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Adopted | amendments to reduce the delinquency fee for Rules violations. Approved by the Supreme Court of Virginia April 28, 2021. Effective immediately.
Update 4/28/21:
On April 28, 2021, the Supreme Court of Virginia amended Part 6, Section IV, Paragraph 19, to reduce the delinquency fees associated with some Rules violations governed by Part 6, Section IV, of the Rules of the Supreme Court of Virginia.
View the Court's Order (See Paragraph 19 on page 2 of PDF)
Update 3/9/21:
On February 27, 2021, VSB Council approved the proposed amendments to Paragraph 19 by a vote of 58 to 3. The proposed amendments were presented to the Supreme Court of Virginia for approval on March 8, 2021.
View the petition to the Court (see page 10 of pdf file)
This proposal seeks VSB Council authorization to petition the Supreme Court of Virginia to reduce the delinquency fees associated with some Rules violations governed by Part 6, Section IV, of the Rules of the Supreme Court of Virginia.
Inspection and Comment
The proposed changes may be inspected below.
Any individual, business, or other entity may file written comments in support of or in opposition to the proposed changes with Karen A. Gould, executive director of the Virginia State Bar, not later than January 8, 2021. Comments may be submitted by mail to 1111 East Main Street, Suite 700, Richmond, Virginia 23219-0026 or by email to publiccomment@vsb.org.
The proposed changes are noted below with deletions denoted by strikethrough and additions with underlining.
PROPOSED CHANGES TO THE RULES OF THE SUPREME COURT OF VIRGINIA
PART 6 SECTION IV, PARA 19.
Proposed November 2020
[Deletions denoted by strikethroughs; additions by underlining]
19. Procedure for the Administrative Suspension of a Member—
Whenever it appears that a member of the Virginia State Bar has failed to comply with any of the Rules of Court relating to such person's membership in the bar, the Secretary-Treasurer shall mail a notice to the member advising of the member's noncompliance and demanding (1) compliance within sixty (60) days of the date of such notice and (2) payment of a delinquency fee of $5025, for each Rule violated, provided, however, that the delinquency fee for an attorney who does not comply with the timely completion requirements of Paragraphs 13.2 and 17 (C) of these rules shall be $100, and the delinquency fee for an attorney who does not comply with the certification requirements of Paragraphs 13.2 and 17 (D) of these rules shall be $100, and shall increase by $100 on February 1 for noncompliance with the certification requirements. The notice shall be mailed to the member at his last address of record with on file at the Virginia State Bar.
In the event the member fails to comply with the directive of the Secretary-Treasurer within the time allowed, the Secretary-Treasurer will then mail a notice to the member by certified mail to advise (1) that the attorney's membership in the bar has been administratively suspended and (2) that the attorney may no longer practice law in the Commonwealth of Virginia or in any way hold himself or herself out as a member of the Virginia State Bar. Thereafter the attorney's membership in the Virginia State Bar may be reinstated only upon showing to the Secretary-Treasurer (1) that the attorney has complied with all the Court's rules relating to his or her membership in the bar and (2) upon payment of a reinstatement fee of $15075 for each Rule violated, provided, however, that the reinstatement fee for an attorney who was suspended for noncompliance with Paragraphs 13.2 and 17 of these rules shall be $250, and shall increase by $50 for each subsequent such suspension, not to exceed a maximum of $500.
Whenever the Secretary-Treasurer notifies a member that his or her membership in the bar has been administratively suspended, the Secretary-Treasurer shall also (1) advise the Chief Judges of the circuit and district in which the attorney has his or her office, as well as the clerks of those courts and the Clerk of the Supreme Court, of such suspension and (2) publish notice of the suspension in the next issue of the Virginia Lawyer Register.
An administrative suspension shall not relieve the delinquent member of his or her annual responsibility to attend continuing legal education programs or to pay his or her dues to the Virginia State Bar.
posted November 16, 2020
Updated: January 20, 2021
Updated: April 28, 2021