LOOTPRESS) – A once political rising star may have become one of the victims of southern West Virginia’s opioid crisis.
Former Mingo County Delegate, Democrat Justin Marcum, says he has escaped the tyranny of the region’s drug culture and can continue to successfully practice law.
While the Lawyer Disciplinary Board has commended Marcum for his turnaround, they still believe he should give up his license for a period of time.
Now, the state Supreme Court will decide who’s right. They could suspend his license for six months.
Known as an aggressive legislator during his tenure in Charleston, the LDB and Marcum actually agreed on a two-year suspension that
included Marcum losing his license for six months.
But a hearing panel, meeting in Williamson, ruled Marcum shouldn’t lose his license for the six-month period.
The disciplinary board appealed the hearing panel’s decision to the Supreme Court in a 39-page petition.
Chief Lawyer Disciplinary Counsel Rachael Cipoletti told the Court last week that not suspending Marcum for six months who represent a slap on the wrist and not be a deterrent to future illegal activities by lawyers.
“Without some level of accountability in this case by serving a period of the suspension, we are foregoing the aspect of deterrence,” Cipoletti said.
The state Office of Disciplinary Counsel previously charged Marcum with several violations of the Rules of Professional Conduct dating back to complaints filed beginning in 2016. The charges were for things like conflict of interest, solicitation of clients and fees charged involving several Mingo County residents.
Most critical are allegations that Justin Marcum represented Jackie Marcum (not related) while he (Jackie Marcum) was supplying Justin Marcum with a controlled substance as part of his legal fee. The oxycodone pills were being provided to Justin Marcum when Jackie Marcum was indicted in 2018 for selling drugs.
There is disputed testimony as to whether Justin Marcum is shown on video obtaining the illegal drugs from Jackie Marcum. Nevertheless, the attorney admits that he obtained the pills from his client occasionally.
During Jackie Marcum’s arraignment, Justin Martin allegedly told him, “you take care of me and I’m going to take care of you.” Jackie Marcum said he knew what that meant.
Justin Marcum eventually got a plea deal for Jackie Marcum without much, if any, input from the defendant himself.
Justin Marcum represented Mingo in the House from 2012 to 2018. He eventually agreed with the complaints against him and proposed sanctions.
Rumors of a “settlement” in his case had circulated in Williamson for some time. Most had him losing his law license for an extended period.
Evidence shows he has stopped using drugs and has been getting help through the West Virginia Judicial and Lawyer Assistance Program for more than three years. Part of that program included an intensive drug treatment program that took place in Tennessee for a few weeks in June 2018.
Cipoletti told the Supreme Court last week she applauded Marcum’s “heroic efforts, getting himself into sobriety and staying in that sobriety. We laud his efforts.” Still, he must be held accountable, she said.
Although he clearly admitted to violations, Justin Marcum was never charged with a crime.
Marcum’s attorney Lonnie Simmons of Charleston asked the court to listen to the hearing panel.
“The hearing panel ultimately decided what would be achieved by having him actually suspended for six months? What would that achieve? The panel decided it wouldn’t achieve anything under these facts,” Simmons said.
In his filing on Marcum’s behalf, Simmons wrote,“The Hearing Panel in this case opted to send a message to Respondent and to other similarly situated lawyers that there is hope.”
The court is expected to rule before the end of the year.