{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3935.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3935.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3935.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3935.html"}],"law_id":63454,"edition_id":1,"section_id":63454,"structure_id":14793,"section_number":"54.1-3935","catch_line":"Procedure for disciplining attorneys by three-judge circuit court","history":"Code 1950, \u00a7\u00a7 54-74, 54-75; 1956, Ex. Sess., c. 33; 1964, c. 201; 1970, c. 430; 1972, c. 103; 1980, c. 289; 1984, cc. 289, 703; 1988, c. 765; 1997, c. 238; 1998, cc. 339, 637; 2009, c. 287; 2017, cc. 40, 91.","full_text":"A\n\nAny attorney who is the subject of a disciplinary proceeding or the Virginia State Bar may elect to terminate the proceeding before the Bar Disciplinary Board or a district committee and demand that further proceedings be conducted by a three-judge circuit court. Such demand shall be made in accordance with the rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia. Upon receipt of a demand for a three-judge circuit court, the Virginia State Bar shall file a complaint in a circuit court where venue is proper and the chief judge of the circuit court shall issue a rule against the attorney to show cause why the attorney shall not be disciplined. At the time the rule is issued by the circuit court, the court shall certify the fact of such issuance and the time and place of the hearing thereon to the Chief Justice of the Supreme Court, who shall designate the three-judge circuit court, which shall consist of three circuit court judges of circuits other than the circuit in which the case is pending, to hear and decide the case. The rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia shall govern any attorney disciplinary proceeding before a three-judge circuit court.B\n\nBar Counsel of the Virginia State Bar shall prosecute the case. Special counsel may be appointed to prosecute the case pursuant to § 2.2-510.C\n\nThe three-judge circuit court hearing the case may dismiss the case or impose any sanction authorized by Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia. In any case in which the attorney is found to have engaged in any criminal activity that violates the Virginia Rules of Professional Conduct and results in the loss of property of one or more of the attorney’s clients, the three-judge circuit court shall also require, in instances where the attorney is allowed to retain his license, or is permitted to have his license reinstated or restored, that such attorney maintain professional malpractice insurance during the time for which he is licensed to practice law in the Commonwealth. The Virginia State Bar shall establish standards setting forth the minimum amount of coverage that the attorney shall maintain in order to meet the requirements of this subsection. Before resuming the practice of law in the Commonwealth, the attorney shall certify to the Virginia State Bar that he has the required insurance and shall provide the name of the insurance carrier and the policy number.D\n\nThe attorney, may, as of right, appeal from the judgment of the three-judge circuit court to the Supreme Court pursuant to the procedure for filing an appeal from a trial court, as set forth in Part 5 of the Rules of Supreme Court of Virginia. In any such appeal, the Supreme Court may, upon petition of the attorney, stay the effect of an order of revocation or suspension during the pendency of the appeal. Any other sanction imposed by a three-judge circuit court shall be automatically stayed prior to or during the pendency of the appeal.E\n\nNothing in this section shall affect the right of a court to require from an attorney security for good behavior or to fine the attorney for contempt of court.","order_by":null,"text":{"0":{"id":231220,"text":"Any attorney who is the subject of a disciplinary proceeding or the Virginia State Bar may elect to terminate the proceeding before the Bar Disciplinary Board or a district committee and demand that further proceedings be conducted by a three-judge circuit court. Such demand shall be made in accordance with the rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia. Upon receipt of a demand for a three-judge circuit court, the Virginia State Bar shall file a complaint in a circuit court where venue is proper and the chief judge of the circuit court shall issue a rule against the attorney to show cause why the attorney shall not be disciplined. At the time the rule is issued by the circuit court, the court shall certify the fact of such issuance and the time and place of the hearing thereon to the Chief Justice of the Supreme Court, who shall designate the three-judge circuit court, which shall consist of three circuit court judges of circuits other than the circuit in which the case is pending, to hear and decide the case. The rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia shall govern any attorney disciplinary proceeding before a three-judge circuit court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231221,"text":"Bar Counsel of the Virginia State Bar shall prosecute the case. Special counsel may be appointed to prosecute the case pursuant to § 2.2-510.