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2017 SESSION
Be 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.