IN THE MATTER OF CHARLES DAUGHERTY FUGATE, II

On June 11, 2002 this matter came before the Board upon Respondent's Petition for Reconsideration and Virginia State Bar's Memorandum in Opposition to Fugate's Petition for Reconsideration. The duly convened panel of the Virginia State Bar Disciplinary Board consisting of Roscoe B. Stephenson, III, Chair, presiding, and James L. Banks, Jr., Werner H. Quasebarth, Anthony J. Trenga and H. Taylor Williams, IV met by telephone conference in consideration of Respondent's Petition.

Upon consideration of Respondent's Petition and the Bar' Memorandum in Opposition, the Board denies the petition. The Board finds that the grounds for reconsideration proffered by Respondent are outside the narrow grounds permitted for reconsideration under Rule XII, Disciplinary Board Rules of Procedure. Rule XII only permits reconsideration if Respondent or a witness was prevented from attending the hearing or if Respondent has evidence discovered after the hearing that he contends would clearly have produced a different result if presented to the Board. Respondent's Petition for Reconsideration is not based on either ground. In addition, Respondent's petition was untimely filed. Rule XII permits the filing of a petition for reconsideration within 10 days of the hearing before the Board. The hearing on this matter was on May 17, 2002. Respondent filed his Petition for Reconsideration on May 31, 2002, fourteen days after the hearing. The ten day filing deadline would have fallen on May 27, 2002. That being Memorial Day, a holiday, Respondent's final day for filing was May 28, 2002. Respondent's Petition is untimely. The Petition is denied for both of these reasons.

Accordingly, it is ORDERED that Respondent's Petition for Reconsideration is hereby denied.
IT IS FURTHER ORDERED that the Clerk of the Disciplinary System send an attested and true copy of this Order to Respondent, Charles Daugherty Fugate, II, Highway 58 at State Route 892, Jonesville, VA 24263 and to Richard E. Slaney, Assistant Bar Counsel, Virginia State Bar 707 East Main Street, Suite 1500, Richmond, Virginia 23219-2800.

ENTER THIS ORDER THIS 16th DAY OF JULY, 2002

VIRGINIA STATE BAR DISCIPLINARY BOARD

By: _______________________________________
Roscoe B. Stephenson, III, Chair Designate