BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF
JAMES DANIEL KILGORE VSB Docket No: 02-000-2781
ORDER AND OPINION
This matter came before the Virginia State Bar Disciplinary Board for hearing on April 26, 2002, upon a Rule to Show Cause and Order of Suspension and Hearing entered on March 29, 2002. A duly convened panel of the Virginia State Bar Disciplinary Board consisting of Robert L. Freed, James R. Austin, Joseph R. Lassiter, Jr., Thaddeus T. Crump, Lay Member, and William M. Moffet, presiding, heard the matter. Richard E. Slaney, Assistant Bar Counsel, appeared as Counsel to the Virginia State Bar ("VSB"). James Daniel Kilgore ("Respondent") did not appear.
The court reporter for the proceeding, Valerie L. Schmit, Post Office Box 9349, Richmond, Virginia, 23227, telephone (804) 730-1222, was duly sworn by Mr. Moffet.
All legal notices of the date and place were timely sent by the Clerk of the Disciplinary System, in the manner prescribed by law. Part Six, ßIV, 13.G of the Rules of the Supreme Court, Disbarment or Suspension in Another Jurisdiction provides, in relevant part that, following the issuance of a show cause order and order of suspension, "the Board shall forthwith serve upon Respondent by certified mail (a) a copy of such certificate [establishing the suspension or disbarment of Respondent in another jurisdiction], (b) a copy of such order, and (c) a notice fixing the time and place of a hearing to determine what action should be taken by the Board." The Board finds that the Bar has complied with these requirements by forwarding a certified letter dated April 1, 2002 to Respondent's address of record with the Virginia State Bar enclosing the required documentation.
The case was thrice called by the clerk, and the Respondent neither answered the docket call nor appeared to defend his interests. Respondent did not file a response to the Rule to Show Cause and Order of Suspension and Hearing, as required by 13.G. The Chair opened the hearing by polling the Board members to ascertain whether any member had a conflict of interest which would preclude any of them from serving. There were no conflicts and the hearing proceeded as scheduled.
The Virginia State Bar's sole exhibit was admitted into evidence as Exhibit 1, without objection. Exhibit 1 includes an order entered on March 4, 2002 by the United States Bankruptcy Court for the Western District of Virginia disbarring the Respondent from the practice of law before that Court.
The Respondent has failed to assert a defense as provided in Part 6, ßIV, 13.G of the Rules of the Supreme Court. Accordingly, the Board must impose the same discipline imposed by the United States Bankruptcy Court for the Western District of Virginia, to-wit: revocation of Respondent's license to practice law.
Upon consideration of the matters before this panel of the Disciplinary Board, it is hereby ORDERED that, pursuant to Part 6, ßIV, 13.G of the Rules of the Supreme Court, the license of Respondent, James Daniel Kilgore, to practice law in the Commonwealth of Virginia shall be, and is hereby, REVOKED effective April 26, 2002.
It is FURTHER ORDERED that, as directed in the Board's April 26, 2002 Summary Order in this matter, a copy of which was served on Respondent by certified mail, Respondent must comply with the requirements of Part 6, Section IV, Paragraph 13.K(1), of the Rules of the Supreme Court of Virginia. The time for compliance with said requirements runs from the April 26, 2002 effective date of the Summary Order. All issues concerning the adequacy of the notice and arrangements required by the Summary Order shall be determined by the Board.
It is FURTHER ORDERED that the Clerk of the Disciplinary System shall send an attested and true copy of this order and opinion to Respondent, James Daniel Kilgore, by certified mail, return receipt requested, at his address of record with the Virginia State Bar, P. O. Box 918, Wise, Virginia, 24293-0918; and to Richard E. Slaney, Assistant Bar Counsel, 707 East Main Street, Suite 1500, Richmond, Virginia, 23219-2803.
The Clerk of the Disciplinary System shall assess costs pursuant to Part 6, ßIV, 13.K(10) of the Rules of the Supreme Court.
SO ORDERED, this ____ day of ___________, 2002.
By: William M. Moffet, Chair