ROANOKE TIMES 
                      Copyright (c) 1995, Roanoke Times

DATE: Tuesday, December 12, 1995             TAG: 9512120076
SECTION: VIRGINIA                 PAGE: C-4  EDITION: NEW RIVER VALLEY 
DATELINE: RICHMOND
SOURCE: MARC DAVIS STAFF WRITER 


REPORT: STATE BAR IS TOO CLOSED

The Virginia State Bar does a pretty good job of handling ethical complaints against lawyers but should open up its disciplinary system and make other changes to improve public trust, fairness and accountability, says a state audit released Monday.

``The closed nature of the system engenders public suspicion,'' concludes a report from the Joint Legislative Audit and Review Commission. ``Public confidence could be improved by further opening the disciplinary system.''

The bar's handling of complaints against lawyers is virtually closed to the public. All complaints about lawyers are kept confidential, and only the most serious disciplinary hearings, involving disbarments and suspensions, are open.

Bar president Michael Smith, a Richmond lawyer, agreed that the system is too closed but said he is not sure how much more open it should be.

``That discussion comes up all the time,'' Smith said. ``I personally feel the process should be opened up some,'' and recommendations to that effect are in the works. He said he could not be more specific.

The bar received 2,599 complaints against lawyers in fiscal year 1994 and took disciplinary action, ranging from private reprimands to disbarment, against 189.

The audit report focused largely on financial questions. It found that the bar charges lawyers too much for dues and keeps too much cash on hand for emergencies.

Auditors also found that the bar spends some of its money on alcoholic beverages for social meetings, travel expenses for officers' spouses and a staff holiday party.

The auditors recommended that the bar lower its dues and reserves and focus more on its central mission of lawyer discipline.


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