W. Va. R. Law. Disci. Proc. 6.8
Any information filed alleging impairment or incapacity as a component or basis of a complaint against a lawyer that is filed more than two years after the Complainant knew, or in the exercise of reasonable diligence should have known, of the existence of an impairment or incapacity of a lawyer shall not be considered actionable, nor shall it require a referral pursuant to these Rules, unless it is determined that the impairment or incapacity still exists at the time the complaint is filed. ODC will evaluate information filed beyond the period of limitation set forth by this Rule, including the facts and circumstances of the filing and the current situation/condition of the lawyer who is the subject of the filing, prior to making a referral to WVJLAP pursuant to these Rules.
W. Va. R. Law. Disci. Proc. 6.8