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STATE EX REL. MORRISEY v. W.V.A. DISCIPLINARY COUNSEL OFFICE

No. 14-0587.

764 S.E.2d 769 (2014)

STATE of West Virginia ex rel. Patrick MORRISEY, Attorney General of West Virginia, Petitioner v. WEST VIRGINIA OFFICE OF DISCIPLINARY COUNSEL and West Virginia Lawyer Disciplinary Board, Respondents.

Supreme Court of Appeals of West Virginia.

Decided October 15, 2014.

Concurring in part and Dissenting in part Opinion by Justice Benjamin November 14, 2014.

Attorney(s) appearing for the Case

Patrick Morrisey , Attorney General, Elbert Lin , Solicitor General, J. Zak Ritchie , Assistant Attorney General, Charleston, WV, for Petitioner.

Rachael L. Fletcher Cipoletti , Renee N. Frymyer , Office of Disciplinary Counsel, Charleston, WV, for Respondents.

Christopher C. Quasebarth , Berkeley County Prosecutor's Office, Martinsburg, WV, Brandon C.H. Sims , Jefferson County Prosecutor's Office, Charles Town, WV, for Amicus Curiae, West Virginia Prosecuting Attorneys Association.

DAVIS, Chief Justice:

This matter was brought under the original jurisdiction of this Court by Patrick Morrisey, Attorney General of West Virginia. The Attorney General seeks a writ of prohibition against the Office of Disciplinary Counsel and the West Virginia Lawyer Disciplinary Board (collectively "ODC") to prevent ODC from enforcing an informal advisory opinion that it issued.1 The informal...

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