BEFORE THE VIRGINIA
IN THE MATTER OF
ARNOLD REGINALD HENDERSON, V
VSB DOCKET NO. 02-032-0746
THIS MATTER came on to be heard on February 28,
2003, before a panel of the Disciplinary Board consisting of Karen A. Gould,
Second Vice Chair, Thaddeus T. Crump, Lay member, Robert L. Freed, Janipher
W. Robinson, and David R. Schultz. The State Bar was represented by Harry
M. Hirsch, Deputy Bar Counsel. The Respondent, Arnold Reginald Henderson,
V ("Henderson"), after receiving due notice by certified mailing
to the last known address provided to the State Bar, appeared in person and
was represented by his attorney, Michael L. Rigsby. Donna T. Chandler, Chandler
and Halasz, Post Office Box 9349, Richmond, Virginia 23227, (804) 730-1222,
after being duly sworn, reported the hearing and transcribed the proceedings.
The matter came before the Board on the determination and certification of the Third District Subcommittee.
I. FINDINGS OF FACT
Accordingly, the Board makes the following findings of fact on the basis of clear and convincing evidence:
1. At all times relevant hereto the Respondent, Arnold Reginald Henderson V, has been an attorney licensed to practice law in the Commonwealth of Virginia.2. Henderson was the attorney for a defendant in the trial of Commonwealth v. Lloyd Mario Allen before the Circuit Court of New Kent County, Virginia involving multiple counts of being an accessory after the fact in a murder for hire. On the second day of the jury trial, July 31, 2001, Henderson failed to appear.
3. When Henderson failed to appear, Judge Hoover issued a rule to show cause against Henderson, and for Henderson's failure to notify the court of his absence on that date.4. On August 1, 2001, Judge Hoover found Henderson guilty of contempt of court.
The Certification charged violations of the following provisions of the Virginia rules of Professional Conduct:
RULE 1.3 Diligence
(a) A lawyer shall act with reasonable diligence and promptness in representing a client.
RULE 3.3 Candor Toward The Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal;(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.
RULE 3.5 Impartiality and Decorum of The Tribunal
(f) A lawyer shall not engage in conduct intended to disrupt a tribunal.
RULE 8.4 Misconduct
It is professional misconduct for a lawyer to:
(b) commit a criminal or deliberately wrongful act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer;
(c) engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation.
Upon review of the foregoing findings of misconduct, upon review of exhibits presented by Bar Counsel on behalf of the VSB as Exhibits 1 through 9, and exhibits presented by Respondent's counsel into the evidence, and at the conclusion of the evidence, including evidence in mitigation or aggravation, the Board determined that the Bar failed to prove by clear and convincing evidence any violations of Rule 1.3(a), Rule 3.5(f) and, and Rule 8.4(b).
The Board determined that the Respondent was in violation of Rule 3.3 (a)(1),
Rule 3.3(a)(4), and Rule 8.4(c).
Accordingly, it is ORDERED that Henderson shall receive an Admonition for the violations of the aforementioned Rules effective upon the entry of this Order.
It is further ORDERED that the Clerk of the Disciplinary System shall mail an attested copy of this Order to Respondent at his address of record with the Virginia State Bar, being Arnold Henderson and Associates, Suite 102, 116 East Franklin Street, Richmond, Virginia 23219, by certified mail, return receipt requested, and by regular mail, to Michael L. Rigsby, Respondent's counsel, Carrell, Rice, & Rigsby, Forest Plaza II, Suite 309, 7275 Glen Forest Drive, Richmond, Virginia 23226, and that a copy be mailed or delivered by hand to Harry M. Hirsch, Deputy Bar Counsel, Virginia State Bar, 707 East Main Street, Suite 1800, Richmond, Virginia 23219.
It is furthered ORDERED that pursuant to Part Six, Section IV, Paragraph 13.B.8.c. of the Rules of the Supreme Court of Virginia, the Clerk of the Disciplinary System shall assess all costs against the Respondent.
ENTERED this ____ day of March,
VIRGINIA STATE BAR DISCIPLINARY BOARD
By: Karen A. Gould, 2nd Vice Chair