Disciplinary Counsel shall perform all prosecutorial functions and have the authority to (1) receive complaints concerning violations of the Code of Judicial Conduct and the Rules of Professional Conduct; (2) review all complaints concerning violations of the Code of Judicial Conduct and the Rules of Professional Conduct; (3) investigate information concerning violations of the Code of Judicial Conduct and the Rules of Professional Conduct; (4) prosecute violations of the Code of Judicial Conduct and Rules of Professional Conduct before the Lawyer Disciplinary Board, the Judicial Investigation Commission, the Judicial Hearing Board, and the Supreme Court of Appeals; (5) employ and supervise staff necessary for the performance of prosecutorial functions; (6) notify promptly the complainant and the respondent of the disposition of each matter; (7) notify each jurisdiction in which a lawyer is admitted of the transfer to or from disability, reinstatement, or any public discipline imposed in the State of West Virginia; (8) seek reciprocal discipline when informed of any public discipline imposed in any other jurisdiction; (9) forward a certified copy of the order or judgment of conviction in each jurisdiction in which a lawyer is admitted when the lawyer is convicted of crime reflecting adversely on a lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects; (10) maintain permanent records of discipline and disability matters and compile statistics to aid in the administration of the system, including but not limited to a single log of all complaints received, investigative files, statistical summaries of docket processing and case dispositions, transcripts of all proceedings or audiotapes if not transcribed, and other records as the Lawyer Disciplinary Board, Judicial Investigation Commission, Judicial Hearing Board or the Supreme Court of Appeals require to be maintained; and (11) undertake, pursuant to information provided by the Lawyer Disciplinary Board, Judicial Investigation Commission or the Supreme Court of Appeals, whatever investigations are deemed appropriate.
West Virginia > Rules Governing Lawyers and Judges > West Virginia Rules of Judicial Disciplinary Procedure > RULE 5.4. AUTHORITY.
RULE 5.4. AUTHORITY.
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- West Virginia Rules of Judicial Disciplinary Procedure
- RULE 1. JUDICIAL INVESTIGATION COMMISSION.
- RULE 1.1. MEMBERSHIP.
- RULE 1.10 DISQUALIFICATION.
- RULE 1.11. AUTHORITY.
- RULE 1.2. TERMS.
- RULE 1.3. APPOINTMENT.
- RULE 1.4. ELIGIBILITY.
- RULE 1.5. VACANCIES.
- RULE 1.6. REAPPOINTMENT.
- RULE 1.7. ELECTION OF OFFICERS.
- RULE 1.8. QUORUM.
- RULE 1.9. COMPENSATION AND EXPSENSES.
- RULE 2. JUDICIAL DISCIPLINARY COMPLAINTS.
- RULE 2.1. FORM OF COMPLAINTS.
- RULE 2.10. RESPONSE TO FORMAL CHARGES.
- RULE 2.11. FAILURE TO FILE RESPONSE.
- RULE 2.12. LIMITATION OF COMPLAINTS.
- RULE 2.13. ADVISORY OPINIONS.
- RULE 2.14. EXTRAORDINARY PROCEEDINGS.
- RULE 2.2. INVESTIGATION OF COMPLAINTS.
- RULE 2.3. RESPONSE TO COMPLAINTS.
- RULE 2.4. CONFIDENTIALITY.
- RULE 2.5. PRIVILEGE AND IMMUNITY.
- RULE 2.6. REPORT ON COMPLAINTS.
- RULE 2.7. REVIEW OF COMPLAINTS.
- RULE 2.8. FILING OF FORMAL CHARGES.
- RULE 2.9. SERVICE OF FORMAL CHARGES.
- RULE 3. JUDICIAL HEARING BOARD.
- RULE 3.1. MEMBERSHIP.
- RULE 3.10. DISQUALIFICATION.
- RULE 3.11. AUTHORITY.
- RULE 3.12. EXCLUSIVE JURISDICTION.
- RULE 3.2. TERMS.
- RULE 3.3. APPOINTMENT.
- RULE 3.4. ELIGIBILITY.
- RULE 3.5. VACANCIES.