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231222,"text":"The three-judge circuit court hearing the case may dismiss the case or impose any sanction authorized by Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court of Virginia. In any case in which the attorney is found to have engaged in any criminal activity that violates the Virginia Rules of Professional Conduct and results in the loss of property of one or more of the attorney’s clients, the three-judge circuit court shall also require, in instances where the attorney is allowed to retain his license, or is permitted to have his license reinstated or restored, that such attorney maintain professional malpractice insurance during the time for which he is licensed to practice law in the Commonwealth. The Virginia State Bar shall establish standards setting forth the minimum amount of coverage that the attorney shall maintain in order to meet the requirements of this subsection. Before resuming the practice of law in the Commonwealth, the attorney shall certify to the Virginia State Bar that he has the required insurance and shall provide the name of the insurance carrier and the policy number.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231223,"text":"The attorney, may, as of right, appeal from the judgment of the three-judge circuit court to the Supreme Court pursuant to the procedure for filing an appeal from a trial court, as set forth in Part 5 of the Rules of Supreme Court of Virginia. In any such appeal, the Supreme Court may, upon petition of the attorney, stay the effect of an order of revocation or suspension during the pendency of the appeal. Any other sanction imposed by a three-judge circuit court shall be automatically stayed prior to or during the pendency of the appeal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":231224,"text":"Nothing in this section shall affect the right of a court to require from an attorney security for good behavior or to fine the attorney for contempt of court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14793,"edition_id":1,"name":"Revocation or Suspension of Licenses; Disbarment Proceedings","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13488,"metadata":{},"date_created":"2026-06-26 03:49:55","date_modified":"2026-06-26 03:49:55","permalink":{"id":244411,"object_type":"structure","relational_id":14793,"identifier":"6","token":"54.1\/IV\/39\/6","url":"\/54.1\/IV\/39\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13488,"edition_id":1,"name":"Attorneys","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13487,"metadata":{},"date_created":"2026-06-26 03:45:01","date_modified":"2026-06-26 03:45:01","permalink":{"id":244227,"object_type":"structure","relational_id":13488,"identifier":"39","token":"54.1\/IV\/39","url":"\/54.1\/IV\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13487,"edition_id":1,"name":"Professions Regulated by the Supreme Court","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:45:01","date_modified":"2026-06-26 03:45:01","permalink":{"id":244225,"object_type":"structure","relational_id":13487,"identifier":"IV","token":"54.1\/IV","url":"\/54.1\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61301,"structure_id":14793,"section_number":"54.1-3934","catch_line":"Revocation of license by Board","url":"\/54.1-3934\/","token":"54.1\/IV\/39\/6\/54.1-3934","metadata":false},{"id":63454,"structure_id":14793,"section_number":"54.1-3935","catch_line":"Procedure for disciplining attorneys by three-judge circuit court","url":"\/54.1-3935\/","token":"54.1\/IV\/39\/6\/54.1-3935","metadata":false},{"id":82515,"structure_id":14793,"section_number":"54.1-3936","catch_line":"Protection of client interests in proceedings pending disciplinary action","url":"\/54.1-3936\/","token":"54.1\/IV\/39\/6\/54.1-3936","metadata":false},{"id":85023,"structure_id":14793,"section_number":"54.1-3937","catch_line":"Procedure for revocation of certificate of registration of professional law corporations or professional limited liability companies","url":"\/54.1-3937\/","token":"54.1\/IV\/39\/6\/54.1-3937","metadata":false},{"id":56586,"structure_id":14793,"section_number":"54.1-3938","catch_line":"Service