Tidwell v. Virginia State Bar, 262 Va. 548

Summary

The Supreme Court of Virginia affirmed the Virginia State Bar Disciplinary Board's revocation of Drew Virgil Tidwell's license to practice law after his automatic disbarment in New York following a felony conviction. The court held that the relevant due-process inquiry encompassed the entire criminal and disbarment process, and that Tidwell had notice and an opportunity to be heard because he defended, but ultimately pleaded guilty to, the criminal charge and could have appealed the disbarment order.

Holdings

1. In determining whether reciprocal disbarment was improper because of a due-process violation, the Disciplinary Board properly considered the record of the entire process resulting in disbarment, including the criminal proceeding and the disbarment proceeding, rather than reviewing the automatic disbarment proceeding in isolation.
2. Tidwell failed to show that the New York proceedings denied him due process because he had notice of the criminal charge and the consequence of conviction, had an opportunity to defend against the charge, knowingly pleaded guilty, and could have appealed the disbarment order.
3. The Virginia State Bar Disciplinary Board did not err in revoking Tidwell's Virginia law license.

Questions Presented

1. Whether Paragraph 13(G) required the Virginia Disciplinary Board to consider only the automatic disbarment proceeding, rather than the entire criminal and disbarment process, in deciding whether Tidwell was denied due process.
2. Whether the New York proceedings resulting in Tidwell's automatic disbarment denied him notice or an opportunity to be heard.
3. Whether the Virginia State Bar Disciplinary Board erred in revoking Tidwell's Virginia law license.

Disposition

affirmed