BEFORE THE THIRD DISTRICT COMMITTEE, SECTION I,
OF THE VIRGINIA STATE BAR
IN THE MATTER OF
VSB DOCKET NO. 04-031-0042ANN BRIDGEFORTH TRIBBEY
DISTRICT COMMITTEE DETERMINATION
On August 13, 2003, a show cause hearing was held before a duly convened district committee panel consisting of Edwin A. Bischoff, Esquire, Ray P. Lupold, III, Esquire, Marcus D. Minton, Esquire, Melvin E. Rosen, Jr., lay member, and H. Martin Robertson, Esquire, presiding.
The Respondent, Ann Bridgeforth Tribbey, appeared pro se. Barbara Ann Williams appeared as counsel for the Virginia State Bar.
The Respondent was required to appear and show cause why the district committee should not issue a Public Reprimand for the Respondent's alleged failure to comply with a term previously imposed in connection with a Private Reprimand with Terms. On May 26, 2002, the district committee issued the Private Reprimand with Terms pursuant to an agreed disposition in VSB Docket Nos. 99-031-2269, 00-031-0017 and 00-031-1180. In those matters, the Respondent admitted she had violated DR 9-102(A)(1) and (2), as well as 9-102(B)(4). These trust account rules relate to preserving and disbursing client and other funds held in escrow.
One of the terms imposed in connection with the Private Reprimand required the Respondent to Ahire and pay the cost of a Certified Public Accountant to review [her] financial records for the past year (June 2001 - July 2002) to determine whether or not [she was] maintaining [her] financial records in compliance with the Rules of Professional Conduct relating to trust accounts. The term also required the Respondent to furnish the certified public accountant a copy of the Rules of Professional and Conduct to trust accounts and further provided: AUpon completion, a report should be generated and forwarded to Assistant Bar Counsel Charlotte P. Hodges on or before March 25, 2003" (emphasis in the original).
Based upon the evidence the Respondent and the bar presented at the show cause hearing, including the testimony of Frank C. Deal, a certified public accountant and partner in the accounting firm of Burgess & Co., the district committee found that the Respondent failed to prove by clear and convincing evidence that she had complied in a timely fashion with the term requiring an audit of her trust account records and generation of a report documenting the audit findings.
Wherefore, pursuant to Part 6, Section IV, Paragraph 13.H.2.n. of the Rules of the Virginia Supreme Court, the Third District Committee, Section I, of the Virginia State Bar hereby serves upon the Respondent a Public Reprimand, the alternate sanction provided in the Private Reprimand with Terms issued on May 6, 2002.
Pursuant to Part Six, Section IV, Paragraph 13.B.8.c.(1) of the Rules of the Virginia Supreme Court, the Clerk of the Disciplinary System shall assess costs.
THIRD DISTRICT COMMITTEE, SECTION I,
OF THE VIRGINIA STATE BAR
H. Martin Robertson, Esquire, Vice Chair
CERTIFICATE OF SERVICE
I certify that on ____________________, 2003, I mailed by Certified Mail, Return Receipt Requested, a true copy of the District Committee Determination (Public Reprimand) to Ann Bridgeforth Tribbey, the Respondent, at 1509 West Cary Street, Richmond, Virginia 23220, her last address of record with the Virginia State Bar.