BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF
CHARLES ANTHONY DIFAZIO
VSB DOCKET NO. 03-000-1835
ORDER OF REVOCATION
This matter came before the Virginia State Bar Disciplinary Board on January 24, 2003, pursuant to a Rule to Show Cause and Order of Suspension Hearing ("Rule to Show Cause Order") entered by the Virginia State Bar Disciplinary Board on December 26, 2002 in accordance with the Rules of the Supreme Court of Virginia, Part Six, Section IV, Paragraph 13.I.6.a. The hearing was held before a duly convened panel of the Board consisting of Theophlise L. Twitty, Joseph R. Lassiter, Jr., Ann N. Kathan, W. Jefferson O'Flaherty, Lay Member, and John A. Dezio, Chair.
The Virginia State Bar was represented by Linda Mallory Berry, Assistant Bar Counsel. Charles Anthony DiFazio (the "Respondent") failed to appear after the Clerk called his name three times in the hallway outside the courtroom, nor did any counsel appear on his behalf. Ms. Terry Griffith, with Chandler and Halasz, Inc., P.O. Box 9349, Richmond, Virginia 23227, (804) 683-8779, having been duly sworn, reported the hearing. All required notices of the date and place of this hearing were timely sent by the Clerk of the Disciplinary System in the manner prescribed by law.
The Chair opened the hearing by calling the case both in the hearing room and in the adjacent hall. The Respondent did not answer or appear. The panel was then polled as to whether any member had any conflict of interest, any apparent conflict of interest, or other reason why the member should not participate in the hearing. Each panel member, including the Chair, answered in the negative.
The Prior Pennsylvania Proceedings
This matter arises out of the Rule to Show Cause Order issued by this Board requiring the Respondent to show cause why the Board should not impose upon the Respondent the same discipline that was imposed upon him by the Bar of the Commonwealth of Pennsylvania. Specifically, the Respondent was disbarred on consent by the Bar of the Commonwealth of Pennsylvania by Order entered on August 21, 2002 in the Supreme Court of Pennsylvania.
The Respondent's disbarment in the
Commonwealth of Pennsylvania ensued after ten (10) separate charges of professional
misconduct were filed against him by the Disciplinary Board of the Supreme Court
of Pennsylvania. Thereafter, the Respondent tendered his unconditional resignation
from the practice of law in the Commonwealth of Pennsylvania on July 18, 2002.
The Board finds that the Bar has furnished uncontroverted evidence to support a revocation of the Respondent's license to practice law in the Commonwealth of Virginia under Rules of the Supreme Court of Virginia, Part Six, Section IV, Paragraph 13.I.6.a and the Board further finds that the Respondent has failed to show cause as to why such sanction should not be imposed.
Because of the Respondent's disbarment in the Commonwealth of Pennsylvania and the Respondent's failure to show cause as to why his license should not be revoked in the Commonwealth of Virginia, the Board believes the appropriate sanction is the revocation of the Respondent's license, and it is so ORDERED that the license of Charles Anthony DiFazio to practice law in the Commonwealth of Virginia is hereby REVOKED, effective January 24, 2003.
It is further ORDERED that, pursuant to Part Six, Section IV, Paragraph 13.M. of the Rules of the Supreme Court of Virginia, Respondent shall forthwith give notice, by certified mail, return receipt requested, of this revocation of his license to practice law in the Commonwealth of Virginia to all clients for whom he is currently handling any matters, to all judges and the clerks of the courts before which Respondent may have any pending cases and to opposing counsel in all such cases. Respondent shall also make appropriate arrangements for the disposition of matters now in his care, in conformity with the wishes of his clients.
It is further ORDERED that costs shall be assessed against the Respondent in accordance with the Rules of the Supreme Court of Virginia, Part Six, Section IV, Paragraph 13.B.8.c.
It is further ORDERED that the Clerk of the Disciplinary System forward a copy of this order to the Respondent, Charles Anthony DiFazio, by certified mail, return receipt requested, at his address of record with the Virginia State Bar, 10 Barton Way, Mount Laurel, New Jersey 08054 and hand delivered to Linda Mallory Berry, Assistant Bar Counsel, Virginia State Bar, 707, East Main Street, Suite 1500, Richmond, Virginia 23219.
ENTERED this ____________________day
VIRGINIA STATE BAR DISCIPLINARY BOARD
John A. Dezio, Chair