BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF CURTIS TYRONE BROWN
VSB Docket No. 02-021-2337
ORDER DISMISSING APPEAL
On January 20, 2004, the Virginia State Bar Disciplinary Board convened a telephone conference call to consider the Virginia State Barís Motion to Dismiss the Respondentís Appeal of the Determination of the Second District Committee‚Section I and the Respondentís Motion in Opposition.
Upon due notice to the parties and counsel, the Board convened the conference call at 10:00 a.m. Following notification that Respondent Curtis Tyrone Brown was not present as scheduled, the Board continued the matter to 10:30 a.m. upon motion of Respondentís counsel Chester L. Smith.
At 10:30 a.m., the Board re-convened the telephone conference call, subject to the continuing objection of Respondent who objected to appearing telephonically and asserted his right to an in-person hearing, which objection was over-ruled. The Virginia State Bar appeared telephonically through its Assistant Bar Counsel Paul D. Georgiadis. Respondent appeared telephonically and through his counsel Chester L. Smith. Karen A. Gould, First Vice-Chair, presided. Ms. Gould stated for the record that she did not have a personal or financial interest in the matter which might affect or could reasonably be perceived to affect her ability to be impartial in the proceeding.
The following facts are established by the record:
1. On November 12, 2003, the Second District Committee‚Section I, issued its Determination based upon its full hearing held on October 9, 2003.
2. On November 19, 2003, Respondent filed with the Clerk of the Disciplinary System his Notice of Appeal dated November 17, 2003 certifying that ìa copy of the complete transcript of the proceedings at issue has been ordered from the Court Reporter.î
3. On November 25, 2003, Respondent filed a five (5) page excerpt of the transcript of the October 9, 2003 District Committee proceedings, entitled ìExcerptî and certified by the reporter as ìa correct transcript of panelís findings...î
4. That at no time has Respondent supplemented his previous filing of the transcript excerpt. Nor has Respondent requested an extension to further file the transcript to make his filing a complete transcript as required under Part 6, Section IV, Para 13H4a.(3) of the Rules of the Supreme Court of Virginia.
5. That on December 30, 2003, the bar filed its Motion to Dismiss Appeal.
6. That Respondent filed a Motion In Opposition of Barís Motion To Dismiss Appeal on January 16, 2004.
The Board then made its ruling granting the barís Motion to Dismiss, after having considered the facts established by the record, the briefs filed by the parties and the arguments made during the telephonic hearing. The ruling is as follows:
1. Pursuant to the Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13H4a.(3), the transcript is a part of the record when it is received in the office of the Clerk of the Disciplinary System within 40 days after the filing of the Notice of Appeal. Accordingly, Respondent was required to have filed the complete transcript of the proceedings with the Clerk of the Disciplinary System within forty (40) days of November 19, 2003 or on or before December 29, 2003. Paragraph 13.H.4a.(3) reads further as follows:
Failure of the Respondent to make the complete transcript a part of the Record as specified herein shall result in Dismissal of the appeal by the Board, whether initiated by notice of appeal or written demand, and affirmance of the sanction imposed by the District Committee.
2. Accordingly, upon failure of the Respondent to file the complete transcript as required by Paragraph 13.H.4a.(3), and upon failure of the Respondent to file for an extension of time in which to file the complete transcript, the appeal of the matter to the Virginia State Bar Disciplinary Board is hereby DISMISSED WITH PREJUDICE, and the Second District Committeeís imposition of a Dismissal with Terms is AFFIRMED and effective upon entry of this Order.
3. The Dismissal with Terms having been stayed previously by the filing of the Notice of Appeal, it is further ORDERED that the six-month deadline for compliance with the terms imposed by the Second District Committee‚Section I, shall run from the date of this telephone conference. The deadline for compliance with the terms, therefore, shall be six (6) months from the January 20, 2004 date of the telephone conference call, or July 20, 2004.
It is further ORDERED that a copy teste of this Order shall be mailed by certified mail, return receipt requested, to the Respondent, Curtis Tyrone Brown, to his last known address of record, Suite 306, 555 Fenchurch Street, Norfolk, VA 23510, and mailed to Respondentís counsel Chester L. Smith, via First Class U.S. mail, postage pre-paid, to 5441 Virginia Beach Boulevard, Suite 110, Virginia Beach, Virginia 23462-1749, and hand delivered to Paul D. Georgiadis, Assistant Bar Counsel, Virginia State Bar, Eighth & Main Building, Suite 1500, 707 East Main Street, Richmond, Virginia 23219- 2800.
Donna Chandler, Chandler and Halasz, Inc., Court Reporters, P.O. Box 9349, Richmond, Virginia 23227, 804/730-1222, was the reporter for the hearing and transcribed the proceedings.
ENTERED this 21st day of January, 2004.
VIRGINIA STATE BAR DISCIPLINARY BOARD
By: _____________________________________Karen A. Gould, First Vice-Chair