2006 Code of Virginia § 54.1-3935 - Procedure for revocation of license

54.1-3935. Procedure for revocation of license.

A. If the Supreme Court, the Court of Appeals, or any circuit court of thisCommonwealth observes, or if a complaint, verified by affidavit is made byany person to such court, that any attorney has been convicted of amisdemeanor involving moral turpitude or a felony or has violated theCode of Virginia of Professional Responsibility, the court may assign the matterto the Virginia State Bar for investigation. Upon receipt of the report ofthe Virginia State Bar, the court may issue a rule against such attorney toshow cause why his license to practice law shall not be revoked. If thecomplaint, verified by affidavit, is made by a district committee of theVirginia State Bar, the court shall issue a rule against the attorney to showcause why his license to practice law shall not be revoked.

B. If the rule is issued by the Supreme Court or the Court of Appeals, therule shall be returnable to the Circuit Court of the City of Richmond. At thetime the rule is issued by the Supreme Court, the Chief Justice shalldesignate three circuit court judges to hear and decide the case. If the ruleis issued by the Court of Appeals or a circuit court, the issuing court shallcertify the fact of such issuance and the time and place of the hearingthereon, to the Chief Justice of the Supreme Court, who shall designate threecircuit court judges of circuits other than the circuit in which the case ispending to hear and decide the case. In proceedings under this section, thecourt shall adopt the Rules and Procedures described in Part Six, Section IV,Paragraph 13 of the Rules of Court.

C. Bar Counsel of the Virginia State Bar shall prosecute the case. Specialcounsel may be appointed to prosecute the case pursuant to 2.2-510.

D. Upon the hearing, if the attorney is found guilty by the court, hislicense to practice law in this Commonwealth shall be revoked or suspendedfor such time as the court may prescribe. In lieu of revocation orsuspension, the court may impose any other sanction authorized by Part Six,Section IV, Paragraph 13 of the Rules of Court.

E. The attorney, may, as of right, appeal from the judgment of the court tothe Supreme Court pursuant to the procedure for filing an appeal from a trialcourt, as set forth in Part 5 of the Rules of Court. In any such appeal, theSupreme Court may, upon petition of the attorney, stay the effect of an orderof suspension during the pendency of the appeal. Any order of reprimand shallbe automatically stayed prior to or during the pendency of an appealtherefrom. No stay shall be granted in cases where the attorney's license topractice law has been revoked.

F. In any proceeding to revoke the license of an attorney, the attorney shallbe entitled to representation by counsel.

G. Nothing in this section shall affect the right of a court to require froman attorney security for his good behavior, or to fine him for contempt ofcourt.

(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.)

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