dealing with release of information concerning investigation of attorney misconduct pursuant to a disciplinary proceeding and stating that “[ajccountability for all decisions can only bolster confidence in this self-regulatory process, and at the same time, increase the likelihood of receiving information concerning attorney misconduct.”
How later courts described this case
- dealing with release of information concerning investigation of attorney misconduct pursuant to a disciplinary proceeding and stating that “[ajccountability for all decisions can only bolster confidence in this self-regulatory process, and at the same time, increase the likelihood of receiving information concerning attorney misconduct.”
- holding private discipline of attorneys in West Virginia unconstitutional as violation of open courts provision in West Virginia Constitution art. III, § 17
- deciding that "the West Virginia State Bar is an agency of the Supreme Court of Appeals, and not an independent agency"
- recognizing a constitutional right of access to attorney disciplinary proceedings
Written by the judges who cited it.
The opinion
NEELY, Chief Justice,
dissenting:
I dissent not so much to the majority’s holding but rather to the tone of today’s opinion. The Court this day implies that the Legal Ethics Committee of the West Virginia State Bar has somehow consciously gone about “shrouding its proceedings in secrecy” to avoid the public’s {vide the press’) scrutiny. Since its inception, the Legal Ethics Committee has served this Court, the bar, and the citizens of our state with admirable devotion to fairness and the truth. I think a firm handshake and the words “well done good and faithful servant” are more in order.
Now I do not necessarily disagree that at some point the public has a right to know about disciplinary proceedings against lawyers. However, I question whether unsub *369 stantiated charges, even given the existence of probable cause to initiate an investigation, ought immediately to be open to the public. For example, a lawyer might find himself in the position of being able to defend himself against some charge only by exposing material that ought to be kept confidential. It would be preferable in my opinion, to permit unrestricted public examination only after a case has been concluded by the Legal Ethics Committee.
Furthermore, in light of the fact that newspapers are primarily, and by economic necessity, in the entertainment business it is not advisable to splatter unfounded allegations against lawyers on the front page, in bold headlines above the fold. Clients, like nervous investors on the stock exchange, can be frightened all too quickly by rumors. Therefore, I believe that the majority was too expansive in setting the “parameters” of the public’s access to lawyer disciplinary proceedings.