Published: April 22, 2009 09:53 pm

Lawyer files complaint against Greenbrier County judge
Tina Alvey
Register-Herald Reporter

LEWISBURG — An attorney’s effort to have Greenbrier County Circuit Judge James J. Rowe disqualified from hearing a civil case has brought to light an ethics complaint against the judge that would otherwise have remained shrouded in secrecy.

Barry Bruce, a Lewisburg attorney who unsuccessfully challenged Rowe in last fall’s general election, filed a complaint against the judge with the Judicial Investigation Commission on Jan. 7. In that complaint, Bruce alleges Rowe made “a false statement of material fact” when taking the state bar exam in 1978.

Bruce claims Rowe misrepresented his academic credentials. Rowe obtained his law degree from the International School of Law, which was never accredited by the American Bar Association, according to the complaint.

In an April 2 letter to the JIC, Rowe acknowledged “at the time of my graduation my law school had not yet been accredited.” He continued, “Members of my class of what was then known as the International School of Law were granted permission to sit for the Virginia State Bar exam.”

Rowe passed the Virginia Bar exam in July 1977; he was admitted to the state bar in the Old Dominion that fall. The next year, he was advised by a member of the West Virginia State Bar that he could take the West Virginia Bar exam if he could demonstrate he had successfully passed the bar exam in another state, Rowe wrote the JIC. He passed the West Virginia exam in February 1978.

Generally, JIC proceedings are confidential until the commission makes a determination that probable cause exists to pursue disciplinary action against the judge against whom the complaint was filed. At that point, the nine-member commission refers the matter on to the state Supreme Court for action. Then, and only then, is even the existence of the complaint publicly confirmed, according to Jennifer Bundy, the high court’s public information officer.

This particular complaint saw the light of day because of a motion made by attorney Carl Roncaglione Jr. seeking Rowe’s disqualification to preside over a case involving a land dispute between David Ryder and First National Bank. Roncaglione represents Ryder.

In an April 14 letter to Chief Justice Brent Benjamin, Rowe notes the arguments presented by Roncaglione in favor of recusal echo the allegations Bruce made to the JIC in January. Certain supporting documents, including copies of Bruce’s complaint and Rowe’s response, were placed in the civil case file at the Greenbrier County Courthouse.

Rowe maintains there is no basis for his disqualification from the Ryder civil case, just as there is no basis for Bruce’s complaint to the JIC.

As of Wednesday, the chief justice had not responded to Rowe’s letter regarding the recusal, nor did the Supreme Court clerk’s office have any record of a JIC recommendation regarding Bruce’s complaint.

As to the latter issue, Bundy said, “That just means that no probable cause has been found. So either the Judicial Investigation Commission is still investigating or they’re finished and no probable cause for further action was found.”

— E-mail:

talvey@register-herald.com

Comments
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Democrat for Bruce

Lewisburg, WV

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Judge it!
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#1
Oct 22, 2008


Judged:


Barry Bruce will make a welcome change to the courthouse and judicial system in Gbr. and Poco. Co. Fair, impartial, and hardworking he will make the judical system fair for all. Bruce for Judge.
Judge Rowe Again

Charleston, WV


#2
Oct 24, 2008

I am disappointed at the negative ad campaign that Mr. Bruce has ran against Judge Rowe. It seems like a trend with the Republican Party this election. The facts clearly show that Judge Rowe has been a fair and impartial judge and his record proves that he has never acted inappropriately in his capacity as judge. He has done an excellent job for Pocahontas and Greenbrier Counties. He has been fair, and he is extremely hardworking, and that is why he will be getting my vote on November 4th!
Lburg

Charleston, WV

R
#3
Oct 24, 2008



Judge Rowe is the most fair, conscientious judge I've witnessed. I have been in the position to see several judges in action, and without a doubt Rowe is impressive. He has huge respect in the courtroom, respect among the lawyers, respect among other judges, and respect in the Legislature. He is fair, yet isn't afraid to impose a very strong sentence when warranted.

How can you respect someone who starts out by trying to smear, blame, and reduce to nothing Rowe's years of exemplary service to this circuit.

I am not employed by, nor am I related to James Rowe. I am, however, in a position to witness the competency of this office...and I strongly endorse Rowe.
Independent for Bruce

Lewisburg, WV


#4
Oct 24, 2008

I honestly believe that judicial candidates should not accept contributions from PACs and special interests. If both candidates were equal I would let that issue guide me and vote for Mr. Bruce because he refuses such donations. But more than that, I know both men and think Barry Bruce has the more rounded legal experience and is, quite frankly, smarter - IMHO.
For Honest Judges

Rochester, NY


#5
Oct 25, 2008

We are very disappointed In Mr. Rowe misstating where He graduated from law school! He could easily put this to rest by presenting his sheepskin! Also explain how he was able totake the WV bar in1978 when he did not grauate from an approved law school! Cannot vote for him until he answers these serious questions!
GBR Citizen

Charleston, WV


#6
Oct 25, 2008

I like Barry Bruce. He isn't afraid to take on the big boys , like the Greenbrier hotel and he and his wife are good christian people.
GBR Citizen

Charleston, WV


#7
Oct 25, 2008


For Honest Judges wrote:
We are very disappointed In Mr. Rowe misstating where He graduated from law school! He could easily put this to rest by presenting his sheepskin! Also explain how he was able totake the WV bar in1978 when he did not grauate from an approved law school! Cannot vote for him until he answers these serious questions!

I am not defending Mr. Rowe but in WV at the time you could take the WV bar by having 3 years legal experience . You did not need to go to law school then.
WANT TO KNOW

Lewisburg, WV


#8
Oct 25, 2008

WHY THE GBR. HOTEL MAKES LARGE DONATIONS TO JIM ROWES CAMPAIGN BUT FIRED HIS WIFE FROM EMPLOYMENT THERE LAST YEAR. WHAT IS UP WITH THAT!

MR. ROWE HAS RAISED OVER 90k IN CAMPAIGN CONTRIBUTIONS. HE DOESN'T OWE ANY FAVORS DOES HE.
FAIR, HONEST AND EXPERIENCED AND
IMPARTIAL JUDGES ARE WHAT WE NEED.
VOTE BRUCE!