Professional Guidelines

An agency of the Supreme Court of Virginia

The Virginia State Bar

Professional Guidelines

Home > Actions on Rule Changes and Legal Ethics Opinions > amendment to Paragraph 13-6.H regarding the Disciplinary Board’s review of Agreed Dispositions

Proposed | amendment to Paragraph 13-6.H regarding the Disciplinary Board’s review of Agreed Dispositions

The Virginia State Bar’s Standing Committee on Lawyer Discipline proposes the following amendment to the Rules of the Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-6.H, regarding the Disciplinary Board’s review of Agreed Dispositions. The revision will provide a Panel of the Disciplinary Board express authority to (1) advise the parties why the Panel rejects any proposed Agreed Disposition and (2) reconsider any revised Agreed Disposition that the parties present to the Panel. The revision encourages Agreed Dispositions, is in the interest of judicial economy and transparency, and conforms the disciplinary procedure with practice. The comments of the Panel are made on the record in a public proceeding.

Inspection and Comment

The proposed changes may be inspected below or at the office of the Virginia State Bar between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday.

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 July 23, 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.

 

Existing text is in black.  Proposed changes are indicated by strikethroughs and red text.

 

13-6.   DISCIPLINARY BOARD

* * *

H.        Agreed Disposition. 

 Whenever Bar Counsel and Respondent are in agreement as to the disposition of a Disciplinary Proceeding, the parties may submit a proposed Agreed Disposition to five members of the Board selected by the Chair.  The five members so selected will constitute a Panel.  If the proposed Agreed Disposition is accepted by a majority of the Panel so selected, the Agreed Disposition will be adopted by order of the Board.  No appeal will lie from any sanction to which Respondent has agreed.  If the Agreed Disposition is not accepted by the Panel, the Disciplinary Proceeding will then be set for hearing before another Panel of the Board at the earliest possible date.  No member of the Panel which considered the proposed Agreed Disposition shall be assigned to the Panel which hears the Disciplinary Proceeding.  In the event the Panel rejects the proposed Agreed Disposition, the Panel may advise Bar Counsel and Respondent as to the reason for the rejection.  Bar Counsel and Respondent may then meet privately and determine whether to revise the proposed Agreed Disposition and the Panel may reconsider any revised proposed Agreed Disposition within a timeframe determined by the Panel.

 

Posted: June 22, 2021

Updated: June 23, 2021