In re the Virgin Islands Bar Ass'n

60 V.I. 572
CourtSupreme Court of The Virgin Islands
DecidedFebruary 12, 2014
DocketS. Ct. Civil No. 2013-0117
StatusPublished

This text of 60 V.I. 572 (In re the Virgin Islands Bar Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Virgin Islands Bar Ass'n, 60 V.I. 572 (virginislands 2014).

Opinion

OPINION OF THE COURT

(February 12, 2014)

Per Curiam.

The Virgin Islands Bar Association filed a petition with this Court seeking the suspension of David W. Iverson, Esq., for non-payment of membership dues. During the course of this proceeding, this Court discovered that Iverson had been suspended from the practice of law by the Supreme Court of Florida and the United States Department of Justice’s Executive Office for Immigration Review, and failed to disclose either suspension to this Court. For the reasons that follow, we impose reciprocal discipline in the form of a six-month suspension.

I. BACKGROUND

On November 21, 2013, the Bar Association, through its Treasurer, filed a motion to suspend Iverson, an inactive member of the Virgin Islands Bar, for his failure to pay dues for 2013 membership year. This Court, in a November 26, 2013 Order, directed Iverson to provide a written answer, no later than December 30, 2013, explaining why this Court should not grant the petition.

Iverson conventionally filed1 an untimely response to the November 26, 2013 Order on January 8, 2014. In his response, Iverson first alleged that the Bar Association had mailed its invoice and other materials to an outdated address. However, Iverson also used his response as a vehicle to raise other issues unrelated to his payment of membership dues:

3. Undersigned has had problems with the V.I. Bar for approximately 20 years in receiving correspondence at his correct address.
4. This issue was last addressed with the V.I. Bar in 2012 at which time the V.I. Bar had incorrectly posted on its website that applicant had been suspended from practice.
[574]*5747. This issue of incorrectly posting that applicant had been suspended caused undersigned harm in that the disciplinary section of the Department of Justice Executive Office for Immigration Review stated that due to such suspension undersigned could not practice before such agency and applicant’s practice is based solely on immigration law.

(Resp. 1.)

In investigating these serious allegations against the Bar Association,2 this Court discovered, based on the information in Iverson’s filing, the Executive Office for Immigration Review’s 2012 suspension order. However, contrary to Iverson’s claim that the Executive Office had mistakenly suspended him due to a supposed error on the Bar Association’s website, the suspension order revealed that Iverson had consented to a 90-day suspension as reciprocal discipline for ethical misconduct found by the Supreme Court of Florida. See In re Iverson, No. D2012-193, slip op. at 1-2 (BIA Sept. 11, 2012). In that decision, the Florida Supreme Court had accepted a consent judgment for discipline entered into between Iverson and the Florida Bar, in which Iverson agreed to a 90-day suspension followed by one year of probation. The Florida Bar v. Iverson, 91 So. 3d 134 (Fla. 2012) (unpublished). Although neither decision expressly identified the specific misconduct to which Iverson admitted, a summary of decision released by the Florida Bar explained that “Iverson associated himself with an accounting consulting firm that assisted a client with immigration matters without adequate supervision by Iverson.”3

This Court, in a January 9, 2014 Order, took judicial notice of both suspension orders, and further observed that Supreme Court Rule 203 mandates that “[a]ny attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court. .. promptly inform the clerk of this court of such action” so that this Court may [575]*575consider whether to impose reciprocal discipline. V.I.S.Ct.R. 203(c)(1). Consequently, this Court directed Iverson to show cause, in writing before February 10, 2014, as to why this Court (1) should not impose reciprocal discipline, and (2) should not, in addition to any reciprocal discipline ultimately imposed, order additional sanctions for failure to promptly notify the Clerk of this Court of the suspension orders in accordance with Rule 203.

On January 29,2014, Iverson conventionally filed a letter, addressed to the Clerk of this Court, stating that he received an order from this Court but “do[es] not want any problems about an actual suspension” and was therefore “paying the amount [the Bar Association] says [he] owe[s] under protest.” (Ltr. 1.) The Treasurer of the Bar Association also verified with this Court that Iverson paid all outstanding membership dues, interest, and late fees. Although the February 10, 2014 deadline to respond to this Court’s January 9, 2014 Order has lapsed, Iverson has not filed any documents with this Court addressing the reciprocal discipline issue.

II. JURISDICTION

As the highest court of the Virgin Islands, this Court possesses both the statutory and inherent authority to regulate the practice of law in the Virgin Islands. 4 V.I.C. § 32(e); In re Rogers, 56 V.I. 618, 623 (V.I. 2012). This authority encompasses the power to discipline attorneys, both for ethical misconduct, see In re Suspension of Adams, 58 V.I. 356, 361 (V.I. 2013), as well as for administrative transgressions such as a failure to pay membership dues to the Virgin Islands Bar Association. See In re Suspension of Parson, 58 V.I. 208, 212 (V.I. 2013).

III. DISCUSSION

Ordinarily, when considering a claim that a member of the Virgin Islands Bar has committed ethical misconduct, “we exercise independent judgment with respect to both findings of fact and conclusions of law on all issues.” In re Disbarment of Rogers, 60 V.I. 295, 303 (V.I. 2013) (quoting V.I. Bar v. Brusch, 49 V.I. 409, 411-12 (V.I. 2008)). We apply a different standard, however, in cases where the highest court of another state or territory has already held that an attorney has committed ethical misconduct in that jurisdiction. Supreme Court Rule 203, which governs [576]*576reciprocal discipline, provides that when another court has publicly disciplined an attorney,

this court shall impose the identical discipline unless the respondent-attorney demonstrates, or this court finds, that upon the surface of the record upon which the discipline in another jurisdiction is predicated it clearly appears:
A. that the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or
B. that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this court could not, consistent with its duty, accept as final the conclusion on that subject; or
C. that the imposition of the same discipline by this court would result in grave injustice; or
D. that the misconduct established is deemed by this court to warrant substantially different discipline.

V.I.S.CT.R. 203(c)(4). If any of these elements exist, this Court may fashion an alternate order, as appropriate.

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In re the Suspension of Adams
58 V.I. 356 (Supreme Court of The Virgin Islands, 2013)

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Bluebook (online)
60 V.I. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-virgin-islands-bar-assn-virginislands-2014.