VIRGINIA:

BEFORE THE VIRGINIA STATE BAR DSICIPLINARY BOARD

IN THE MATTER OF:
MADELEINE MARIE REBERKENNY

VSB DOCKET NO. 03-000-1084


ORDER OF REVOCATION

This matter came before the Virginia State Bar Disciplinary Board on November 22, 2002, pursuant to a Rule to Show Cause issued in accordance with the Rules of the Supreme Court of Virginia Part Six, Section IV, Paragraph 13.M formerly Rules of Court Part Six, Section IV, Paragraph 13.K(1). The hearing was held before a duly convened panel of the Board consisting of David R. Schultz, Janipher W. Robinson, Ann N. Kathan, Thaddeus T. Crump, Lay member and Richard J. Colten, Acting Chair.

All required notices were sent by the Clerk of the Disciplinary System. The Virginia State Bar was represented by Harry M. Hirsch, Deputy Bar Counsel. Neither the Respondent nor any counsel acting on her behalf appeared. Victoria V. Halasz, Chandler and Halasz, P.O. Box 9349, Richmond, Virginia 23227, (804) 730-1222, having been duly sworn, reported the hearing.

The Chair opened the hearing by calling the case both in the hearing room and in the adjacent hall. The Respondent did not answer or appear. The panel was then polled as to whether any member had any conflict of interest or other reason why the member should not participate in the hearing. Each member, including the Chair, answered in the negative.

The Prior Proceedings

This matter arises out of a Rule to Show Cause issued by this Board on November 1, 2002, requiring Respondent to show cause why the Board should not impose a suspension or revocation of her license to practice law in the Commonwealth of Virginia based upon her failure to comply with several orders of this Board and the aforesaid provisions of Part Six, Section IV, Paragraph 13.M of the Rules of Court. More particularly the Bar in its Petition for the Rule to Show Cause to issue, alleged as follows:

A. The license to practice law in the Commonwealth of Virginia of Respondent, Madeleine Marie Reberkenny [Reberkenny], was suspended for thirteen months effective May 26, 2000 by order of this Board in cases denoted by Virginia State Bar docket numbers 94-042-0640, 94-042-2171 and 94-042-2558 [Suspension Order 1, Exhibit A]. Said order required Reberkenny to fulfill the notice requirements of Rules of Court, Part Six, Section IV, Paragraph 13(K)(1).

B. This Board conducted a hearing upon Reberkenny's failure to fulfill the notice requirements of Paragraph 13(K)(1) recited in Suspension Order 1 and further suspended Reberkenny's license to practice law for twenty-four months effective June 26, 2001, by order entered April 27, 2001 in a case denoted by Virginia State Bar docket number 01-000-0323 [Suspension Order 2, Exhibit B]. Said order required Reberkenny to fulfill the notice requirements of Paragraph 13(K)(1).

C. By letter to Reberkenny dated May 4, 2001 [Exhibit C], the Clerk of the Disciplinary System served Reberkenny with an attested copy of the April 27, 2001, Suspension Order 2 as well as forms to be used in fulfilling the requirements of Paragraph 13(K)(1).

D. By letter to Reberkenny dated May 16, 2001 [Exhibit D], the Deputy Clerk of the Disciplinary System sent Reberkenny a copy of the May 4, 2001 letter and its attachments.

E. By letter to Reberkenny dated July 3, 2001 [Exhibit E], the Clerk of the Disciplinary System sent Reberkenny an attested copy of a Notification of Assessment of Costs in the amount of $390.16 in Virginia State Bar docket number 01-000-0323.

F. On September 6, 2001, this Board entered an Order of Administrative Suspension in Virginia State Bar docket number 01-000-0323 due to Reberkenny's failure to pay the $390.16 cost assessment [Suspension Order 3, Exhibit F]. This suspension created an additional requirement for Reberkenny to fulfill the duties imposed upon her in accordance with Paragraph 13(K)(1).

G. By letter to Reberkenny dated September 7, 2001 [Exhibit G], the Clerk of the Disciplinary System sent Reberkenny an attested copy of the September 6, 2001, Suspension Order 3 as well as forms to be used in fulfilling the requirements of Paragraph 13(K)(1).

H. By letter dated September 24, 2001 [Exhibit H], the Clerk of the Disciplinary System sent Reberkenny a copy of her May 4, 2001, letter and indicated that the Clerk's Office had not received proof of Reberkenny's compliance with Paragraph 13(K)(1) with respect to Suspension Order 2.

I. On October 12, 2001, this Board entered an Order of Administrative Suspension in docket numbers 94-042-0640, 94-042-2171 and 94-042-2558 [Suspension Order 4, Exhibit I] due to the failure of Reberkenny to pay the costs assessed of $269.76. This suspension created an additional requirement for Reberkenny to fulfill the duties imposed upon her in accordance with Paragraph 13(K)(1).

J. By letter dated October 12, 2001, the Clerk of the Disciplinary System sent Reberkenny an attested copy of the October 12, 2001, Suspension Order 4, Exhibit I, along with appropriate forms for use in fulfilling the requirements of Paragraph 13(K)(1).

K. By letter dated March 4, 2002 [Exhibit J], the Clerk of the Disciplinary System informed Reberkenny that no proof of compliance with Paragraph 13(K)(1) with respect to Suspension Order 4 had been received and urged Reberkenny to fulfill the notice requirements and advise the Clerk's Office.


Findings

The Board finds that the Bar has furnished uncontroverted evidence to substantiate the allegations set forth in its Petition and the Board further finds that the Respondent has failed to show cause as to why the alternative sanctions should not be imposed.

Sanction

Because of the Respondent's total disregard of the Board's prior orders and non-compliance with the Rules of Court over an extended period of time, the Board believes the appropriate sanction is the revocation of the Respondent's license, and it is so ORDERED that the license of Madeleine Marie Reberkenny to practice law in the Commonwealth of Virginia is hereby REVOKED, effective November 22, 2002.

It is further ORDERED that, pursuant to Part Six, Section IV, Paragraph 13.M. of the Rules of the Supreme Court of Virginia, Respondent shall forthwith give notice, by certified mail, return receipt requested, of this revocation of her license to practice law in the Commonwealth of Virginia to all clients for whom she is currently handling any matters, to all judges and the clerk of the court before which Respondent may have any pending cases and to opposing counsel in all such cases. Respondent shall also make appropriate arrangements for the disposition of matters now in her care, in conformity with the wishes of her clients.

It is further ORDERED that costs shall be assessed against the Respondent in accordance with the Rules of the Supreme Court of Virginia, Part Six, Section IV, Paragraph 13.B.8.c.

It is further ORDERED that the Clerk of the Disciplinary System forward a copy of this order to the Respondent, by certified mail, return receipt requested, at her address of record with the Virginia State Bar, 108 North Saint Asaph Street, Alexandria, Virginia 22314, and hand delivered to Harry M. Hirsch, Deputy Bar Counsel, Virginia State Bar, 707, East Main Street, Suite 1500, Richmond, Virginia 23219.

ENTERED this ____________________day of _____2002

VIRGINIA STATE BAR DISCIPLINARY BOARD
_____________________________________
Richard J. Colten, Acting Chair