On Wednesday, November 13, 2024, the Supreme Court of Appeals of West Virginia suspended the law license of Donna E. Taylor for three years following findings of professional misconduct during her term as Boone County Prosecuting Attorney. The decision came after a disciplinary proceeding initiated by the Lawyer Disciplinary Board, which revealed multiple violations of the West Virginia Rules of Professional Conduct.
The case is entitled “Lawyer Disciplinary Board v. Donna E. Taylor,” with case no. 23-133.
The proceedings included a three-day evidentiary hearing conducted by the Board’s Hearing Panel Subcommittee (HPS), which had previously determined that Taylor had committed four out of five alleged infractions. While the HPS initially recommended a one-and-a-half-year suspension, the Supreme Court ultimately deemed this sanction insufficient given the severity of Taylor’s actions.
The court’s decision stemmed from several key findings. Taylor, who was elected as Boone County Prosecuting Attorney in November 2020, was found to have improperly employed her boyfriend, Branden Ledford, as an Assistant Prosecutor. This action raised significant ethical concerns, creating a conflict of interest and violating the rules against using her office for personal gain. The West Virginia Ethics Commission had previously ruled that her employment of Ledford constituted an unfair advantage, leading to further complications in her professional conduct.
In addition to the employment issue, the court identified failures in Taylor’s administrative duties, particularly regarding the timely preparation of legal documents in abuse, neglect, and juvenile cases. An administrative order from Judge William S. Thompson highlighted that numerous orders had not been prepared, causing unnecessary delays in the legal process. The HPS concluded that Taylor’s inaction in these matters breached multiple professional conduct rules.
Taylor’s record also included serious deficiencies in handling criminal cases. She faced charges related to her preparation of flawed indictments and inadequate trial preparation. In one notable instance, she was found to have mischaracterized evidence in grand jury proceedings, which undermined the integrity of the judicial process. The HPS noted that such misconduct not only reflected poorly on Taylor but also eroded public confidence in the legal system.
The case brought to light a pattern of behavior that the HPS characterized as systematic incompetence and indifference to her professional responsibilities. Despite presenting some mitigating factors—such as a previously unblemished record and challenges like staffing shortages during her tenure—the HPS determined that the gravity of her misconduct warranted a more severe penalty than initially recommended.
Upon reviewing the findings and the recommendations of the HPS, the Appeals Court concluded that Taylor’s actions merited a three-year suspension. The court emphasized the need to address not only the specific incidents of misconduct but also the broader implications for public trust in the legal system. It underscored the importance of accountability for those in positions of public trust.
In addition to the suspension, the court adopted other recommendations from the HPS, including requirements for Taylor to undergo supervised practice upon reinstatement and to comply with specific procedural rules related to disbarred or suspended attorneys. Taylor will also be responsible for the costs associated with the disciplinary proceedings.
The Disposition states:
“Based upon the foregoing, we impose the following sanction upon Ms. Taylor: (l) a three-year suspension of her law license; (2) require Ms. Taylor to comply with the mandates of Rule 3.28 of the Rules of Lawyer Disciplinary Procedure governing the duties disbarred or suspended attorneys; (3) require Ms. Taylor to petition for reinstatement pursuant to Rule 3.32 of the Rules of Lawyer Disciplinary Procedure where, among other issues, the issue of potential supervised practice can be addressed; and (4) order Ms. Taylor to pay the costs of the disciplinary proceedings pursuant to Rule 3.15 of the Rules of Lawyer Disciplinary Procedure.”
According to the filing, Ms, Taylor acquired her law license in West Virginia in 2017.
A copy of the original filing can be found here.
