IN THE MATTER OF
CHARLES EDWARD AYERS, JR.
VSB DOCKET NO. 94-032-0554
THIS MATTER CAME ON TO BE HEARD on October 24, 2001 before an initial panel of the Virginia State Bar Disciplinary Board consisting of Donna A. DeCorleto, Lay Member; William C. Boyce, Jr., Esq.; Karen A. Gould, Esq.; H. Taylor Williams, IV, Esq.; and William M. Moffet, Esq., chair, presiding.
Lewis T. Booker, Special Assistant Bar Counsel, and Harry M. Hirsch, Deputy Bar Counsel, appeared on behalf of the Virginia State Bar. William D. Bayliss, counsel for the Respondent, appeared on the Respondent's behalf.
The parties informed the initial panel that an agreement in principal between the parties had been reached but that time was needed in order to finalize an agreed disposition. Upon inquiry from the chair, Mr. Bayliss, on behalf of the Respondent, waived the procedural requirement for a separate panel of the Disciplinary Board to conduct a hearing to accept or reject a proposed agreed disposition. Mr. Hirsch, on behalf of the bar, did not waive the requirement except to the extent another panel of the Disciplinary Board could not reasonably be convened.
The chair then instructed the parties that they had until noon to work on an agreed disposition, the clerk was directed to convene another panel of the Disciplinary Board at noon to consider an agreed disposition, and the chair directed that these proceedings would reconvene at 1:00 p.m. as necessary.
WHEREUPON, THIS MATTER CAME ON TO BE HEARD by telephone conference call at noon on October 24, 2001 before a second panel of the Virginia State Bar Disciplinary Board consisting of Werner H. Quasebarth, Lay Member; Bruce T. Clark, Esq.; Peter A. Dingman, Esq.; Joseph R. Lassiter, Jr., Esq. and Richard J. Colten, Esq., chair pro tempore presiding.
Lewis T. Booker, Special Assistant Bar Counsel, and Harry M. Hirsch, Deputy Bar Counsel, appeared on behalf of the Virginia State Bar. The Respondent appeared with his counsel, William D. Bayliss.
The bar and the Respondent, by counsel, informed the second panel that they had reached an Agreed Disposition on the certified charges of misconduct and the parties presented the Agreed Disposition to the second panel at that time for its approval. Said Agreed Disposition is attached to this Order and incorporated herein by reference.
By this Order and effective upon entry, the Virginia State Bar Disciplinary Board hereby ratifies, adopts and approves the Agreed Disposition entered into by the parties and imposes the sanction of a PUBLIC REPRIMAND WITH TERMS; and IT IS FURTHER ORDERED that the Respondent shall comply with all of the terms set forth in the Agreed Disposition; or after proper notice, hearing and determination, the Respondent shall be subject to the imposition of the alternate sanction of REVOCATION specified therein.
As stated in the Agreed Disposition, the terms therein have no termination date and constitute continuing terms during the remainder of the Respondent's legal career.
IT IS FURTHER ORDERED that the Clerk of the Disciplinary System shall assess costs pursuant to Rules of Court, Part 6, ßIV, 13(K)(10); and
IT IS FURTHER ORDERED that the Clerk of the Disciplinary System shall send a copy of this Order and the attached Agreed Disposition to the Respondent, Charles Edward Ayers, Jr. at his address of record with the Virginia State Bar; to his counsel, William D. Bayliss, Esq., at Williams, Mullen, Clark & Dobbins, 1021 East Cary Street, P.O. Box 1320, Richmond, VA 23218-1320; to Lewis T. Booker, Esq., Special Assistant Bar Counsel, at Hunton & Williams, 951 East Byrd Street, Richmond, VA 23219-4074; and deliver the same, by hand, to Harry M. Hirsch, Esq., Deputy Bar Counsel, at the Virginia State Bar, Suite 1500, Eighth and Main Building, 707 East Main Street, Richmond, VA 23219; and
IT IS FURTHER ORDERED that this matter shall be closed and taken off the docket of the Disciplinary Board as stated in the Agreed Disposition.
ENTERED THIS DAY OF , 2001.
Richard J. Colten, chair pro tempore
We Ask For This:
Lewis T. Booker
Special Assistant Bar Counsel
Harry M. Hirsch
Deputy Bar Counsel
William D. Bayliss
Counsel for Respondent
Charles Edward Ayers, Jr.