ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, June 22, 1996 TAG: 9606240059
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
DATELINE: VIRGINIA BEACH
SOURCE: Associated Press
The State Bar's governing council has refused to open its disciplinary process of lawyers to the public, despite a state audit that concluded the process is too secretive.
``You're dealing with a person's livelihood. You're dealing with irreparable damage,'' James Roy, a Chesapeake lawyer and member of the council, said after Thursday's unanimous vote. ``How do you repair the damage to someone's reputation after a false charge?''
The bar is a state agency that regulates Virginia lawyers. Its main job is handling complaints of lawyer misconduct. All lawyers must belong, and there are about 20,000 active members.
Auditors from the Joint Legislative Audit and Review Commission suggested a plan could be worked out to balance public accountability with lawyers' privacy. The legislature's watchdog agency said that while the bar does a pretty good job of handling complaints against lawyers, the agency feared the secrecy of the process left the public suspicious of just who was being protected.
Auditors recommended some changes to improve the system's fairness, and the bar adopted most in February. Opening the review process was so controversial, however, that bar leaders delayed a vote until Thursday.
In 1990, the bar opened its most serious disciplinary hearings - ones in which lawyers can be suspended or disbarred - to the public.
Local hearings remain closed, however, and complaints are confidential.
Auditors proposed that local committee hearings be open to the public after a subcommittee finds probable cause to believe a lawyer committed a misdeed.
Many lawyers, however, remain skeptical.
LENGTH: Short : 40 linesby CNB