June 3, 2024
VSB Seeks Comment on Restoring Delinquency Fees to Pre-Pandemic Levels
The Virginia State Bar (VSB) is seeking public comment on the proposal to seek VSB Council authorization to petition the Supreme Court of Virginia to restore to pre-pandemic levels delinquency fees associated with some rule violations governed by Part 6, Section IV of the Rules of the Supreme Court of Virginia. These fees were reduced by Order of the Supreme Court of Virginia on April 28, 2021.
PROPOSED CHANGES TO THE RULES OF THE SUPREME COURT OF VIRGINIA (Proposed June 2024)
[Deletions noted by strikethroughs; additions by underlining]
Part 6 Section IV, Paragraph 19. Procedure for the Administrative Suspension of a Member
Whenever it appears that a member of the Virginia State Bar has failed to comply with any of the Rules of Court relating to such person's membership in the bar, the Secretary-Treasurer shall mail a notice to the member advising of the member's noncompliance and demanding (1) compliance within sixty (60) days of the date of such notice and (2) payment of a delinquency fee of $2550, for each Rule violated, provided, however, that the delinquency fee for an attorney who does not comply with the timely completion requirements of Paragraphs 13.2 and 17 (C) of these rules shall be $100, and the delinquency fee for an attorney who does not comply with the certification requirements of Paragraphs 13.2 and 17 (D) of these rules shall be $100, and shall increase by $100 on February 1 for noncompliance with the certification requirements. The notice shall be mailed to the member at his or her address of record with the Virginia State Bar.
In the event the member fails to comply with the directive of the Secretary-Treasurer within the time allowed, the Secretary-Treasurer will then mail a notice to the member by certified mail to advise (1) that the attorney's membership in the bar has been administratively suspended and (2) that the attorney may no longer practice law in the Commonwealth of Virginia or in any way hold himself or herself out as a member of the Virginia State Bar. Thereafter the attorney's membership in the Virginia State Bar may be reinstated only upon showing to the Secretary-Treasurer (1) that the attorney has complied with all the Court's rules relating to his or her membership in the bar and (2) upon payment of a reinstatement fee of $75150 for each Rule violated, provided, however, that the reinstatement fee for an attorney who was suspended for noncompliance with Paragraphs 13.2 and 17 of these rules shall be $250, and shall increase by $50 for each subsequent such suspension, not to exceed a maximum of $500.
Whenever the Secretary-Treasurer notifies a member that his or her membership in the bar has been administratively suspended, the Secretary-Treasurer shall also (1) advise the Chief Judges of the circuit and district in which the attorney has his or her office, as well as the clerks of those courts and the Clerk of the Supreme Court, of such suspension and (2) publish notice of the suspension in the next issue of the Virginia Lawyer Register.
An administrative suspension shall not relieve the delinquent member of his or her annual responsibility to attend continuing legal education programs or to pay his or her dues to the Virginia State Bar.
Comment:
Any individual, business, or other entity may submit written comments in support of or in opposition to the proposed action to Cameron Rountree, Executive Director of the Virginia State Bar, by close of business on August 5, 2024. Comments may be submitted via email to [email protected].