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2017 SESSION
17101076DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-3935 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-3935. Procedure for disciplining attorneys by three-judge circuit court.
A. If the Supreme Court,
the Court of Appeals, or any circuit court of this Commonwealth observes, or if
a complaint, verified by affidavit is made by any person to such court, that
any attorney has been convicted of a misdemeanor involving moral turpitude or a
felony or has violated the Virginia Code of Professional Responsibility, the
court may assign the matter to the Virginia State Bar for investigation. Upon
receipt of the report of the Virginia State Bar, the court may issue a rule
against such attorney to show cause why his license to practice law shall not
be revoked. If the complaint, verified by affidavit, is made by a district
committee of the Virginia State Bar, the court shall issue a rule against the
attorney to show cause why his license to practice law shall not be revoked.
B. If the rule is issued
by the Supreme Court or the Court of Appeals, the rule shall be returnable to
the Circuit Court of the City of Richmond. Any attorney who is the subject of a disciplinary
proceeding or the
Virginia State Bar may elect to terminate the
proceeding before the Bar Disciplinary Board or a district
committee and
demand that further proceedings be conducted by a three-judge
circuit court. Such demand shall
be made in accordance with the rules and procedures set forth in Part Six, Section IV,
Paragraph 13 of the Rules of
Supreme Court of Virginia. Upon receipt of a
demand for a three-judge circuit court, the Virginia State Bar shall file
a complaint in a circuit court where venue is proper and
the chief judge of the circuit court shall issue a rule against the attorney to
show cause why the attorney
shall not be disciplined.
At the time the rule is issued by the Supreme Court, the
Chief Justice shall designate three circuit court judges to hear and decide the case. If the rule is
issued by the Court of Appeals or a circuit court, the issuing court shall certify the
fact of such issuance and the time and place of the hearing thereon, to the Chief Justice of the
Supreme Court, who shall designate the three-judge
circuit court, which shall consist of three circuit court
judges of circuits other than the circuit in which the case is pending, to hear and decide the case. In proceedings under this section, the court shall
adopt the Rules and Procedures described The rules and procedures set forth
in Part Six, Section IV, Paragraph 13 of the Rules of
Supreme Court of Virginia shall
govern any attorney disciplinary proceeding before a three-judge circuit court.
C. B. Bar
Counsel of the Virginia State Bar shall prosecute the case. Special counsel may
be appointed to prosecute the case pursuant to § 2.2-510.
D.
Upon the hearing, if the attorney is found guilty by the court, his license to
practice law in this Commonwealth shall be revoked or suspended for such time
as the court may prescribe. In lieu of revocation or suspension, the C. The three-judge
circuit court hearing
the case may dismiss the case or
impose any other sanction authorized by
Part Six, Section IV, Paragraph 13 of the Rules of
Supreme Court of Virginia.
In any case in which the attorney is found
guilty of engaging to have engaged
in any criminal activity that violates the Virginia Rules of Professional
Conduct and results in the loss of property of one or more of the attorney's
clients, the three-judge circuit
court shall also require, in instances where the attorney is allowed to retain
his license, or is permitted to have his license reinstated or restored, that
such attorney maintain professional malpractice insurance during the time for
which he is licensed to practice law in the Commonwealth. The Virginia State
Bar shall establish standards setting forth the minimum amount of coverage that
the attorney shall maintain in order to meet the requirements of this
subsection. The Before resuming the practice of law in the
Commonwealth, the attorney shall certify to the Virginia
State Bar that he has the required insurance and shall provide the name of the
insurance carrier and the policy number.
E. D. The
attorney, may, as of right, appeal from the judgment of the
three-judge circuit court to the Supreme Court pursuant to
the procedure for filing an appeal from a trial court, as set forth in Part 5
of the Rules of Supreme
Court of Virginia. In any such
appeal, the Supreme Court may, upon petition of the attorney, stay the effect
of an order of revocation or
suspension during the pendency of the appeal. Any
order of reprimand other sanction
imposed by a three-judge circuit court shall be
automatically stayed prior to or during the pendency of an the appeal
therefrom. No stay shall be granted
in cases where the attorney's license to practice law has been revoked.
F. In
any proceeding to revoke the license of an attorney, the attorney shall be
entitled to representation by counsel.
G. E. Nothing
in this section shall affect the right of a court to require from an attorney
security for his
good behavior, or to fine him the
attorney for contempt of court.