CHARLESTON, W.Va. -- A state employees union alleged Monday that two administrative law judges with the state Public Employees Grievance Board violated ethics law by hearing cases while their law licenses were inactive.

The complaint, filed with the state Ethics Commission by the West Virginia Public Workers Union UE Local 170, contends that Judges Denise Spatafore and Brenda Gould violated ethics law for failing to recuse themselves from hearing employee grievances between July 2007 and September 2008.

On Sept. 8, the grievance board suspended Spatafore and Gould from hearing cases until they had completed enough continuing legal education credits to be restored to active status by the State Bar.

Both judges were reinstated about two weeks later.

"Basically, the issue is that for a year, these people were hearing cases and making decisions in violation of the statute, and I don't think that's something you can go back and say, 'I don't think this is so bad,'" said Gordon Simmons, the employee union field organizer who filed the complaint.

The complaint calls on the Ethics Commission to rule that the two should be fired, on the grounds that they "have so thoroughly and demonstrably damaged the credibility of the grievance process and the concept of the fair administrative due process of law."

Bob Brown, chairman of the grievance board, said confusion and debate over whether administrative law judges should have active status as attorneys contributed to the misunderstanding.

"I don't think there was any concerted effort on anyone's part to violate the ethics law or anything else," he said.

CHARLESTON, W.Va. -- A state employees union alleged Monday that two administrative law judges with the state Public Employees Grievance Board violated ethics law by hearing cases while their law licenses were inactive.

The complaint, filed with the state Ethics Commission by the West Virginia Public Workers Union UE Local 170, contends that Judges Denise Spatafore and Brenda Gould violated ethics law for failing to recuse themselves from hearing employee grievances between July 2007 and September 2008.

On Sept. 8, the grievance board suspended Spatafore and Gould from hearing cases until they had completed enough continuing legal education credits to be restored to active status by the State Bar.

Both judges were reinstated about two weeks later.

"Basically, the issue is that for a year, these people were hearing cases and making decisions in violation of the statute, and I don't think that's something you can go back and say, 'I don't think this is so bad,'" said Gordon Simmons, the employee union field organizer who filed the complaint.

The complaint calls on the Ethics Commission to rule that the two should be fired, on the grounds that they "have so thoroughly and demonstrably damaged the credibility of the grievance process and the concept of the fair administrative due process of law."

Bob Brown, chairman of the grievance board, said confusion and debate over whether administrative law judges should have active status as attorneys contributed to the misunderstanding.

"I don't think there was any concerted effort on anyone's part to violate the ethics law or anything else," he said.

He said that for many years the policy of the State Bar had been to treat the status of ALJs the same as circuit and Supreme Court judges. Those judges maintain inactive status as lawyers to avoid any appearance of bias if they were active-status attorneys.

Brown said the State Bar only recently clarified its rules to require ALJs to maintain active status as lawyers, in order to stay up to date on coursework such as pretrial mediation.

"The understanding of what was required changed along the way," he said, adding, "From my perspective, there certainly was no unethical behavior."

Brown said he does not believe any rulings by the two ALJs while they were on inactive status should be overturned or reviewed, but said that issue will likely be resolved in circuit court.

"As in a lot of things in this world, it will be sorted out in court," he said.

Under state ethics law, the Ethics Commission cannot comment on the status of any complaints until they reach the hearing stage before the full commission.

Reach Phil Kabler at ph...@wvgazette.com or 348-1220.