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Home > Rule Changes > amendments to Paragraph 13 to definitions of burden of proof and Disciplinary Record.

Adopted | amendments to Paragraph 13 to definitions of burden of proof and Disciplinary Record. Approved by the Supreme Court of Virginia. Effective June 15, 2018.

Effective June 15, 2018, the Supreme Court of Virginia has adopted amendments to Part 6, Section IV, Paragraph 13-1 of the Rules of the Supreme Court of Virginia and the addition of Part 6, Section IV, Paragraph 13-1.1 to the Rules of the Supreme Court of Virginia. These amendments add clarity to the definition of Disciplinary Record and define burden of proof in disciplinary proceedings as clear and convincing evidence. The amendments were approved by the Supreme Court of Virginia on April 16, 2018.

view the Supreme Court of Virginina order (PDF file)


Notes

At its meeting on February 24, 2018, the VSB Council unanimously approved amendments to Part 6, Section IV, Paragraph 13-1 of the Rules of the Supreme Court of Virginia and the addition of Part 6, Section IV, Paragraph 13-1.1 to the Rules of the Supreme Court of Virginia. These amendments add clarity to the definition of Disciplinary Record and define burden of proof in disciplinary proceedings as clear and convincing evidence. The proposed changes will be sent to the Supreme Court of Virginia for its consideration. View the Virginia State Bar's petition to the Supreme Court of Virginia.

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On November 8, 2017, the Committee on Lawyer Discipline (COLD) approved the proposed amendments to Part 6, Section IV, Paragraph 13-1 of the Rules of the Supreme Court of Virginia and the addition of Part 6, Section IV, Paragraph 13-1.1 to the Rules of the Supreme Court of Virginia.  These amendments add clarity to the definition of Disciplinary Record and define burden of proof in disciplinary proceedings as clear and convincing evidence.

 

Additions are underlined.  Strikethroughs indicate deletions.

 

13.       PROCEDURE FOR DISCIPLINING, SUSPENDING AND DISBARRING ATTORNEYS

13-1     DEFINITIONS

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“Disciplinary Record” means any tangible or electronic record of:

1.         Any proceeding in which the Respondent has been found guilty of Misconduct, including those proceedings in which (a) the Board’s or Court’s finding of Misconduct has been appealed to this Court; (b) the Respondent’s License has been revoked upon consent to revocation or Respondent has been found guilty of a Crime; or (c) the Respondent has received a sanction pursuant to this Paragraph; and

2.         Any proceeding which has been resolved by (a) a De Minimis Dismissal; (b) a Dismissal for Exceptional Circumstances; or (c) an Admonition; and

3.         Any proceeding in which the Respondent has been found guilty of a violation of CRESPA; and

4.         Any proceeding which resulted in a sanction which created a disciplinary record at the time it was imposed.

Disciplinary Record does not include administrative or Impairment Suspensions.

13-1.1  BURDEN OF PROOF

The burden of proof in all Disciplinary Proceedings is clear and convincing evidence.

 

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Updated: May 2, 2018