Whenever there shall be filed with the Clerk of the Disciplinary System evidence that an Attorney admitted to practice in this State has been disbarred or suspended from practice in another jurisdiction and that such disciplinary action has become final, the Board shall forthwith enter an order suspending the license of the Attorney and directing the Attorney to show cause why the same sanction that was imposed in the other jurisdiction should not be imposed by the Board. The Board shall forthwith serve upon the Respondent by certified mail (a) a copy of such certificate, (b) a copy of such order, and (c) a notice fixing the time and place of a hearing to determine what action should be taken by the Board. The hearing shall be set not less than twenty-one nor more than thirty days after the date of the order. Within fourteen days of the date of mailing, the Respondent shall file a written response, which shall be confined to allegations that:
(1) the record of the proceeding in the other jurisdiction would clearly show that such proceeding was so lacking in notice or opportunity to be heard as to constitute a denial of due process; or
(2) the imposition by the Board of the same discipline upon the same proof would result in a grave injustice; or
(3) the same conduct would not be ground for disciplinary action or for the same discipline in this State.
The Respondent shall have the burden of producing the record upon which he relies to support allegations (1), (2), or (3) above, and he shall be limited at the hearing to reliance upon the allegations of his written response. Except to the extent the allegations of the Respondent's written response are established, the findings in the other jurisdiction shall be conclusive of all matters for purposes of the proceeding before the Board.
If at the time fixed for hearing the Respondent has not filed a written
response or shall not appear or if the Board, after hearing, shall determine
that the Respondent has failed to establish the allegations of his written
response, the Board shall impose the same discipline that was imposed in
the other jurisdiction. If the Board shall determine that the Respondent has
established the allegations of his written response, it shall, in its discretion,
dismiss the proceeding or impose a lesser discipline than was imposed in
the other jurisdiction. A copy of any order imposing a sanction shall be
served upon the Respondent by certified mail. Any such order shall be final
and binding subject only to appeal as hereinafter provided.
8. On April 28, 2000, a panel of the Virginia State Bar Disciplinary Board was duly convened in accordance with the Show Cause Order and Order of Suspension and Hearing entered on March 30, 2000 and the notice given to Respondent. Respondent failed to appear and otherwise respond as required. He provided no evidence or other reason not to suspend his license and based on the certification of the disciplinary action in Colorado, the license for Thurman Curtis Bobbitt is required to be suspended. Accordingly, by Order dated April 28, 2000, his license to practice law within the Commonwealth of Virginia was suspended for a period of one year and one day, effective April 28, 2000. Respondent was further ordered pursuant to the provisions of Part Six, Section IV, Paragraph 13 (K)(1) of the Rules of the Supreme Court of Virginia, to give notice by certified mail of the suspension to all clients for whom he is currently handling matters and all opposing attorneys and presiding judges in pending litigation and make appropriate arrangements for the disposition of matters then in his care in conformity with the wishes of the client. Such notice was to be given within fourteen (14) days of the effective date of the Suspension Order and such arrangements within forty-five (45) days from the effective date of the Suspension Order and to provide proof to the Bar within sixty (60) days that such notices and arrangements had been made and given. A copy of the Order is attached hereto.
9. On June 22, 2000, the Clerk of the Disciplinary System received an affidavit dated June 16, 2000, by the Respondent providing proof that the notice and client arrangements previously ordered have been effected.
Whereupon it is:
ORDERED pursuant to Part Six, Section IV, Paragraph 13 (G) of the Rules of the Virginia Supreme Court that the license of Respondent, Thurman Curtis Bobbitt to practice law in Virginia be, and the same hereby is, suspended for a period of one year and one day, effective April 28, 2000, as set forth in the Board's Order dated and entered April 28, 2000, attached hereto; it is
FURTHER ORDERED that the Clerk of the Disciplinary System send an attested and true copy of this Order and Opinion of Suspension to Respondent, Thurman Curtis Bobbitt, by Certified Mail, Return Receipt Requested at his address of record with the Virginia State Bar, 2227 Delwood Avenue, Durango, CO 81301.
Donna Chandler, Chandler & Halaz, Inc., P.O. Box 9349, Richmond, VA 23227, (804) 730-1222, was the reporter for the hearing and transcribed the proceedings.
The Clerk of the Disciplinary System shall assess costs pursuant to Part Six, Section IV, Paragraph 13(K)(10) of the Rules of the Virginia Supreme Court.
ENTER THIS ORDER THIS ____ DAY OF
VIRGINIA STATE BAR DISCIPLINARY BOARD
F:\TTRENGA\VIRGNIA STATE BAR\ORDERS\BOBBITT ORDER.DOC