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ODC seeks suspension of Pleasants County Prosecutor’s law license

Confirms federal criminal investigation

A petition seeking the revocation of Pleasants County Prosecuting Attorney Brian Carr’s law license confirmed the existence of a federal investigation into his role in dismissing criminal charges in exchange for monetary donations. (File Photo)

CHARLESTON — Citing an ongoing federal criminal investigation, the West Virginia Office of Disciplinary Counsel wants Pleasants County Prosecuting Attorney Brian Carr’s law license for his role in dismissing certain misdemeanors in exchange for cash donations to a Christmas gift program.

Rachel L. Fletcher Cipoletti, the chief lawyer disciplinary counsel for the ODC, filed a petition March 11 seeking the immediate suspension of Carr’s law license with the West Virginia Supreme Court of Appeals.

The filing is the first confirmation that Carr and Assistant Prosecuting Attorney Paul Marteney are under criminal investigation stemming from their involvement with the St. Marys Police Department’s Slow Down for the Holidays program.

In her petition to revoke Carr’s law license, Cipolotti confirmed that the U.S. Attorney’s Office for the Northern District of West Virginia was investigating the matter. The office has previously refused to confirm or deny an investigation.

“(The U.S. Attorney’s Office) sent an email … which stated ‘[a]s we’ve previously discussed, you are correct there is an ongoing criminal investigation of both attorneys concerning their involvement in the subject program,'” Cipoletti wrote.

The Investigative Panel of the West Virginia Lawyer Disciplinary Board charged Carr and Marteney in October of multiple violations of the Rules of Professional Conduct for dismissing select state misdemeanor charges between 2018 and 2020 in exchange for monetary donations to the Slow Down for the Holidays program.

Begun by the St. Marys Police Department in 2008 when Carr was a municipal judge, the program allowed motorists tickets for minor traffic infractions to have their tickets dismissed if a toy or gift card donation was made to the program.

However, state investigators said Carr and Marteney’s selection of only a few misdemeanor cases, some for driving under the influence, in exchange for monetary donations constituted a “bribe.”

In the March 11 petition, Cipoletti said Carr committed violations of the West Virginia Rules of Professional Conduct and “poses a substantial threat of irreparable harm to the public.” She said Carr is accused of 178 violations of the Rules of Professional Conduct in 21 separate counts.

“It is without question that there is no rule, statute, or case that permits (Carr), the elected prosecutor, to usurp the role of the Legislature and disregard the judiciary to create a secondary system that allowed ‘innocence’ to be purchased for the chosen few for donations to a charity run by law enforcement,” Cipoletti wrote. “… (Carr’s) decision to disregard the laws of the State and dismiss criminal charges in exchange for money is outrageous.”

The hearing panel subcommittee of the Lawyer Disciplinary Board granted a motion to stay the disciplinary case against both Carr and Marteney earlier this month for 90 days after it was revealed there were ongoing state and federal criminal investigations into their role in the Slow Down program. A status conference is scheduled for June 23.

An earlier investigation by the Judicial Investigation Commission resulted in the resignations of the county’s two magistrates for their role in the Slow Down program.

“Although the (hearing panel subcommittee) issued a 90 day stay … the federal investigation could go on for an indeterminate period of time,” Cipoletti wrote. “In a twist of unjust irony, the citizens of Pleasants County are forced to idly watch as their prosecutor, paid with their tax dollars, shields himself from consequences from professional misconduct by wrapping himself in the same Constitution he is accused of systemically violating.”

Steven Allen Adams can be reached at sadams@newsandsentinel.com.

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