Va. R. Sup. Ct. 13-9

As amended through September 26, 2024

Rule 13-9 - Clerk of the Disciplinary System

A.Current Dockets. The Clerk must maintain a docket of current Attorney discipline and RESA matters pending before the District Committees, the Board or courts of this Commonwealth.

B.Records Retention. The Clerk must retain all Files with respect to any Disciplinary Record for a period of at least five years from the date of the final Order in the Disciplinary Proceeding that created that Disciplinary Record. The Clerk may destroy all other Files upon the expiration of one year after the Dismissal.

C.File Destruction. Whenever a File is destroyed, the following information must be preserved:

1. The name and Bar identification number of Respondent;

2. The name and last known address of the Complainant;

3. The date the matter was initially received by the Bar;

4. A summary of the Complaint or allegation of Misconduct;

5. The date of the Dismissal or any sanction(s) imposed; and

6. The disposition of the matter, including the basis for Dismissal or the sanction(s) imposed.

Such summary information must be retained for at least five years whenever the Complaint or allegation of Misconduct is dismissed with no Disciplinary Record having been created, and for at least ten years whenever a Disciplinary Record has been created, an Impairment determined, a Reinstatement Proceeding held or a finding of Misconduct involving a RESA violation is made.

D.Preservation of Determinations and Orders. The Clerk must preserve a copy of all District Committee Determinations and Board or court orders in which an Attorney has been found to have engaged in Misconduct, to be impaired, to have committed a violation of RESA or requested Reinstatement.

E.Costs. The Clerk must assess Costs against the Respondent in the following cases:

1. All cases in which a final determination of Misconduct is made by a Subcommittee, District Committee, three-judge Circuit Court, the Board or this Court;

2. All cases against a Respondent who consents to revocation;

3. All proceedings under this Paragraph in which there is a finding that a Respondent has been found guilty of a Crime;

4. All reciprocal cases under this Paragraph in which a final determination imposing discipline is made;

5. All Reinstatement cases under this Paragraph;

6. All cases before the Board in which sanctions were imposed for violations of RESA and/or the Bar's RESA regulations; and

7. With respect to Guardian Ad Litem's fees and costs, all Disciplinary Proceedings in which a Guardian Ad Litem is appointed and the Board, in its discretion, assesses the Guardian Ad Litem's fees and costs against Respondent.

F.Review of Costs Assessment. If the Respondent disagrees with the amount of Costs as calculated by the Clerk, or if the Respondent asserts that the immediate payment thereof would constitute a hardship, the Respondent may petition the Board for review within ten days of the notice assessing Costs. The Chair, upon written request of Respondent, included with his petition, may grant Respondent a hearing on the Costs issue. The decision of the Chair is final and non-appealable. Interest at the judgment rate commences on the Costs assessed 30 days after the issuance of the notice of assessment, unless otherwise prescribed by the Board. If the Respondent fails to pay the Costs and interest so assessed within 30 days of the notice of assessment or within such other time as the Board may order, then the Costs assessed and interest are a debt subject to collection by the Bar, and the Board must issue an order of Suspension against the Respondent until such time as Respondent pays all of the Costs and accrued interest.

G.Public Notification of Sanctions. The Clerk must issue a statement to the communications media and individuals and entities listed below summarizing each public Admonition, Public Reprimand, Suspension, or Revocation upon receipt of a Summary Order, District Committee Determination, or Memorandum Order approving an Agreed Disposition:

1. The Clerk of this Court;

2. Clerks of the Circuit and District Courts in each judicial circuit in the Commonwealth where the Attorney resides or maintains an office; and

3. Disciplinary authorities for jurisdictions, federal or state, wherein it is reasonable to expect that the Attorney may be licensed.

Va. Sup. Ct. 13-9

Amended by order dated February 27, 2009, effective 5/1/2009; amended by order dated March 19, 2010, effective immediately; amended by Order dated April 16, 2018, effective 6/15/2018; amended October 31, 2018, effective 1/1/2019; amended by order dated October 2, 2019, effective 12/1/2019; order dated May 9, 2023, effective 5/9/2023.