Bar Counsel continued from page 12 well as impairment 25 and reinstatement proceedings. 26 Public Hearings and Records With the exception of impairment proceedings, all hearings are public. 27 Complaints become public when a charge of misconduct (if before a dis-trict committee) is placed on the public docket, or a certifi cation to the board is fi led. 28 The clerk of the disciplinary system 29 is the offi cial custodian of the records of the disciplinary system, receives fi lings in board proceedings, and is required to notify the public, courts, and other jurisdictions of all public discipline except for the dismissal sanctions. The Numbers In FY 2019 (July 1, 2018 to June 30, 2019), the largest percentage of com-plaints, approximately 42 percent, were against criminal attorneys. Complaints against civil litigators, primarily family law practitioners, made up 36 percent of the complaints received. The remain-ing practice areas included federal civil practice, personal injury, real estate, bankruptcy, estate planning, and collec-tions. Cases without merit are screened out early through the bar’s multi-lay-ered review process. In FY 2019, the OBC received 3,123 complaints against Virginia’s 32,870 active lawyers. Eighty-four percent, or 2,626 of the 3,123 Endnotes 1 Report of the Special Committee on Lawyer Discipline, 1985. 2 ANNOTATED STANDARDS FOR IMPOSING LAWYER SANCTIONS § 1.2 (AM. BAR ASS’N 2015). 3 At vsb.org under Lawyer Resources, Professional Regulation, Professional Guidelines and Rules of Professional Conduct, Organization & Government of the Virginia State Bar, 13. Procedure for Disciplining, Suspending, and Disbarring Attorneys. 4 Appeals to the Court are governed by Part 5 of the Rules of the Supreme Court of Virginia. 5 See Va. Code §§ 54.1-3909 (Rules and Regulations Defi ning Practice of Law and Prescribing Procedures for Practice of Law by Law Students, Codes of Ethics, Use of Limited Liability Companies, and Disciplinary Procedure) and 54.1-3910 (Organization and Government of Virginia State Bar), Rules of complaints, were dismissed at the Intake stage. These complaints either did not allege a violation under the RPC (1,980) or were investigated and resolved by Intake (629). Meritorious complaints are resolved through the district committees, board, and three-judge panels. Forty-two law-yers received private discipline, either an admonition (24), reprimand (16), or dismissal de minimis or for exceptional circumstances (2), and 67 received pub-lic discipline: dismissal de minimis (1); admonition or reprimand (29); suspen-sion (20); and revocation (17). Changes to Disciplinary Procedures in FY 19 In June, Bar Council unanimously passed proposed amendments to the disciplinary procedure, which are pending before the Supreme Court of Virginia. The proposed amendments: (1) eliminate the dismissal sanc-tions and set admonition as the lowest disciplinary sanction, conforming Virginia to other jurisdictions; (2) promote transparency by pro-viding a presumption of open records, hearings, determinations imposing pub-lic discipline, and all orders of license suspension, and clarifying the proceed-ings and records that are confi dential. The amendments create a mechanism to seal sensitive data, such as medical or treatment information, for good cause; (3) ensure the prompt dissemina-tion of public sanctions and uniformity of disciplinary proceedings by requiring Court, Part Six, Section IV, Paragraph 13-8 Bar Counsel and defi nition of Bar Counsel at Paragraph 13-1. 6 See Rules of Court, Part Six, Section IV, Paragraph 13-4 Establishment of District Committees and Paragraph 13-7 District Committees. 7 See Rules of Court, Part Six, Section IV, Paragraph 13-6 Disciplinary Board. 8 See Rules of Court, Part Six, Section IV, Paragraph 13-5 Authority and Duties of COLD. 9 See Rules of Court, Part Six, Section IV, Paragraph 13-10.A. Processing of Complaints by Bar Counsel, Review. 10 See Rules of Court, Part Six, Section IV, Paragraph 13-10.C. Processing of Complaints by Bar Counsel, Summary Resolution. 11 See Rules of Court, Part Six, Section IV, Paragraph 13-10 Processing of Complaints by Bar Counsel. 12 See Rules of Court, Part Six, Section IV, Paragraph 13-15 Subcommittee Action. summary orders at the conclusion of district committee hearings, consistent with board hearings, and clarifying the clerk’s duty to notify the public of pub-lic admonitions and reprimands upon issuance of a summary order; (4) further conform district committee and board proceedings by proposing that: (a) the clerk receives district committee fi lings, in addition to board fi lings; (b) subcommittee members who consider a complaint may not serve on a district committee hearing panel, consistent with the existing prohibition on board members who consider an agreed disposition; and (c) appeals shall not lie from agreed dispositions at the board level, consistent with agreed dispositions at the district committee level. Remaining changes are available at www.vsb.org. 30 Strong and Effective Self-Regulation Begins with You Get and stay informed. Read the emailed news for disciplinary cases and pro-posed rule changes. When in doubt, call the ethics hotline, (804) 775-0564, and Virginia’s Judges and Lawyer’s Assistance Program, (804) 644-3212. Serve on a district committee. Mentor others. A robust disciplinary system bene-fi ts both Virginia lawyers and the public by instilling confi dence that the bar will uphold the integrity of the profession. 13 See Rules of Court, Part Six, Section IV, Paragraph 13-1 Defi nitions, Paragraph 13-15.B. Subcommittee Action, Other Actions; 13-16.X. District Committee Proceedings. Sanctions; 13-18.M. Board Proceedings Upon Certifi cation, Disposition. 14 See Rules of Court, Part Six, Section IV, Paragraph 13-1 Defi nition of Terms; Paragraph 13-15.B.,F.,G. Subcommittee Action, Other Actions, Procedure in All Terms Cases; Alternative Disposition for Public Reprimand with Terms; Paragraph 13-16. BB., CC. District Committee Proceedings, Enforcement of Terms, Alternative Disposition and Procedure for Public Reprimand with Terms; 13-18.M., O. Board Proceedings Upon Certifi cation, Disposition, Enforcement of Terms. 15 See Rules of Court, Part Six, Section IV, Paragraph 13-7.E. District Committees, Limitation on Private Discipline; Paragraph 13-1 Defi nition of Private Discipline. 16 See Rules of Court, Part Six, Section IV, www.vsb.org 58 VIRGINIA LAWYER | August 2019 | Vol. 68