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Blevins Loses Law License, Still in Race

By JOSELYN KING
POSTED: September 27, 2008

WHEELING - The Republican candidate for Ohio County prosecutor no longer has a law license, but his name will still be on the Nov. 4 ballot.

In a ruling released Friday, the West Virginia Supreme Court of Appeals voted 5-0 to annul the license of Wheeling attorney Mark Blevins.

Rachel Fletcher-Cippoletti, the attorney for the state's Lawyer Disciplinary Board, said annulment is the "the most severe sanction" the court can hand down on an attorney, and is the same as disbarment.

Blevins, however, can work to regain his license, she noted, and said measures for this are spelled out in state code.

The court also set forth the following in its ruling:

  • If Blevins regains his license, his practice would be supervised for two years.
  • He must complete nine hours of continuing legal education in ethics in addition to ethics training he would be required to complete to maintain an active law license.
  • Blevins must pay the cost of his court proceedings.
  • As a prerequisite to reinstatement, Blevins must be certified by a psychiatrist - who must be selected jointly by Blevins and the Lawyer Disciplinary Board.

In complaints filed with the state Lawyer Disciplinary Board, Blevins was accused of soliciting a felon to collect money owed to him by contractors and later asking the felon to get him a "throw away" gun.

Richard Hollandsworth, the attorney representing Blevins in the proceedings before the state Supreme Court this week, did not respond to requests for comment Friday.

"Personally, I feel very sorry for him," said Martin Sheehan, Wheeling attorney and chairman of the Ohio County Republican Party. "I really do."

Blevins' name still will be on the general election ballot, according to Toni Chieffalo, Ohio County coordinator of elections.

If he were to win the prosecutor's post, a challenge would have to be filed to preclude him from serving. These facts were confirmed by Sarah Bailey, spokeswoman for the West Virginia Secretary of State's Office.

West Virginia Code does not specifically require a county prosecutor to have a law license, but it does spell out the duties for which the prosecutor is responsible, she noted.

"It would be impossible for the prosecutor to carry out some of these duties if his law license were suspended," Bailey said.

The state Supreme Court has ruled in past decisions that a county prosecutor does need a law license to do the job, according to Bailey. The court asked Hollandsworth this week about Blevins' being a political candidate.

He told the court Blevins was, in fact, a candidate, but that health issues were keeping him from actively campaigning.

Blevins is facing Democrat and incumbent Ohio County Prosecutor Scott Smith in the Nov. 4 election.

Member Comments
View Comments: | 1-7 | Post a comment
justoutside2
09-28-08 7:50 PM
mccain, why dont you tell everyone what your talking about.

gabound
09-27-08 1:58 PM
sphinx, the charges would be up to the current prosecutor, mr. smith.

SphinxRising58
09-27-08 1:18 PM
wvubeast: Exactly, and why is he not facing any jail or prison time, which is what would happen if an Dick or Jane ordinary person would have tried something like that ?

wvubeast
09-27-08 9:51 AM
Rather than take responsibilty for his own mis-actions, Mr. Blevins would like to see blame shift to the present prosecutor. I don't think Mr. Smith was present when Blevins hired his "hit man". Blevins did something incredibly evil and now must pay for it.

Gillso
09-27-08 9:43 AM
Why doesn't the republican party name a replacement candidate for the general election? Or - is Scott Smith going to get a free ride?

acousticportal
09-27-08 9:27 AM
Maybe he wants to "role-play" the position??

SphinxRising58
09-27-08 3:40 AM
Sounds like double talk to me stating " The state Supreme Court has ruled in past decisions that a county prosecutor does need a law license to do the job ", then countering that statement by saying " West Virginia Code does not specifically require a county prosecutor to have a law license, but it does spell out the duties for which the prosecutor is responsible ".

So, we are to believe that the state law says one thing & the state code says another ?

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