Virginia Lawyer VA Lawyer Apr 2015 : Page-10

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Executive Director’s Message by Karen A. Gould Be a Part of Self-regulation of the Profession, Volunteer in the Disciplinary System L AWYERS IN V IRGINIA are privileged to participate in the self-regulation of the profession. Paragraph 13 of Part 6, § IV of the Rules of the Supreme Court of Virginia governing the organization and governance of the Virginia State Bar sets forth the procedural rules for the disciplinary system. Members of the VSB’s Office of Bar Counsel review all complaints against Virginia’s lawyers to determine whether they should be dismissed or investigated. Subcommittees of the respective dis-trict committees review the bar’s inves-tigations and determine whether to dismiss the cases or to seek disciplinary action, such as a trial before the district committee or the Disciplinary Board in more serious cases. The VSB notifies the membership of upcoming vacancies on the district committees in the December Virginia Lawyer . 1 To become a volunteer in the disciplinary system, the appointment process starts in early January by sub-mitting your resume to the executive director. The thirty-one judicial circuits in Virginia are divided into ten district committees. The map 2 on page 11 shows how the circuits are divided. Because a district committee member can serve two three-year terms, turnover on the committees is rela-tively slow. Council members for the judicial circuits comprising the juris-diction of the district committee meet in early spring to review the resumes, discuss the candidates, and nominate the individuals best suited for the avail-able positions. The nominating slate is then voted on by the Council at its June meeting, and the appointments are effective July 1 for a three-year term. To determine who the Council members are making the appointment decisions for the district committee in your circuit, refer to the map and iden-tify the circuits composing your district committee’s jurisdiction. The VSB website, at http://www.vsb.org/site/about/council, contains a Council directory where the judicial circuit of a Council member is denoted by the number to the left of his or her name. You may want to con-tact the Council members directly about your interest in a district com-mittee position or have someone who knows the Council member vouch for your character, integrity, and experi-ence in the profession. Paragraph 13-4 establishes the cre-ation of district committees. Subsection F of paragraph 13-4 delin-eates who is ineligible for appointment: (1) those who have been convicted of a crime as defined by paragraph 13 (any offense declared to be a felony by fed-eral or state law; any other offense involving theft, fraud, forgery, extor-tion, bribery, or perjury; an attempt, solicitation or conspiracy to commit any of the foregoing; or any of the fore-going found by a foreign jurisdiction); (2) those who have ever committed any criminal act that reflects adversely on the potential appointee’s honesty, trust-worthiness, or fitness as a member of a district committee; (3) a disciplinary record in any jurisdiction consisting of a disbarment, revocation, suspension imposed at any time, or public repri-mand imposed within the ten years immediately preceding the proposed appointment date; or (4) a disciplinary record in any jurisdiction consisting of private discipline, except for a de min-imis dismissal or a dismissal for excep-tional circumstances, or an admonition imposed within the five years immedi-ately preceding the proposed appoint-ment date. The Standing Committee on Lawyer Discipline has the sole dis-cretion to determine whether a de min-imis dismissal or a dismissal for exceptional circumstances disqualifies a potential appointee. Any person who is a potential nominee must execute a waiver of con-fidentiality with respect to his or her disciplinary record and any pending complaints from any jurisdiction for purposes of the appointment process, and an authorization for the VSB to conduct a criminal records check of all jurisdictions for any conviction of a crime. Service on a district committee is well worth any member’s time, effort, and trouble. It is both educational in obtaining a better understanding of the Rules of Professional Conduct and oftentimes disturbing to learn what passes for practice by some members of the bar. If you have questions about the process of becoming a district com-mittee member, please do not hesitate to contact me at gould@vsb.org. Endnotes: 1 In the December 2014 Virginia Lawyer , the notice was at page 58. The interac-tive magazine can be found on the VSB website at http://virginialawyer.vsb.org/i/434138. 2 The map can be found online at http://www.vsb.org/docs/map.pdf. 10 VIRGINIA LAWYER | April 2015 | Vol. 63 www.vsb.org

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