CHARLESTON, WV (LOOTPRESS) – A Williamson attorney and former state legislator will have his law license suspended for six months, the state Supreme Court has decided.
Justin Marcum’s law license is actually suspended for two years but will only be enforced for six months if he complies with other sanctions imposed by the order issued today.
Although other charges were involved, major accusations were related to alleged illicit drug use by the attorney.
Testimony and statements entered during the case indicated Marcum entered a drug treatment program and is now rehabilitated.
Marcum served in the state House of Delegates from Mingo County.
The state Lawyer Disciplinary Board and Marcum had previously agreed to a two-year suspension that included Marcum actually losing his license for six months. A hearing panel, which held a hearing in Williamson, ruled Marcum shouldn’t lose his license for the six-month period.
That was the major issue when disciplinary board appealed the hearing panel’s decision to the Supreme Court.
Chief Lawyer Disciplinary Counsel Rachael Cipoletti argued that doing away with the six-month license suspension would set a bad precedent.
“Without some level of accountability in this case by serving a period of the suspension, we are foregoing the aspect of deterrence,” Cipoletti said.
But evidence presented showed that Marcum had been cooperative throughout the proceedings. All involved testified that he appeared to have become completely rehabilitated from the drug problems he had.
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 conflict of interest, solicitation of clients and fees charged involving several Mingo County residents.
The charge drawing the most attention involved a Jackie Marcum (no relation).
Jackie Marcum was indicted by a Mingo County grand jury in 2018 for selling drugs and among his clients was then Del. Justin Marcum.
The record shows that Justin Marcum represented Jackie Marcum at his arraignment and said, “you take care of me and I’m going to take care of you.” Jackie Marcum said he knew what that meant. Jackie Marcum said he paid Marcum with oxycodone pills.
Investigators said Justin Marcum coincidentally was in surveillance video receiving oxycodone from Jackie Marcum.
He eventually got a plea deal for Jackie Marcum without much, if any, input from the defendant himself.
Marcum served as a Democrat in the House of Delegates from 2012 to 2018.
Justin Marcum was never charged with a crime. Further details of the charges against him are included in a previous lootpress story.
Marcum was represented by Charleston lawyer Lonnie Simmons.
The Supreme Court order generally shows that the high court agreed that some concrete penalty be imposed for Marcum. The result was reinstatement of the six-month suspension.