Tuesday, June 18, 2013
The West Virginia Supreme Court of Appeals has annulled the license of an attorney who pleaded no contest to criminal charges of false swearing and "malicious application to declare a person mentally ill or inebriate."
The problems started in Baristas Cafe in New Martinsville.
The attorney used profanity and yelled "I showed those motherf**kers down at the courthouse this morning." He then pointed to an owner (Mr. Shade) and said "[a]nd you're next on my list." The attorney was told by Mr. Shade that he would not tolerate such behavior and the attorney departed.
A second incident took place later the same day. He called Mr. Shade "pure evil" and was told not to come back to the cafe. The attorney responded with a threat.
A day later, the attorney filed a notarized petition for a mental heath examination of Shade, alleging that he was suicidal, on drugs and has assaulted the attorney twice without provocation.
Shade was picked up by the police while walking with his son and taken to a mental health facility. He testified that he was stripped and had three security guards posted outside his room.
Slade was drug tested (negative) and the petition was dismissed for lack of probable cause.
The attorney's appeal of the criminal conviction was denied.
The attorney may seek reinstatement but must demonstrate through an independent medical evaluation that he is fit to practice law.
Details here from The Intelligencer:
Rogers, 73, ran unsuccessfully for election multiple times over the decades, including for the Supreme Court last year. A 1966 Harvard law school graduate, Rogers on Monday quoted the verse from Omar Khayy'm about accepting reality that legendary defense lawyer Clarence Darrow famously invoked during the 1924 Loeb-Leopold trial.
"You won't have H. John to kick around anymore," Rogers also said, paraphrasing President Richard Nixon.