13. Procedure for Disciplining, Suspending, and Disbarring Attorneys
Download or print Paragraph 13 with index (pdf)
Chart comparing sections of Paragraph 13 in effect prior to May 1, 2009, with sections of reformatted Paragraph 13 as effective May 1, 2009 (pdf)
TABLE OF CONTENTS
13-1 Definitions
13-1.1 Burden of Proof
13-2 Authority of the Courts
13-3 General Administrative Authority of Council
13-4 Establishment of District Committees
- Creation of District Committees
- Panel Quorum
- Geographic Criteria
- Term of Office
- Qualifications of Members
- Persons Ineligible for Appointment
- Interim Vacancies
13-5 Authority and Duties of COLD
13-6 Disciplinary Board
- Appointment of Members
- Persons Ineligible for Appointment
- Term of Office
- Meetings and Quorum
- Roster
- Jurisdiction
- Additional Board Powers
- Agreed Disposition
13-7 District Committees
- Powers
- Creation of Subcommittees
- Subcommittee Quorums
- District Committee Jurisdiction
- Limitation on Private Discipline
- Venue
- Preferred Venue
- Objections to Venue
- Complaints Referred to District Committee or Subcommittee
- Service by a Member of the Bar and Professional Relationship
- Consent by Bar Counsel
- Recusal or Disqualification of District Committee Members
13-8 Bar Counsel
- Authority
- Acting Bar Counsel
13-9 Clerk of the Disciplinary System
- Current Dockets
- Records Retention
- File Destruction
- Preservation of Determinations and Orders
- Costs
- Review of Costs Assessment
- Public Notification of Sanctions
13-10 Processing of Complaints by Bar Counsel
- Review
- No Dismissal by Complainant
- Summary Resolution
- Preliminary Investigation
- Disposition by Bar Counsel after Preliminary Investigation
- Referral to District Committee
- Report to Subcommittee
13-11 Limited Right to Discovery
13-12 Substantial Compliance, Notice and Evidentiary Rulings, and Address Notification
- Substantial Compliance
- Time Deadlines
- Service
- Evidentiary Rulings
- Rights of Counsel for Complainant or Witness
- Notice of Impairment Evidence
- English Required
13-13 Participation and Disqualification of Counsel
- Attorney for Respondent
- Signature Required by Respondent
- Disqualification
13-14 Disqualification of District Committee Member or Board Member
- Personal or Financial Interest
- Complaint Against a Member
- Imposition of Discipline
- Interpretation
- Ineligibility
13-15 Subcommittee Action
- Referral
- Other Actions
- Dismiss
- Impose an Admonition without Terms
- Certify to the Board
- Approve an Agreed Disposition
- Set the Complaint for Hearing before the District Committee
- Vote Required for Action
- Report of the Subcommittee
- Notice of Action of the Subcommittee
- Procedure in All Terms Cases
- Alternative Disposition for Public Reprimand with Terms
13-16 District Committee Proceedings
- Charge of Misconduct
- Response by Respondent Required
- Failure of Respondent to Respond
- Pre-Hearing Orders
- Subpoenae, Summonses and Counsel
- Continuances
- Public Hearings
- Public Docket
- Oral Testimony and Exhibits
- Opening Remarks by the Chair
- Motion to Exclude Witnesses
- Presentation of the Bar’s Evidence
- Presentation of the Respondent’s Evidence
- No Participation by Other Counsel
- Depositions
- Testimony by Videoconferencing and Telephone
- Admissibility of Evidence
- Motion to Strike
- Argument
- Deliberations
- Change in District Committee Composition
- Show Cause for Compliance with Terms
- Dismissal
- Sanctions
- Summary Orders and District Committee Determinations
- Notices
- AA.District Committee Determination Finality
- BB.Enforcement of Terms
- CC.Alternative Disposition and Procedure for Public Reprimand with Terms
- DD. Reconsideration of Action by the District Committee
13-17 Perfecting an Appeal of a District Committee Determination by the Respondent
- Notice of Appeal; Demand
- Staying of Discipline
- Filing the Transcript and Record on Appeal
- Appeal to a Circuit Court
- Appeal from Agreed Sanction Prohibited
13-18 Board Proceedings Upon Certification
- Filing by Respondent
- No Filing by Respondent
- Notice of Hearing
- Expedited Hearings
- Pre-Hearing Orders
- Continuance of a Hearing
- Preliminary Explanation
- Attendance at Hearing
- Order of Hearing
- Motion to Strike
- Deliberations
- Dismissal for Failure of the Evidence
- Disposition Upon a Finding of Misconduct
- Dismissal for Failure to Reach a Majority Decision
- Enforcement of Terms
- Orders, Findings and Opinions
- Change in Composition of Board Hearing Panel
- Reconsideration of Board Action
13-19 Board Proceedings Upon Appeal
- Docketing An Appeal
- Notice to the Appellant
- Record on Appeal
- Briefing
- Standard of Review
- Oral Argument
- Imposition of Sanctions
13-20 Board Proceedings Upon Certification for Sanction Determination
- Initiation of Proceedings
- Proceedings Upon the Record
- Evidence
- Argument
- Sanctions
13-21 Board Proceedings Upon a First Offender Plea
- Action Upon Receipt of Notification
- Burden of Proof
- Demand for Three Judge Court
- Attorney Compliance with Notice Requirements
13-22 Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime
- Action Upon Receipt of Notification
- Time of Hearing, Continuance and Interim Hearing
- Reversal of Conviction
- Burden of Proof
- Action by the Board and Notice to Respondent
- Procedure
13-23 Board Proceedings Upon Impairment
- Suspension for Impairment
- Burden of Proof
- Investigation
- Summary Suspension
- Action by Board after a Hearing
- Procedure
- Guardian Ad Litem
- Examination
- Termination of Suspension
- Enforcement
- Transfer of Membership Status
13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction
- Definitions Specific to Paragraph 13-24
- Initiation of Proceedings
- Opportunity for Response
- Scheduling and Continuance of Hearing
- Provision of Copies
- Hearing Procedures
- Burden of Proof
- Action by the Board
13-25 Board Proceedings for Reinstatement
- Waiver of Confidentiality
- Investigation of Impairment in Reinstatement Matters
- Readmission After Resignation
- Reinstatement After Disciplinary Suspension for More than One Year
- Petition for Reinstatement After Revocation
- Threshold Requirements for Reinstatement After Revocation
- Reinstatement Proceedings After a Revocation
13-26 Appeal from Board Determinations
- Right of Appeal
- Determination
- Office of the Attorney General
13-27 Resignation
- Application
- Procedure
- When Not Permitted
13-28 Consent to Revocation
- When Permitted
- Admissions
- Procedure
- Attorney Action Required upon Revocation
- Dismissal of Complaints or Allegations of Misconduct
13-29 Duties of Disbarred or Suspended Respondent
13-30 Confidentiality of Disciplinary Records and Proceedings
- Confidential Matters
- Timing of Disclosure of Disciplinary Record in Review of Agreed Dispositions and Sanctions Proceedings
- Timing of Public Access to Disciplinary Information
- Public Statements Concerning Disciplinary Information
- Protection of the Public
- Disclosure to Other Jurisdictions
- Disclosure of Criminal Activity
- Disclosure of Information to Government Entities
- Waiver of Confidentiality
- Testimony about Disciplinary Proceedings
- Records of the Disciplinary System
- Virginia Lawyer Referral Service
- Disclosure of Information to Lawyer Assistance Program
13-31 Dismissal of Complaints and Allegations of Misconduct Upon Revocation Without Consent, or Upon Death
Updated: March 16, 2022