2013 WL 1499612
Supreme Court of The Virgin Is...2013Background
- EGC petition seeks suspension of Adams until he fully pays the judgment in Allen v. Adams, STT 411/2005.
- Adams files March 19, 2013 purported resignation from the Virgin Islands Bar in response to the petition.
- Disciplinary Counsel opposes the resignation as ineffective under Rule 206(c)(1) and prior Supreme Court decisions.
- Adams previously failed to respond to multiple orders and notices in Allen’s grievance, and misled Allen about the case status for years.
- EGC issued a July 25, 2012 decision finding clear and convincing evidence of violations of Rules 1.3, 1.4, and 8.1(b); petition filed shortly thereafter.
- Court rejects Adams’s resignation as a nullity, adopts EGC’s violations findings, and imposes a six-month suspension plus public reprimand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of Adams’s March 19, 2013 resignation | Adams's resignation is effective per Rule 206(c)(1) and ends bar membership. | Resignation is in lieu of disciplinary proceedings and invalid. | Resignation invalid; nullity; proceeding continues. |
| Whether Adams violated ethical rules | Adams violated 1.3, 1.4, and 8.1(b) by failing to respond and misrepresenting status. | Adams’s conduct was negligent or excused due to other factors. | Clear and convincing evidence of violations of 1.3, 1.4, and 8.1(b). |
| Appropriate sanction | Indefinite suspension until payment (requested by EGC) is appropriate. | Suspension tied to payment is improper and punitive beyond disciplinary purposes. | Six-month baseline suspension plus public reprimand; no payment-based suspension. |
| Existence of aggravating factors | Aggravating factor: 8.1(b) violation; no mitigating factors. | Potential mitigating factors exist in the record. | Upward departure to add public reprimand alongside six-month suspension. |
Key Cases Cited
- V.I. Bar v. Brusch, 49 V.I. 409 (V.I. 2008) (establishes standard for considering default and sanctions in disciplinary matters)
- In re Joseph, 56 V.I. 490 (V.I. 2012) (independence of review; default consequences and evaluating ethical violations)