VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF VIRGINIA BEACH

VIRGINIA STATE BAR EX REL.
FIRST DISTRICT COMMITTE

Complainant,

Respondent.



ORDER OF REVOCATION

This Cause came to be heard on August 29, 2002, by a duly convened, Three-Judge Court, appointed pursuant to Section 54.1-3935, Code of Virginia, as amended. The Respondent, Steven Jay Marsey, though duly noticed, failed to appear. Edward L. Davis, Assistant Bar Counsel, appeared on behalf of the Virginia State Bar.

The Court received evidence and heard the argument of counsel. After due deliberation, it was the unanimous decision of the Court that the bar had proven by clear and convincing evidence the factual allegations contained in Paragraphs 1 through 14 of the Subcommittee Determination and Certification, a copy of which is attached hereto and incorporated herein. The Court found further, by unanimous decision, that the bar had proven by clear and convincing evidence violations of the following Disciplinary Rules: DR 1-102(A)(3), DR 1-102(A)(4), and DR 7-102(A)(1).

The Court then heard argument concerning an appropriate disposition, and recessed to determine what sanctions, if any, to impose. In light of the egregious nature of the Respondent's conduct, it was the unanimous decision of the Court to Revoke his license to practice law in the Commonwealth of Virginia.

Accordingly, it is ORDERED that the license of Steven Jay Marsey to practice law in the Commonwealth of Virginia be, and the same is, hereby REVOKED.

Further, it appearing that the Respondent filed a demurrer to the instant complaint, and that the bar filed a response, and it appearing further that the parties did not schedule a hearing for the Court to consider the demurrer, on the motion of the Virginia State Bar, the demurrer is hereby OVERRULED.

Following the aforementioned trial, the Respondent, on September 30, 2002, filed a motion to quash any order entered in this matter and to rehear the matter, alleging that the Respondent was not properly served with notice pursuant to statute, and that there was no service prior to ten days before the trial. On October 30, 2002, the Three-Judge Court considered the motion by telephone conference, to which procedure the Respondent objected. The Respondent, Steven Jay Marsey, participated in the telephone conference, pro se. Edward L. Davis, Assistant Bar Counsel, appeared for the Virginia State Bar, and the matter was argued by counsel. Upon due consideration of the Respondent's comments and the records in this matter, the Three-Judge Court DENIED the Respondent's motion to quash and motion to rehear the matter.

It is further ORDERED that the Bar will send a draft Order of these proceedings to the Respondent, Steven Jay Marsey, at 511 Bunker Drive, Virginia Beach, Virginia 23462-4507, who will endorse the order, either concurring or objecting thereto, within five (5) days of receipt, and return the same to the Virginia State Bar at 707 East Main Street, Suite 1500, Richmond, Virginia 23219-2800, who will forward the Order to the Three-Judge Court for entry. If the Respondent fails to endorse the Order within five days and return it to the Bar as ordered herein, the Three-Judge Court will enter the Order without the Respondent's endorsement, in accordance with Rule 1:13 of the Rules of the Supreme Court of Virginia.

It is further ORDERED, pursuant to the provisions of Part Six, Section IV, Paragraph(13)(K)(1) of the Rules of the Supreme Court of Virginia, that the Respondent shall forthwith give notice, by certified mail, return receipt requested, of the revocation of his license to practice law in the Commonwealth of Virginia to all clients for whom he is currently handling matters and to all opposing attorneys and presiding judges in pending litigation. The Respondent shall also make appropriate arrangements for the disposition of matters then in his care, in conformity with the wishes of his clients. The Respondent shall give such notice within 14 days of the effective date of this Order, and make such arrangements as are required herein within 45 days of this effective date of this Order. The Respondent shall furnish proof to the Bar within 60 days of the effective date of this Order that such notices have been timely given and such arrangements for the disposition of matters made. Issues concerning the adequacy of the notice and the arrangement required herein shall be determined by the Virginia State Bar Disciplinary Board, which may impose a sanction of revocation or suspension for failure to comply with these requirements.

Pursuant to Part Six, Section IV, Paragraph 13(K)(10) of the Rule of the Supreme Court of Virginia, the Clerk of the Disciplinary System of the Virginia State Bar shall assess costs.

The court reporter who transcribed these proceedings on August 29, 2002, is Debora J. Penson, Ronald Graham and Associates, Inc., 5344 Hickory Ridge, Virginia Beach, Virginia 23455-6680, (757) 490-1100. The court reporter who transcribed these proceedings on October 30, 2002, is Cathy Edwards, also of Ronald Graham and Associates, Inc., 5344 Hickory Ridge, Virginia Beach, Virginia 23455-6680, (757) 490-1100.

A copy teste of this order shall be served by the Clerk of this Court upon the Respondent, Steven Jay Marsey, by certified mail, return receipt requested, at 511 Bunker Drive, Virginia Beach, Virginia 23464-4507, his address of record with the Virginia State Bar; and by regular mail to Edward L. Davis, Assistant Bar Counsel, at the Virginia State Bar, Eighth and Main Building, Suite 1500, 707 East Main Street, Richmond, Virginia 23219.

ENTER: / / 02.

William C. Andrews, III, Chief Judge
Three-Judge Court

E. Everett Bagnell, Judge (Retired)

Buford M. Parsons, Jr., Judge (Retired)


I ASK FOR THIS:
Edward L. Davis, Esquire
Counsel for Complainant

SEEN AND OBJECTED TO:
Steven Jay Marsey, Esquire
Respondent