- RULE 3.6. REAPPOINTMENT.
- RULE 3.7. ELECTION OF OFFICERS.
- RULE 3.8. QUORUM.
- RULE 3.9. COMPENSATION AND EXPENSES.
- RULE 4. HEARINGS ON FORMAL CHARGES.
- RULE 4.1. TIME AND PLACE OF HEARING.
- RULE 4.10. CONSENT TO RECOMMENDED DISPOSITION.
- RULE 4.11. OBJECTION TO RECOMMENDED DISPOSITION.
- RULE 4.12. PERMISSIBLE SANCTIONS.
- RULE 4.13. ATTORNEY FEES UPON DISMISSAL.
- RULE 4.2. NOTICE OF HEARING.
- RULE 4.3. CONDUCT OF HEARING.
- RULE 4.4. PRIVILEGE AND IMMUNITY.
- RULE 4.5. STANDARD OF PROOF.
- RULE 4.6. SUBPOENA AND CONTEMPT POWER.
- RULE 4.7. RECORD OF HEARINGS.
- RULE 4.8. RECOMMENDED DISPOSITION BY BOARD.
- RULE 4.9. RESPONSE TO RECOMMENDED DISPOSITION.
- RULE 5. OFFICE OF DISCIPLINARY COUNSEL.
- RULE 5.1. APPOINTMENT.
- RULE 5.2. REMOVAL.
- RULE 5.3. PRACTICE OF LAW.
- RULE 5.4. AUTHORITY.
- RULE 5.5. EXPENSES.
- RULE 5.6. STATISTICAL REPORTING.
- RULE 6. REFERRALS TO THE WEST VIRGINIA JUDICIAL AND LAWYER ASSISTANCE PROGRAM.
- RULE 6.1. NOTIFICATION.
- RULE 6.10. PERIOD OF LIMITATION FOR FILING INFORMATION.
- RULE 6.2. WVJLAP COMPLIANCE.
- RULE 6.3. AUTHORITY.
- RULE 6.4. CONFIDENTIALITY.
- RULE 6.5. REFUSAL TO COMPLY.
- RULE 6.6. FAILURE OF REHABILITATION.
- RULE 6.7. EVALUATION EXPENSES.
- RULE 6.8. PROCEEDINGS AND PROCESS.
- RULE 6.9. INFORMATION PROVIDED TO DISCIPLINARY AUTHORITIES BY THE WVJLAP.
- RULE 7. MANDATORY CONTINUING JUDICIAL EDUCATION.
- RULE 7.1. PROGRAM ADMINISTRATION.
- RULE 7.10. REVOCATION OF ACCREDITED STATUS.
- RULE 7.11. DELAYED ACCREDITATION.
- RULE 7.12. REIMBURSEMENT OF EXPENSES.
- RULE 7.13. FINALITY OF DECISIONS.
- RULE 7.14. MINIMUM CONTINUING JUDICIAL EDUCATION REQUIREMENTS FOR ACTIVE JUDGES.
- RULE 7.15. REPORTING.
- RULE 7.16. MINIMUM CONTINUING JUDICIAL EDUCATION REQUIREMENTS FOR NEW JUDGES AND TEMPORARY FAMILY COURT JUDGES.
- RULE 7.17. OBTAINING CREDITS.
- RULE 7.18. RETROACTIVE CREDIT.
- RULE 7.19. TRANSFER OF CREDIT.
- RULE 7.2. COURSE APPROVAL.
- RULE 7.20. NONCOMPLIANCE AND SANCTIONS.
- RULE 7.21. RIGHT TO HEARING.
- RULE 7.3. CREDIT HOURS.
- RULE 7.4. EXEMPTIONS.
- RULE 7.5. DISCIPLINARY ACTION.
- RULE 7.6. ANNUAL REPORT.
- RULE 7.7. PRESUMPTIVELY APPROVED COURSES.
- RULE 7.8. OBTAINING COURSE APPROVAL.
- RULE 7.9. STANDARDS OF ACCREDITATION.
- West Virginia Rules of Professional Conduct
- Supreme Court and Intermediate Court Proceedings
- West Virginia Family Court Proceedings
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