VIRGINIA STATE BAR EX REL.
FIRST DISTRICT COMMITTEE
SAMUEL B. DAVIS, JR.
Having been set for hearing by the First District Committee of the Virginia State Bar, and the Respondent, Samuel B. Davis, Jr., having requested a hearing before a three-judge court pursuant to Virginia Code Section 54.1-3935, this cause came to be heard on February 20, 2003, by a duly convened, three-judge court consisting of the Honorable William H. Oast, Jr., Retired, the Honorable John F. Daffron, Jr., Retired, and the Honorable V. Thomas Forehand, Chief Judge. The Virginia State Bar appeared through its Assistant Bar Counsel, Edward L. Davis. The Respondent attorney, Samuel B. Davis, Jr., appeared in person, pro se.
The Court received evidence, including the testimony of the Respondent, and heard the arguments of counsel. After due deliberation, it was the unanimous decision of the Court that the bar had proven by clear and convincing evidence the allegations of fact and rule violations contained in its Notice of Hearing, dated September 19, 2002, a copy of which is attached hereto and incorporated herein. Specifically, the Court found that the Respondent had violated the following Rules of Professional Conduct: Rule 1.1-Competence, Rule 1.3-Diligence, Rule 3.1-Meritorious Claims and Contentions, Rule 3.4-Fairness to Opposing Party and Counsel, Rule 4.4-Respect for Rights of Third Persons, and Rule 8.4-Misconduct.
The Court then heard argument concerning an appropriate disposition, and recessed to determine what sanctions, if any, to impose. In light of the willful, deliberate, and repeated nature of the Respondent's misconduct, it was the unanimous decision of the Court to Revoke his license to practice law in the Commonwealth of Virginia.
Accordingly, it is ORDERED that the license of Samuel B. Davis, Jr. to practice law in the Commonwealth of Virginia be, and the same is, hereby REVOKED.
On February 20, 2003, the Court entered a summary order in these proceedings in accordance with Subparagraph 13(I)(2)(g), Part 6, Section IV of the Rules of the Supreme Court, a copy of which is attached hereto and incorporated herein.
Further, it appearing that, on February 12, 2003, the Respondent filed a motion to continue the hearing, to which the bar filed a response, and it appearing further that on February 14, 2003, the Chief Judge of the three-judge court heard the motion by telephone conference, to which procedure the Respondent objected, and it appearing that the Chief Judge of the three-judge court denied the motion for a continuance, and it appearing further that, on February 20, 2003, the full three-judge concurred with this decision, the Respondent's motion to continue the hearing is hereby DENIED.
Further, on February 14, 2003, during
the telephone conference, the Respondent noted his objection to the service
of retired judges on the three-judge court on the basis that such procedure
violated his rights under the Equal Protection Clause and the 14th
Amendment of the Constitution of the United States, which objection the court
It is further ORDERED, pursuant to the provisions of Part Six, Section IV, Paragraph(13)(K)(1) of the Rules of the Supreme Court of Virginia, that the Respondent shall
forthwith give notice, by certified mail, return receipt requested, of the revocation of his license to practice law in the Commonwealth of Virginia to all clients for whom he is currently handling matters and to all opposing attorneys and presiding judges in pending litigation. The Respondent shall also make appropriate arrangements for the disposition of matters then in his care, in conformity with the wishes of his clients. The Respondent shall give such notice within 14 days of the effective date of this Order, and make such arrangements as are required herein within 45 days of this effective date of this Order. The Respondent shall furnish proof to the Bar within 60 days of the effective date of this Order that such notices have been timely given and such arrangements for the disposition of matters made. Issues concerning the adequacy of the notice and the arrangement required herein shall be determined by the Virginia State Bar Disciplinary Board, which may impose a sanction of revocation or suspension for failure to comply with these requirements.
Pursuant to Part Six, Section IV, Paragraph 13(K)(10) of the Rule of the Supreme Court of Virginia, the Clerk of the Disciplinary System of the Virginia State Bar shall assess costs.
The court reporter who transcribed these proceedings is Cathy Edwards, of Ronald Graham and Associates, Inc., 5344 Hickory Ridge, Virginia Beach, Virginia 23455-6680, (757) 490-1100.
A copy teste of this order shall be served by the Clerk of this Court upon the Respondent, Samuel B. Davis, Jr., by certified mail, return receipt requested, at 437 Winterhaven Drive, Newport News, Virginia, 23606, his address of record with the Virginia State Bar; and by regular mail to Edward L. Davis, Assistant Bar Counsel, at the Virginia State Bar, Eighth and Main Building, Suite 1500, 707 East Main Street, Richmond, Virginia 23219.
ENTER: / / 03.
V. Thomas Forehand, Chief Judge
William H. Oast, Jr., Judge (Retired) John F. Daffron, Jr., Judge (Retired)
I ASK FOR THIS: SEEN AND OBJECTED TO:
Edward L. Davis Samuel B. Davis, Jr.
Assistant Bar Counsel VSB #0680
VSB #323428 1437 Winterhaven Drive
Virginia State Bar Newport News, Virginia 23606
Suite 1500, 707 East Main Street (757) 930-8733
Richmond, Virginia 23219-2800