Va. R. Sup. Ct. 13-20

As amended through September 26, 2024

Rule 13-20 - Board Proceedings Upon Certification For Sanction Determination

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.Demand for Three-Judge Circuit Court. If the Respondent elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the 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.T he 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 fails to file a demand, and provide available dates, as specified above, the Respondent is deemed to have consented to the jurisdiction of the Board.

Va. Sup. Ct. 13-20

Amended by order dated February 27, 2009, effective 5/1/2009; Updated: 6/28/2009; amended by order dated October 2, 2019, effective 12/1/2019; order dated May 9, 2023, effective 5/9/2023; order dated September 29, 2023, effective 11/28/2023.