No. 12-0677 – In Re: Petition for Reinstatement of L. Dante Ditrapano
FILED
June 18, 2014
released at 3:00 p.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
Justice Ketchum, dissenting:
Sometimes we need to mix a little mercy with justice. Lawyer Disciplinary
Board v. Brown, 223 W.Va. 554, 678 S.E.2d 60 (2009) (Justice Ketchum, dissenting).
Mr. Ditrapano was in legal trouble for years because of his drug and
alcohol addiction. However, he has been drug and alcohol free for over seven years and
straightened up his life. In fact, he has more than met our five-factor test for
rehabilitation in order to be readmitted to the practice of law. See, In Re: Smith, 214
W.Va. 83, 585 S.E.2d 602 (1980).
The hearing Panel Subcommittee of the Lawyer Disciplinary Board heard
the evidence, considered the extent of the rehabilitation, weighed the demeanor of the
witnesses and Mr. Ditrapano, and made a thoughtful, measured recommendation. I
would accept their recommendation to conditionally reinstate Mr. Ditrapano’s law license
after the completion of his supervised release.
I disagree with my distinguished colleagues.
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