Va. R. Sup. Ct. 13-19

As amended through June 21, 2024
Rule 13-19 - Board Proceedings Upon Appeal
A.Docketing An Appeal. Upon receipt of notice from the Clerk that a Respondent has filed an appeal from a District Committee Determination, the Board must place such matter on its docket for review.
B.Notice to the Appellant. The Clerk must notify the appellant when the entire record of the Proceeding before the District Committee has been received or when the time for appeal has expired.
C.Record on Appeal. The record consists of the Charge of Misconduct, the complete transcript of the Proceeding, any exhibits received or refused by the District Committee, the District Committee Determination, and all briefs, memoranda or other papers filed with the District Committee by the Respondent or the Bar. Upon petition of the Respondent, for good cause shown, the Board may permit the record to be supplemented to prevent injustice, such supplement to be in such form as the Board may deem appropriate.
D.Briefing. Thereafter, briefs must be filed in the office of the Clerk, as follows:
1. The appellant must file an opening brief within 40 days after the mailing of the notice to the appellant regarding the record by the Clerk. Failure of the appellant to file an opening brief within the time specified herein must result in the Dismissal of the appeal and affirmance of the decision by the District Committee.
2. The appellee must file its brief within 25 days after filing of the opening brief.
3. The appellant may file a reply brief within 14 days after filing of the appellee's brief.
E.Standard of Review. In reviewing a District Committee Determination, the Board must ascertain whether there is substantial evidence in the record upon which the District Committee could reasonably have found as it did.
F.Oral Argument. Oral argument must be granted, unless waived by the appellant.
G.Imposition of Sanctions. Upon review of the record in its entirety, the Board may:
1. Dismiss the Charge of Misconduct upon a finding that the District Committee Determination is contrary to the law or is not supported by substantial evidence;
2. Affirm the District Committee Determination, in which instance the Board may impose the same or any lesser sanction as that imposed by the District Committee. In no case may it increase the severity of the sanction imposed by the District Committee; or
3. Reverse the decision of the District Committee and remand the Charge of Misconduct to the District Committee for further proceedings.

Va. Sup. Ct. 13-19

Amended by order dated February 27, 2009, effective 5/1/2009; amended by order dated March 19, 2010, effective immediately; Updated: 3/24/2010; amended by order dated October 2, 2019, effective 12/1/2019; order dated May 9, 2023, effective 5/9/2023.