13-17 Perfecting an Appeal of a District Committee Determination by the Respondent
- 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
- 13-5 Authority and Duties of COLD
- 13-6 Disciplinary Board
- 13-7 District Committees
- 13-8 Bar Counsel
- 13-9 Clerk of the Disciplinary System
- 13-10 Processing of Complaints by Bar Counsel
- 13-11 Limited Right to Discovery
- 13-12 Substantial Compliance, Notice and Evidentiary Rulings
- 13-13 Participation and Disqualification of Counsel
- 13-14 Disqualification of District Committee Member or Board Member
- 13-15 Subcommittee Action
- 13-16 District Committee Proceedings
- 13-17 Perfecting an Appeal of a District Committee Determination by the Respondent
- 13-18 Board Proceedings Upon Certification
- 13-19 Board Proceedings Upon Appeal
- 13-20 Board Proceedings Upon Certification for Sanction Determination
- 13-21 Board Proceedings Upon a First Offender Plea
- 13-22 Board Proceedings Upon a Guilty Plea or an Adjudication of a Crime
- 13-23 Board Proceedings Upon Impairment
- 13-24 Board Proceedings Upon Disbarment, Revocation or Suspension in Another Jurisdiction
- 13-25 Board Proceedings for Reinstatement
- 13-26 Appeal from Board Determinations
- 13-27 Resignation
- 13-28 Consent to Revocation
- 13-29 Duties of Disbarred or Suspended Respondent
- 13-30 Confidentiality of Disciplinary Records and Proceedings
- 13-31 Dismissal of Complaints and Charges of Misconduct Upon Revocation Without Consent, or Upon Death
- Notice of Appeal; Demand. Within ten days after service on the Respondent of the District Committee Determination, the Respondent may file with the Clerk either a notice of appeal to the Board or a notice of appeal and a written demand that further proceedings be conducted pursuant to Va. Code § 54.1-3935. In either case, the Respondent shall send copies to the District Committee Chair and to Bar Counsel. Upon such demand, further proceedings before the Board shall terminate, and Bar Counsel shall file the complaint required by Va. Code § 54.1-3935. The hearing shall be scheduled as soon as practicable. If the Respondent fails to file a demand, as specified above, the Respondent shall be deemed to have consented to the jurisdiction of the Board.
- Staying of Discipline. If the Clerk receives a timely notice of appeal from a Public Reprimand, with or without Terms, or an Admonition, with or without Terms, the sanction shall be stayed during the pendency of the appeal.
- Filing the Transcript and Record on Appeal. The Respondent shall certify in the notice of appeal or written demand that he or she has ordered from the Court Reporter a complete transcript of the proceedings before the District Committee, at the Respondent’s cost. Upon receipt of the notice of appeal or written demand, Bar Counsel shall forward those portions of the record in his or her possession to the Clerk. The transcript is a part of the record when it is received in the office of the Clerk within 40 days after filing of the notice of appeal or written demand. The Clerk shall retain the records until the transcript has been received or for 40 days after the notice of appeal or written demand has been received, whichever occurs first, and shall then dispose of the record as prescribed in the records retention policy set forth in this Paragraph. Failure of the Respondent to make the complete transcript a part of the Record as specified herein shall result in Dismissal of the appeal by the Board, whether initiated by notice of appeal or written demand, and affirmance of the sanction imposed by the District Committee. Bar Counsel shall initiate the three-judge Circuit Court process for the appeal only after receipt of the transcript by the Clerk.
- Appeal to a Circuit Court. An appeal to a Circuit Court pursuant to Va. Code § 54.1-3935 shall be conducted before a duly convened three-judge Circuit Court as an appeal on the record using the same procedure prescribed for an appeal of a District Committee Determination before the Board under this Paragraph. The Clerk shall forward the record to the clerk of the designated Circuit Court only upon receipt of the transcript as provided in the preceding subparagraph C.
- Appeal from Agreed Sanction Prohibited. No appeal shall lie from any sanction to which the Respondent has agreed.
The amendments effective December 1, 2019, revised Paragraph 13-17 to clarify and simplify language.
Updated: November 25, 2019