Paragraph 13-20 Board Proceedings Upon Certification for Sanction Determination
Paragraph 13. Procedure for Disciplining, Suspending, and Disbarring Attorneys
Rule Text
(A) Initiation of Proceedings. Upon receipt of the Certification for Sanction Determination from a District Committee, the Clerk must issue a notice of hearing on the Certification for Sanction Determination giving Respondent the date, time and place of the Proceeding and a copy of the Certification for Sanction Determination.
(B) Proceedings Upon the Record. The proceeding must be conducted upon the record which consists of the Public Reprimand with Terms determination issued by either a Subcommittee or a District Committee, the transcript of the District Committee show cause hearing, and the Certification for Sanction Determination.
(C) Evidence. Only evidence of mitigation and aggravation with respect to compliance or certification will be permitted in the proceeding.
(D) Argument. Argument must be conducted as in the sanction phase of a Misconduct case.
(E) Sanctions. The Board may impose a sanction of Suspension or Revocation of License.
(F) Optional Demand for Three-Judge Circuit Court. If either Bar Counsel or the Respondent elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the party seeking to terminate Board proceedings Respondent must file a demand with the Clerk within 10 days of the date of mailing of the notice of hearing and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon such demand and provision of available dates as specified above, further proceedings before the Board must be terminated and Bar Counsel must file the complaint required by Va. Code § 54.1-3935. The hearing must be scheduled as soon as practicable. However, the 30- to 120-day time frame does not constitute a deadline for the hearing to be held. If the Respondent or Bar Counsel fails to file a demand, and provide available dates, as specified above, the Respondent or Bar Counsel is deemed to have consented to the jurisdiction of the Board. The amendments effective December 1, 2025, revised Paragraph 13-20(F). The amendments effective November 28, 2023, revised Paragraph 13-20 to add sub-paragraph "F. Demand for Three Judge Circuit Court" to add a specific mechanism and deadline for a Respondent to elect a three-judge circuit court in a Certification for Sanction Determination. The amendments effective December 1, 2019, revised Paragraph 13-20 to clarify and simplify language.