Professional Guidelines

An agency of the Supreme Court of Virginia

The Virginia State Bar

Professional Guidelines

13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction

  1. Initiation of Proceedings. Upon receipt of a notice from the Clerk of the Disciplinary System that another jurisdiction has suspended or revoked the License of the Respondent and that such action has become final (the “Suspension or Revocation Notice”), any Board member shall enter on behalf of the Board an order of Suspension against such Respondent to show cause why the same discipline imposed in the other jurisdiction should not be imposed by the Board. The Board shall serve upon such Respondent by certified mail: a copy of the Suspension or Revocation Notice; a copy of the Board’s order; and a notice fixing the date, time and place of the hearing before the Board to determine what action should be taken in response to the Suspension or Revocation Notice and stating that the purpose of the hearing is to provide Respondent an opportunity to show cause why the same discipline that was imposed in the other jurisdiction should not be imposed by the Board.
  2. Opportunity for Response. Within 14 days of the date of mailing of the Board order, via certified mail, return receipt requested, to the last address of record of the Respondent with the Bar, Respondent shall file with the Clerk of the Disciplinary System an original and six copies of any written response and any communications or other materials, which shall be confined to allegations that:
    1. The record of the proceeding in the other jurisdiction would clearly show that such proceeding was so lacking in notice or opportunity to be heard as to constitute a denial of due process;
    2. The imposition by the Board of the same discipline upon the same proof would result in a grave injustice; or
    3. The same conduct would not be grounds for disciplinary action or for the same discipline in Virginia.
  3. Scheduling and Continuance of Hearing. Unless continued by the Board for good cause, the hearing shall be set not less than 21 nor more than 30 days after the date of the Board’s order of Suspension.
  4. Provision of Copies. The Clerk of the Disciplinary System shall furnish to the Board members designated for the hearing and make available to Respondent copies of the Suspension or Revocation Notice, the Board’s order of Suspension against the Respondent, the notice of hearing, any notice of continuance of the hearing, and any response or materials filed by Respondent.
  5. Hearing Procedures. Insofar as applicable, the procedures for Proceedings on allegations of Misconduct shall govern Proceedings under this subparagraph 13-24.
  6. Burden of Proof. The Respondent shall have the burden of proof, by a clear and convincing evidentiary standard, and the burden of producing the Record upon which the Respondent relies to support the Respondent’s contentions, and shall be limited at the hearing to proof of the specific contentions raised in any written response. Except to the extent the allegations of the written response are established, the findings in the other jurisdiction shall be conclusive of all matters for purposes of the Proceeding before the Board.
  7. Action by the Board. If Respondent has not filed a timely written response, or does not appear at the hearing or if the Board, after a hearing, determines that the Respondent has failed to establish the contentions of the written response by clear and convincing evidence, the Board shall impose the same discipline as was imposed in the other jurisdiction. If the Board determines that the Respondent has established such contentions by clear and convincing evidence, the Board may dismiss the proceeding or impose a lesser discipline than was imposed in the other jurisdiction. A copy of any order imposing discipline shall be served upon the Respondent via certified mail, return receipt requested. Any such order shall be final and binding, subject only to appeal as provided in this Paragraph.

The amendments effective March 19, 2010, revised Paragraph 13 dealing with the use of the phrase "Charge of Misconduct".

Updated: April 4, 2014