of process in license revocation proceedings","url":"\/54.1-3938\/","token":"54.1\/IV\/39\/6\/54.1-3938","metadata":false},{"id":73696,"structure_id":14793,"section_number":"54.1-3938.1","catch_line":"Subpoena issued pursuant to law of another jurisdiction","url":"\/54.1-3938.1\/","token":"54.1\/IV\/39\/6\/54.1-3938.1","metadata":false}],"previous_section":{"id":61301,"structure_id":14793,"section_number":"54.1-3934","catch_line":"Revocation of license by Board","url":"\/54.1-3934\/","token":"54.1\/IV\/39\/6\/54.1-3934","metadata":false},"next_section":{"id":82515,"structure_id":14793,"section_number":"54.1-3936","catch_line":"Protection of client interests in proceedings pending disciplinary action","url":"\/54.1-3936\/","token":"54.1\/IV\/39\/6\/54.1-3936","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3935\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 201; in 1970, chapter 430; in 1972, chapter 103; in 1980, chapter 289; in 1984, chapters 289 and 703; in 1988, chapter 765; in 1997, chapter 238<\/a>; in 1998, chapters 339<\/a> and 637<\/a>; in 2009, chapter 287<\/a>; in 2017, chapters 40<\/a> and 91<\/a>.<\/p>","references":[{"id":87232,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","order_by":null,"url":"\/17.1-406\/"},{"id":69031,"section_number":"18.2-455","catch_line":"Unprofessional conduct; revocation of license","order_by":null,"url":"\/18.2-455\/"}],"refers_to":false,"permalink":{"id":244417,"object_type":"law","relational_id":63454,"identifier":"54.1-3935","token":"54.1\/IV\/39\/6\/54.1-3935","url":"\/54.1-3935\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3935\/","token":"54.1\/IV\/39\/6\/54.1-3935","dublin_core":{"Title":"Procedure for disciplining attorneys by three-judge circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3935","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any attorney who is the subject of a disciplinary proceeding or the Virginia State Bar may elect to terminate the proceeding before the Bar Disciplinary Board or a district committee and demand that further proceedings be conducted by a three-judge circuit<\/span> court<\/span>. Such demand shall be made in accordance with the rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court<\/span> of Virginia. Upon receipt of a demand for a three-judge circuit<\/span> court<\/span>, the Virginia State Bar shall file a complaint in a circuit<\/span> court<\/span> where venue<\/span> is proper and the chief judge<\/span> of the circuit<\/span> court<\/span> shall issue<\/span> a rule against the attorney to show cause why the attorney shall not be disciplined. At the time the rule is issued by the circuit<\/span> court<\/span>, the court<\/span> shall certify the fact<\/span> of such issuance and the time and place of the hearing<\/span> thereon to the Chief Justice of the Supreme Court<\/span>, who shall designate the three-judge circuit<\/span> court<\/span>, which shall consist of three circuit<\/span> court<\/span> judges<\/span> of circuits<\/span> other than the circuit<\/span> in which the case is pending, to hear and decide the case. The rules and procedures set forth in Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court<\/span> of Virginia shall govern any attorney disciplinary proceeding before a three-judge circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Bar Counsel<\/span> of the Virginia State Bar shall prosecute<\/span> the case. Special counsel<\/span> may be appointed to prosecute<\/span> the case pursuant to § 2.2-510<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The three-judge circuit<\/span> court<\/span> hearing<\/span> the case may dismiss the case or impose any sanction<\/span> authorized by Part Six, Section IV, Paragraph 13 of the Rules of Supreme Court<\/span> of Virginia. In any case in which the attorney is found to have engaged in any criminal activity that violates the Virginia Rules of Professional Conduct and results in the loss of property of one or more of the attorney’s clients, the three-judge circuit<\/span> court<\/span> shall also require, in instances where the attorney is allowed to retain his license, or is permitted to have his license reinstated or restored, that such attorney maintain professional malpractice insurance during the time for which he is licensed to practice law<\/span> in the Commonwealth. The Virginia State Bar shall establish standards setting forth the minimum amount of coverage that the attorney shall maintain in order<\/span> to meet the requirements of this subsection. Before resuming the practice of law<\/span> in the Commonwealth, the attorney shall certify to the Virginia State Bar that he has the required insurance and shall provide the name of the insurance carrier and the policy number. