                                 CODE OF VIRGINIA

PROCEDURE FOR DISCIPLINING ATTORNEYS BY THREE-JUDGE CIRCUIT COURT (§ 54.1-3935)

A. 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.

B. Bar Counsel of the Virginia State Bar shall prosecute the case. Special
counsel may be appointed to prosecute the case pursuant to &#xA7; 2.2-510.

C. 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&#8217;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. 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.

E. 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.

HISTORY: Code 1950, §§ 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.