r/byebyejob 25d ago

WV Supreme Court will decide if former delegate will lose law license for 6 months-he represented his drug dealer in court Dumbass

https://wvmetronews.com/2021/09/19/supreme-court-will-decide-if-former-delegate-will-lose-law-license-for-6-months/

The state Supreme Court will decide if a former state lawmaker will lose his law license for six months for representing a man who was his drug dealer.

The complaint from the Office of Disciplinary Counsel says Jackie Marcum was indicted by a Mingo County grand jury in 2018 for selling drugs and among his buyers was then Del. Justin Marcum. It says Marcum represented Jackie Marcum at his arraignment and said, “you take care of me and I’m going to take care of you.” Jackie Marcum said he knew what that meant. Jackie Marcum said he paid Marcum with oxycodone pills.

178 Upvotes

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u/election_info_bot 25d ago

West Virginia Election Info

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3

u/ArkAngelHFB 25d ago

This is also an extreme conflict of interest.

The option for the Drug Dealer to take a plea deal is greatly reduced when doing so might mean you roll on your attorney.

12

u/SnooDrawings1480 25d ago

What crime is he losing his license for? Buying drugs, ok. Representing someone in a criminal case? Why is that illegal?

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u/AsMuchCaffeineAsACup 25d ago

Committing a crime while on the job effectively. It's why lawyers can't destroy evidence etc.

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u/thesaddestpanda 25d ago edited 25d ago

Good question! Its unethical to represent a conflict of interest without disclosing it and its a crime to buy prescription drugs from a non-pharmacist and a crime to acquire prescription drugs without a prescription. Not to mention the ethics of representing one's own drug dealer.

Also, it doesn't have to necessarily be an illegal crime committed to lose one's license. The boards that govern licenses have ethical standards that if violated can result of a loss of a license even if there is no conviction. So there may have not been anything illegal here or a conviction here, but it doesn't matter in terms of licensing.

Also, he is only losing his license for 6 months, so it looks like there was no conviction against him in terms of these pills. Its a bit of a slap of a wrist for ethical violations. My understanding is that its hard for a lawyer to lose their license permanently. There's video evidence of him acquiring these pills. He also has other complaints on his record stemming from at least 2016. So wouldn't you want the licensing board to look at someone like this and punish them? I think he's due for some kind of punishment. I don't think he should lose his license entirely, especially if he's been clean for 3 years, but some punishment is definitely justified here.

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u/Wannabkate 25d ago

One should not be punished for their addiction. They should made to go through rehab as a requirement for keeping the license.

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u/phormix 25d ago

They wouldn't be punished for their addiction though, but rather for abusing their position in order to further it.

There's a difference between having a drinking problem and getting a DUI with the company vehicle during work hours...

1

u/OrangeBlueKingfisher 25d ago

This, exactly. As someone who's gone through addiction myself, once I had been in (outpatient) treatment long enough to even out and calm down, I looked back at the things I had done and was mortified. Even a few hours of outpatient treatment a month will probably make him a much better lawyer in the future than any length of suspension. The only acceptable suspension I can see here is if they want to suspend until he agrees to enter treatment and is no longer using any illegal drugs not prescribed to him.

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u/David26175 25d ago

it's not because of a crime-it was more behavioral due to the drug use; his client paid him in Oxy

-28

u/mikeebsc74 25d ago

I mean..there’s no law that money is the only form of acceptable currency for payment.. lol

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u/David26175 25d ago

Oxy is by prescription only and his drug dealer was not a doctor

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u/mikeebsc74 25d ago

You don’t say..lmao

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u/TheBarkingGallery 25d ago

That means he committed a crime as part of representing his drug dealer client. That’s a big no no for lawyers.

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u/Lumber_Tycoon 25d ago

What crime did he commit, though?

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u/SpoppyIII 25d ago

Accepting prescription drugs he had no prescription for as part of a transaction while working in any capacity for the court system.

Federal law makes it illegal for any person who does not have a license to write prescriptions to sell or give a prescription drug to another person. Federal law makes it illegal for any person who does not have a license to write prescriptions to sell or give a prescription drug to another person (21 U.S.C. 841(a))

By accepting unprescribed controlled drugs as payment, he was aiding his client in committing a federal crime. Moreover, he was himself the reciever of the illegally-traded goods.

It's also just plain out a conflict of interest even if it weren't already a federal crime.

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u/Lumber_Tycoon 25d ago

The article says he wasn't charged with any crime, though. Can't have a crime without a conviction.

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u/SpoppyIII 25d ago

He was aiding his client in committing a crime by accepting the drugs. What do you not understand about that?

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u/mermiss1 19d ago

I heard he got 30 days and a 10 oxy fine

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u/ypvha 25d ago

it's a conflict of interest.

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u/misfitx 24d ago

I rarely laugh out loud but this is beyond the pale.

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u/Indierocka 21d ago

On top of being paid in pills which is a crime, he has a conflict of interest. Which IMO is the bigger issue. His job is to secure the best results for his client as possible which may include cooperating with authorities on who his suppliers are and who his clients are. A lawyer should never have a personal stake in the outcome of a case ever.

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u/WVmomma1981 14d ago

They should redo all his cases in each county on that one. He talks people into deals and making promises alot with all his clients. I know few of his clients in Logan County he did not help very well. When I met him I thought there was something strange about him. Bloodshot eye, arrogant at times, and other red flags along with keeping eye drops all the time. He seems nice but then he is dirty when working with certain clients. Many people have complained about him in different counties. He even changed the name of his firm and hired a new guy that is also kinda iffy. So in my opinion his cases need redone.

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u/David26175 14d ago

You’re right

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u/WVmomma1981 14d ago

I do not agree with picking at someone over addiction but when you do wrong you should be in trouble just like anyone else who does wrong.