BEFORE THE VIRGINIA STATE BAR
DISCIPLINARY BOARD


IN THE MATTER OF VSB DOCKET: 02-021-0258
BARRY RANDOLPH KOCH


ORDER

This matter came before the Virginia State Bar Disciplinary Board pursuant to Part 6, Section IV, Paragraph 13. I. 3 of the Rules of the Supreme Court of Virginia, being respondent Barry Randolph's Koch's appeal of a Second District, Section I determination of misconduct and public reprimand. The record and briefs were properly filed, and all required notices were properly given by the parties.

The appeal was heard by the Board on Friday, December 13, 2002, in the Tweed Courtroom of the Fourth U. S. Circuit Court of Appeals, 1100 E. Main Street, Richmond, Virginia. The Virginia State Bar was represented by Paul D. Georgiadis, Assistant Bar Counsel. Mr. Koch was represented by Richard G. Brydges. The Board consisted of Karen A. Gould, Second Vice Chair, William C. Boyce, Jr., Peter A. Dingman, W. Jefferson O'Flaherty, and Janipher W. Robinson. The proceedings were reported by Tracy J. Stroh of Chandler & Halasz, P.O. Box 9349, Richmond, Virginia 23227, (804) 730-1222.

Prior to oral argument, the Chair inquired as to whether any member of the Board had a conflict, actual or perceived, which would impede his or her ability to hear this case objectively. All answered in the negative.

Following oral argument, the Board adjourned to deliberate.

Upon review of the record and consideration of oral argument, the Board finds that there is substantial evidence in the record upon which the District Committee could reasonably have found as it did. The Board therefore affirms the finding of misconduct.

The Board further finds that a less harsh sanction is appropriate under the circumstances of the case and hereby imposes a sanction that was not available to the District Committee, that is, an admonition, without terms, effective upon entry of this Order.

It is ordered pursuant to Part Six, Section IV, Paragraph 13.B.8.C of the Rules of the Supreme Court of Virginia, that the Clerk of the Disciplinary System shall assess costs against the Respondent.

It is finally ordered that the Clerk of the Disciplinary System shall forward a copy of this order, certified return receipt requested, to Barry Randolph Koch, at his address of record with the Virginia State Bar, 575 Lynnhaven Parkway, Suite 200, Virginia Beach, Virginia 23452, to Richard G. Brydges, Counsel for Respondent, at P.O. Box 3490, Norfolk, Virginia 23514, and to Paul D. Georgiadis, Assistant Bar Counsel to Virginia State Bar, at 707 East Main Street, Suite 1500, Richmond, Virginia 23219.

ENTERED this ______ day of _______________, 2002.

VIRGINIA STATE BAR DISCIPLINARY BOARD

By: Karen A. Gould, Second Vice-Chairman