Wright v. Virginia State Bar

*504THOMAS, J.,

concurring in part and dissenting in part.

I have no problem with the portions of the majority opinion which uphold the violations found by the Disciplinary Board in Cases 85-29 and 86-14. However, there is a conflict in Case No. 86-15 between the Disciplinary Board’s oral statement of its findings and what is contained in the final written order concerning that case. The discrepancy in Case No. 86-15 undermines my confidence in the Board’s decision to revoke Wright’s license to practice law in the Commonwealth.

After hearing evidence in all of the cases of misconduct charged against Wright, the chairman of the panel announced as follows: “The Board has considered the evidence in all these cases and [is] prepared to announce its findings. And what I propose to do is tell you what we found in each of the cases in the order that they were presented.” Then, with regard to Case No. 86-15, the chairman stated as follows:

Finally, 86-15, the Board finds this was the case where he failed to pay the Dr. Raiford in a timely manner.
The Board finds that the Bar has not proved clearly and convincingly that he violated DR 1-102(A)(3) or (A)(4) that has to do with crime or fraud and deceit, but that the Bar has proved clearly and convincingly he’s in violation of sections — Rule 9-10 — 9-102(B)(3), (B)(4) and not 9-103(A) and (B), all of which relate to accurate recordkeeping and also requiring him to deliver to the person entitled to receive funds the money they were entitled to receive in a timely manner.

(Emphasis added.)

Although the chairman announced that the Bar had not proved by clear and convincing evidence a violation of DR 1-102(A)(3) or (A)(4), and DR 9-103 (A) and (B), the written order in Case No. 86-15 states that Wright violated DR 1-102(A)(4), DR 9-103(A), and DR 9-103(B). Admittedly, Wright did not raise the foregoing discrepancy in his arguments to this Court. However, in my opinion, Wright’s failure to point out the conflict between the oral findings and the written order does not relieve this Court of its overriding responsibility to ensure that the disciplinary system functions fairly. We stated in Blue v. Seventh District Committee, *505220 Va. 1056, 265 S.E.2d 753 (1980), that in disciplinary cases this Court makes an independent review of the entire record to determine whether the findings of the Board are supported by the evidence. That independent review in this case reveals the conflict between the Board’s announced findings and its written order.

The Board revoked Wright’s license on the basis of the combined effect of the misconduct in the three separate cases. In one of those cases, however, as demonstrated here, there exists doubt as to the correctness of the Board’s written statement of violations. I would not permit the revocation of an attorney’s license to practice law while such an important discrepancy remains unexplained. Thus, on this record, I would vacate the order of revocation and remand the case for reconsideration of the sanction in light of the discrepancy that exists in Case No. 86-15.