V I R G I N I A :


BEFORE THE THREE-JUDGE COURT PRESIDING

IN THE CIRCUIT COURT FOR FAUQUIER COUNTY

 

 

VIRGINIA STATE BAR,
Complainant/Petitioner,

v.

In Chancery No. ___________

EDMUND A. MATRICARDI, III,
Respondent.



O R D E R


ON THIS 22nd day of September, 2003, this matter came before the Three-Judge Court empaneled on July 3, 2001, by designation of the Chief Justice of the Supreme Court of Virginia, pursuant to § 54.1-3935 of the 1950 Code of Virginia, as amended, consisting of the Honorable Thomas N. Nance, and the Honorable W. Shore Robertson, retired Judges of the Thirteenth and Twentieth Judicial Circuits, respectively, and by the Honorable Edward L. Hogshire, Judge of the Sixteenth Judicial Circuit and Chief Judge of the Three-Judge Court.

Claude V. Worrell, II, Assistant Bar Counsel, appeared on behalf of the Virginia State Bar, and Michael L. Rigsby, Esquire, appeared on behalf of Respondent, Edmund Arthur Matricardi, III, who was also present during the proceedings.

WHEREUPON, a hearing was conducted upon the Rule to Show Cause issued against the Respondent, Edmund Arthur Matricardi, III, which Rule directed him to appear and to show cause why his license to practice law in the Commonwealth of Virginia should not be further suspended or revoked.

FOLLOWING the presentation of all evidence and argument on behalf of the Virginia State Bar and the Respondent by their respective counsel, the Three-Judge Court deliberated, and made the following findings of fact:

1. The Respondent,Edmund Arthur Matricardi, III, Jr., is an active member of the Virginia State Bar, who is not in good standing.

2. On April 1, 2003, in the United States District Court for the Eastern District of Virginia, Richmond Division, Edmund Arthur Matricardi, III, entered a plea of guilty to, and was convicted of, one felony: interception of a wire communication in violation of 18 USC 2511(1)(a).

3. That the Respondent's commission of the felony offense of interception of a wire communication in violation of 18 USC 2511(1)(a) came as a result of information received from a telephone call from a Jane Doe as described in the Statement of Facts which was received into evidence.

UPON CONSIDERATION WHEREOF, the Three-Judge Court found by clear and convincing evidence that Respondent has committed violations of the following provisions of the Virginia Code of Professional Responsibility and Rules of Professional Conduct:

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[.]

 

AFTER DUE CONSIDERATION of the evidence and the nature of the ethical misconduct committed by the Respondent, it is the opinion of the Three-Judge Court that Respondent's license to practice law in the Commonwealth of Virginia should be suspended for a period of two (2) years, effective April 3, 2003; it is, therefore

ORDERED that the license of Respondent, Edmund A Matricardi, III, to practice law in the Commonwealth of Virginia be, and the same hereby is, SUSPENDED for a period of two (2) years, effective April 3, 2003 and it is further;

ORDERED that, pursuant to The Rules of the Supreme Court of Virginia, Pt. 6, § IV, Para. 13, (K)(10), the Clerk of the Disciplinary System shall assess costs against the Respondent.

It is further ORDERED that four (4) copies of this Order be certified by the Clerk of the Circuit Court of Henrico County, Virginia, and be thereafter mailed by said Clerk to the Clerk of the Disciplinary System of the Virginia State Bar at 707 East Main Street, Suite 1500, Richmond, Virginia 23219-2800, for further service upon the Respondent and Bar Counsel consistent with the rules and procedures governing the Virginia State Bar Disciplinary System.

ENTERED this day of , 2003.



BY THE THREE-JUDGE COURT:



________________________________________

Edward L. Hogshire
Chief Judge of Three-Judge Court

 

 

________________________________________

Thomas N. Nance,
Judge

 



________________________________________

W. Shore Robertson
Judge

 

I ASK FOR THIS:





 

Claude V. Worrell, II

Assistant Bar Counsel

Virginia State Bar

100 N. Pitt Street, Suite 310

Alexandria, Virginia 22314

Phone: (703) 518-8045

Fax: (703) 518-8052





SEEN AND AGREED TO:





 

Michael Rigsby, Esquire

Carrell, Rice and Rigsby

Forest Plaza II,

7275 Glen Forrest Drive, Suite 309

Richmond, VA 23226

(703) 836-3505