BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD
IN THE MATTER OF VSB Docket Nos. 97-033-1757
CHARLES JEFFERSON McCALL 97-033-1987
THIS MATTER came before the Virginia State Bar Disciplinary Board on October 26, 2001, to be heard as a result of a Motion and Notice of Show Cause Proceeding to Revoke License to Practice Law for Failure to Comply with Term filed on behalf of the Virginia State Bar by its counsel, Barbara Ann Williams, Esquire. It was alleged in the motion that Mr. McCall failed to comply with terms imposed in connection with an Agreed Disposition that had previously been approved by the Board (August 27, 2001 Order). The duly convened panel of the Virginia State Bar Disciplinary Board consisted of Richard J. Colten, Thaddeus T. Crump, Peter A. Dingman, Joseph R. Lassiter, Jr., and William M. Moffet, presiding. Barbara Ann Williams appeared as counsel for the Virginia State Bar and the Respondent, Charles Jefferson McCall, appeared in person and was represented by counsel, James R. Wrenn Jr., Esquire. The proceedings were taken and transcribed by Donna Chandler of Chandler & Halasz, Inc., Post Office Box 9349, Richmond, Virginia 23227 (phone: (804) 730-1222).
It was alleged by Bar Counsel and stipulated to by the Respondent that Mr. McCall failed to comply with a term imposed upon the respondent by Order of the Board entered on August 27, 2001. That Order suspended Mr. McCall's license for a period of thirteen months and one day, with the alternate sanction of a hearing before the Disciplinary Board to determine the discipline to be imposed if the Respondent failed to comply with any of the terms contained in the August 27, 2001 Order. There were several terms imposed therein, and the Respondent acknowledges that he specifically failed to comply with the following term: 3. The Respondent shall immediately petition the appropriate court to receive the $3,640.41 identified by Certified Public Accountant Sydney S. Wooding in his report dated May 15, 2000, and move the court to determine the appropriate disposition of those funds. Respondent shall diligently prosecute the petition. Respondent shall provide copies of the petition and proof of tendering the money to the Virginia State Bar within thirty days of the entry of this order. While Mr. McCall filed a Petition with the Circuit Court of Chesterfield County in a timely fashion, he failed to appropriately provide copies of the Petition and proof of tendering the money to the Virginia State Bar within the prescribed thirty days. At the hearing held on October 22, 2001, seven exhibits were introduced into evidence, without objection, and Mr. McCall was the only witness called. Argument was offered by counsel for the Virginia State Bar and counsel for the Respondent. The sole issue to be determined at this hearing was whether or not the Respondent violated any of the terms of the Agreed Disposition set out in the August 27, 2001 Order, and, if so, what additional sanction, if any, should be imposed.
Upon review of the exhibits and consideration of the testimony and argument, the Disciplinary Board found that Mr. McCall failed to give the required appropriate notice to the Virginia State Bar of the filing of the Petition and the tendering of the $3,640.41 with the Circuit Court. The Board determined that further suspension was appropriate.
It is ORDERED that the license to practice law of Charles Jefferson McCall shall be suspended for an additional thirty days beyond the thirteen months and one day provided for in the August 27, 2001 Order. Inasmuch as Mr. McCall is currently under suspension and it would be inappropriate for him to currently have clients or matters pending in litigation, there is no need for any additional notification requirement under Part Six, ß IV, Paragraph 13.K(1) to be imposed upon Mr. McCall by this Order. He is, of course, required to comply with all of the terms of the August 27, 2001 Order and shall be subject to further sanctions should he fail to comply with any of the other terms set out in the August 27, 2001 Order.
Pursuant to Part Six, ß IV, Paragraph 13(K)(10) of the Rules of the Supreme Court, the Clerk of the Disciplinary System shall assess costs.
It is ORDERED that a copy teste of this Order shall be mailed by certified mail, return receipt requested, to the Respondent, at his last address of record with the Virginia State Bar, sent by regular mail to Respondent's counsel, James R. Wrenn, Jr., 13210 Michaux View Way, Midlothian, Virginia 23113, and hand delivered to Bar Counsel Barbara Ann Williams, Virginia State Bar, 707 E. Main Street, Suite 1500, Richmond, Virginia 23219.
Enter this Order this _____ day of ______________, 2001.
VIRGINIA STATE BAR DISCIPLINARY BOARD
William M. Moffet, Chair