Proposed | regarding reciprocal disciplinary proceedings.
Comments due by April 1, 2023.

January 31, 2023

The Virginia State Bar seeks public comment on proposed amendments to the Rules of Supreme Court of Virginia, Part 6, Section IV, Paragraph 13-24 (“Paragraph 13-24”) regarding reciprocal disciplinary proceedings.

Unlike most bar proceedings, Paragraph 13-24 does not contain a specific process by which the respondent can demand a three-judge circuit court. See Virginia Code §§ 54.1-3915 and 3935. Accordingly, the VSB Committee on Lawyer Discipline (“COLD”) has recommended the addition of Paragraph 13-24.I which clarifies (1) the timeframe and method by which the attorney must demand a three-judge circuit court, and (2) whether the summary suspension, which is issued pending resolution of the reciprocal disciplinary matter, remains in place.

Inspection and Comment

The proposed amendments may be inspected below or at the office of the Virginia State Bar, 1111 East Main Street, Suite 700, Richmond, Virginia 23219-0060, between the hours of 9:00 am and 4:30 pm, Monday through Friday.

Any individual, business, or other entity may submit written comments in support of or in opposition to the proposed opinion to Cameron Rountree, executive director of the Virginia State Bar, not later than April 1, 2023. Comments may be submitted via email to [email protected].



  1. Demand for Three-Judge Circuit Court. If the Respondent elects to have further proceedings conducted pursuant to Va. Code § 54.1-3935, the Respondent must file a demand with the Clerk within 14 days of the date of mailing of the Board order and simultaneously provide available dates for a hearing not less than 30 nor more than 120 days from the date of the demand. Upon such demand and provision of available dates as specified above, further proceedings before the Board must be terminated and Bar Counsel must file the complaint required by Va. Code § 54.1-3935. The hearing must be scheduled as soon as practicable. However, the 30- to 120-day time frame does not constitute a deadline for the hearing to be held. Any summary Suspension issued by the Board must remain in effect until the court designated under Va. Code § 54.1-3935 enters a final order. If the Respondent fails to file a demand, and provide available dates, as specified above, the Respondent is deemed to have consented to the jurisdiction of the Board.