2011 Annual Report - Supreme Court of the Virgin Islands

Attorney Discipline and DisabilityThe newly established Office of Disciplinary Counsel,together with the Ethics and Grievance Committee of theVirgin Islands Bar Association, assists the Supreme Courtwith the initial investigation, prosecution, and adjudicationof all grievances filed against attorneys and allegations thatan attorney is physically, mentally, or otherwise disabled andunable to continue to practice of law. The Supreme Courthired its first full-time Disciplinary Counsel during FiscalYear 2011, who began her employment with the Court onMay 16, 2011 and officially assumed her duties with respectto attorney discipline and disability matters on July 1, 2011,when the Supreme Court, through Promulgation Order No.2011-0001, amended Supreme Court Rules 203 and 207.Attorney Discipline. Shortly after its establishment, theOffice of Disciplinary Counsel received 144 open attorneydiscipline case files as well as 35 boxes of closed files. By theend of Fiscal Year 2011, an additional 14 discipline matterswere filed with Disciplinary Counsel. Although the Office ofDisciplinary Counsel was only operational for the last quarterof the 2011 Fiscal Year, the Office completed investigationsin 57 cases, which entails submission of a written report andrecommendation to the adjudicatory panel. This does notinclude cases in which an investigation had previously beenconducted by a case investigator prior to transferring the fileto Disciplinary Counsel. Additionally, during this period 26matters reached a final disposition.Disciplinary CounselAttorney Disability. Pursuant to the amended SupremeCourt Rule 207, Disciplinary Counsel investigates, andthe Ethics and Grievance Committee adjudicates, allclaims that an attorney possesses a physical or mentalcondition that adversely affects the lawyer’s ability topractice law. An incapacity proceeding may be initiatedbased on a grievance, a lawyer’s claim that he or she isunable to defend against an ethics complaint, or basedon any information brought to Disciplinary Counsel’sattention that warrants initiation of formal proceedingsIf the Committee finds that a lawyer is incapacitated tosuch an extent that he or she can no longer practice law, orif the lawyer has been declared incompetent by the FamilyDivision of the Superior Court and appointed a guardian,the lawyer is transferred to disability inactive status, subjectto the lawyer’s ability to seek review from the Supreme Court.During Fiscal Year 2011, no attorney disability matterswere initiated.23