Virginia State Bar has Illegally Disciplining Lawyers Without Authority.

 Virginia State Bar has no Authority to Discipline Lawyers, only "Investigate and Report"

         Numerous Virginia Codes and Supreme Court of Virginia (SCV) Rules state that only Virginia Courts have authority to discipline erring attorneys. Yet the Virginia State Bar (VSB) have been illegally disciplining attorneys without any authority, since 1976, violating legislature established by the Virginia General Assembly (VGA).

      The VSB Disciplinary Board is only authorized to investigate and report violations of the Rules of the Virginia Code of Professional Conduct (VCPC) by erring attorneys to the courts. The VSB has no authority to suspend, revoke or discipline attorneys.

       VA CODE § 54.1-3910. Organization and government of Virginia State Bar:

        "The Supreme Court “may” promulgate rules and regulations organizing and governing the Virginia State Bar. 

        The Virginia State Bar “’shall’ act as an administrative agency of the Court” for the “purpose of investigating and reporting violations of rules and regulations adopted by the Court under this article.” . . . 

        All persons engaged in the practice of law in the Commonwealth “shall” be active members in good standing of the Virginia State Bar." Code 1950, § 54-49; 1974, c. 536; 1991, c. 564; 2002, c. 306.

        The case of the U.S. Supreme Court v. Consumers Union, 446 U.S. 719, 720, (1980), which has never been reversed or modified by any court, states:

 

        Appellant Virginia Supreme Court, which claims inherent authority to regulate and discipline attorneys, also has statutory authority to do so. Pursuant to these powers, the court promulgated the Virginia Code of Professional Responsibility (Code) and organized the Virginia State Bar to act as an "administrative agency of the court to report and investigate violations of the Code." The statute reserves to the state courts the sole power to adjudicate alleged violations of the Code, and the Supreme Court and other state courts of record have independent authority on their own to initiate proceedings against attorneys. 

  

      Only the VGA has the exclusive power to establish all Virginia Courts and Tribunals:

1. Article IV. Legislature

2. Articled IV. - Section 14. Powers of General Assembly; limitations

3. Article VI. Judiciary

4. Article VI. Judiciary - Section 7. Selection and qualification of judges

      The Virginia Codes that establish the authority of Virginia Courts to discipline erring attorneys are:

• § 54.1-3915. Restrictions as to rules and regulations.
• § 54.1-3935. Procedure for disciplining attorneys by three-judge circuit court.
• § 54.1-3936. Protection of client interests in proceedings pending disciplinary action.
• § 54.1-3937. Procedure for revocation of certificate of registration of professional law corporations or professional limited liability companies.

   VA CODE § 54.1-3915. Restrictions as to rules and regulations:

       "Notwithstanding the foregoing provisions of this article, the Supreme Court “shall not” promulgate rules or regulations prescribing a code of ethics governing the professional conduct of attorneys which are inconsistent with any statute; “nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys.” . . . Code 1950, § 54-51; 1974, c. 536; 1988, c. 765.

The SCV RULE 13-2 AUTHORITY OF THE COURTS states:

        "Nothing in this Paragraph [Organization and Government of the Virginia State Bar] “’shall’ be interpreted so as to eliminate, restrict or impair the jurisdiction of the courts of this Commonwealth to deal with the disciplining of Attorneys as provided by law.’”  

        Every Judge shall have authority to take such action as may be necessary or appropriate to protect the interests of clients of any Attorney whose License is subject to a Suspension or Revocation."

    Clearly, the Virginia State Bar Disciplinary Board members are liable for not following Virginia Codes and the Supreme Court of Virginia Rules, which they illegally disciplined attorneys for over 40 years.