Sanction by Disciplinary Board Suspension of One Year or Less With or Without Terms

On May 29, 2009, the Supreme Court of Virginia approved a proposed amendment which provides a Suspension of one year or less, with or without terms, as an available sanction by the Virginia State Bar Disciplinary Board.

Part 6, Section IV, Paragraph 13 of the Rules of the Virginia Supreme Court

13. PROCEDURE FOR DISCIPLINING, SUSPENDING, AND DISBARRING ATTORNEYS.

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I. Board Proceedings

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2. Hearing Procedures

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f. Disposition

(1) If the Board concludes that the evidence fails to show under a clear and convincing evidentiary standard that the Respondent engaged in the Misconduct, the Board shall dismiss any Charge of Misconduct not so proven.

(2) If the Board concludes that there has been presented clear and convincing evidence that the Respondent has engaged in Misconduct, after considering evidence and arguments in aggravation and mitigation, the Board shall impose one of the following sanctions and state the effective date of the sanction imposed:

(a) Admonition, with or without Terms;

(b) Public Reprimand, with or without Terms;

(c) Suspension of the License of the Respondent:

(i) For a stated period not exceeding five years; provided, however, if the Suspension is for more than one year, the Respondent must apply for Reinstatement as provided in this Paragraph; or

(ii) For a stated period of one year or less, with or without Terms; or

(d) Revocation of the Respondent’s License.


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Updated: Aug 04, 2009