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The attorney, may, as of right, appeal<\/span> from the judgment<\/span> of the three-judge circuit<\/span> court<\/span> to the Supreme Court<\/span> pursuant to the procedure for filing an appeal<\/span> from a trial<\/span> court<\/span>, as set forth in Part 5 of the Rules of Supreme Court<\/span> of Virginia. In any such appeal<\/span>, the Supreme Court<\/span> may, upon petition<\/span> of the attorney, stay<\/span> the effect of an order<\/span> of revocation<\/span> or suspension during the pendency of the appeal<\/span>. Any other sanction<\/span> imposed by a three-judge circuit<\/span> court<\/span> shall be automatically stayed prior to or during the pendency of the appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall affect the right of a court to require from an attorney security for good behavior or to fine the attorney for contempt of court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE FOR DISCIPLINING ATTORNEYS BY THREE-JUDGE CIRCUIT COURT (\u00a7 54.1-3935)\n\nA. Any attorney who is the subject of a disciplinary proceeding or the Virginia\nState Bar may elect to terminate the proceeding before the Bar Disciplinary\nBoard or a district committee and demand that further proceedings be conducted\nby a three-judge circuit court. Such demand shall be made in accordance with the\nrules and procedures set forth in Part Six, Section IV, Paragraph 13 of the\nRules of Supreme Court of Virginia. Upon receipt of a demand for a three-judge\ncircuit court, the Virginia State Bar shall file a complaint in a circuit court\nwhere venue is proper and the chief judge of the circuit court shall issue a\nrule against the attorney to show cause why the attorney shall not be\ndisciplined. At the time the rule is issued by the circuit court, the court\nshall certify the fact of such issuance and the time and place of the hearing\nthereon to the Chief Justice of the Supreme Court, who shall designate the\nthree-judge circuit court, which shall consist of three circuit court judges of\ncircuits other than the circuit in which the case is pending, to hear and decide\nthe case. The rules and procedures set forth in Part Six, Section IV, Paragraph\n13 of the Rules of Supreme Court of Virginia shall govern any attorney\ndisciplinary proceeding before a three-judge circuit court.\n\nB. Bar Counsel of the Virginia State Bar shall prosecute the case. Special\ncounsel may be appointed to prosecute the case pursuant to § 2.2-510.\n\nC. The three-judge circuit court hearing the case may dismiss the case or impose\nany sanction authorized by Part Six, Section IV, Paragraph 13 of the Rules of\nSupreme Court of Virginia. In any case in which the attorney is found to have\nengaged in any criminal activity that violates the Virginia Rules of\nProfessional Conduct and results in the loss of property of one or more of the\nattorney’s clients, the three-judge circuit court shall also require, in\ninstances where the attorney is allowed to retain his license, or is permitted\nto have his license reinstated or restored, that such attorney maintain\nprofessional malpractice insurance during the time for which he is licensed to\npractice law in the Commonwealth. The Virginia State Bar shall establish\nstandards setting forth the minimum amount of coverage that the attorney shall\nmaintain in order to meet the requirements of this subsection. Before resuming\nthe practice of law in the Commonwealth, the attorney shall certify to the\nVirginia State Bar that he has the required insurance and shall provide the name\nof the insurance carrier and the policy number.\n\nD. The attorney, may, as of right, appeal from the judgment of the three-judge\ncircuit court to the Supreme Court pursuant to the procedure for filing an\nappeal from a trial court, as set forth in Part 5 of the Rules of Supreme Court\nof Virginia. In any such appeal, the Supreme Court may, upon petition of the\nattorney, stay the effect of an order of revocation or suspension during the\npendency of the appeal. Any other sanction imposed by a three-judge circuit\ncourt shall be automatically stayed prior to or during the pendency of the\nappeal.\n\nE. Nothing in this section shall affect the right of a court to require from an\nattorney security for good behavior or to fine the attorney for contempt of\ncourt.\n\nHISTORY: Code 1950, \u00a7\u00a7 54-74, 54-75; 1956, Ex. Sess., c. 33; 1964, c. 201;\n1970, c. 430; 1972, c. 103; 1980, c. 289; 1984, cc. 289, 703; 1988, c. 765;\n1997, c. 238; 1998, cc. 339, 637; 2009, c. 287; 2017, cc. 40, 91.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}