The West Virginia Office of Disciplinary Counsel is investigating state Attorney General Patrick Morrisey.
Morrisey faces allegations that he didn’t properly distance himself from two attorney general lawsuits against drug wholesalers accused of fueling Southern West Virginia’s prescription drug problem, according to a complaint.
“It’s under investigation,” said Rachael Cipoletti, chief lawyer for the Office of Disciplinary Counsel. “Right now, there’s one open investigation against Mr. Morrisey.”
Morrisey inherited the drug company lawsuits from ousted Attorney General Darrell McGraw, after Morrisey defeated McGraw in the November 2012 election.
Morrisey was a former Washington, D.C., lobbyist for a drug industry trade group that represents 10 of the drug distributors his office is now suing. Morrisey’s wife, Denise Henry, is a longtime lobbyist for another lawsuit defendant, Cardinal Health.
Cipoletti said she could confirm the Morrisey investigation, but office rules prohibit her from disclosing any additional information.
“We can’t tell you what cases are about and when they were opened and what the subjects are,” she said.
Cipoletti also declined to speculate on how long the Morrisey investigation would take. The office receives about 700 complaints against lawyers each year.
“Sometimes, they take time to get through,” she said.
In September, Cabell County businessman Andrew D. Nelson filed a complaint with the state Lawyer Disciplinary Board, alleging Morrisey had an “incurable conflict of interest” with the two drug company lawsuits.
Before taking office, Morrisey lobbied for the Healthcare Distribution Management Association (HDMA), an Arlington, Virginia-based trade group that represents drug wholesalers, according to the complaint. Morrisey’s lobbying work generated $250,000 for his Washington, D.C., law firm, King & Spalding.
HDMA hired Morrisey in 2010 after it merged with Specialty & Biotech Distributors Association, a group that Morrisey headed.
HDMA represents 10 companies, including Cardinal Health, now being sued by Morrisey’s office, while the biotech group lobbied for six drug wholesalers named as defendants.
Morrisey’s wife has lobbied for Cardinal Health since 2007, according to the complaint. Her lobbying firm, Capitol Counsel, has collected $2.5 million from Cardinal Health.
The state Office of Disciplinary Counsel initiates investigations, if the office determines that a complaint alleges “facts, that if true, would constitute a violation of the Rules of Professional Conduct [for lawyers],” according to information posted on the agency’s website.
“The investigation will stay open until there’s a disposition made, either by the investigate panel or by the chief lawyer,” Cipoletti said. “After an investigation, the panel can dismiss the case or find probable cause and file a formal statement of charges.”
In 2012, McGraw’s office filed two separate lawsuits in Boone County against the drug wholesalers. Both suits allege the companies shipped an excessive number of pain pills to West Virginia, which has the highest drug overdose death rate in the nation.
One lawsuit names Cardinal Health, the second largest drug distributor in the U.S. The other suit names 13 more drug wholesalers.
Morrisey has said he stepped aside from the Cardinal Health case when he took office. Morrisey assigned then-chief deputy Dan Greear to manage the Cardinal Health lawsuit. Greear left Morrisey’s office in November, and the case has been assigned to an assistant attorney general.
Morrisey has said he did not step aside from the second lawsuit against the 13 other drug wholesalers. A staff lawyer, however, was appointed to help manage that case.
The lawyer discipline complaint filed against Morrisey questions the attorney general’s ability to “vigorously prosecute” the cases against the drug distributors given the Morrisey’s past and present ties to the companies.
In February, Morrisey disclosed that he hired a private lawyer in 2013 to advise him whether he could take part in the Cardinal Health lawsuit “in the future,” according to a February court filing. Morrisey refused to reveal the lawyer’s name and what advice was given.
Morrisey’s filing was in response to Charleston Gazette lawsuit. The newspaper is seeking documents about Morrisey’s role in the Cardinal Health case. Morrisey refused to release the records after the Gazette requested them under the state Freedom of Information Act.
Morrisey’s office did not respond to a request for comment Wednesday.
Reach Eric Eyre at ericeyre@wvgazette.com, 304-348-4869 or follow @ericeyre on Twitter.
