RULES GOVERNING ADMISSION TO THE VIRGIN ISLANDS BAR Rule 203. Professional Responsibility and Discipline

• Jurisdiction: United States

Rule 203. Professional Responsibility and Discipline

(a) Professional ethics. Supreme Court Rule 211, establishing the Virgin Islands Rules of Professional Conduct, promulgated by order of this Court dated December 23, 2013, and effective February 1, 2014, and, to the extent applicable, the accompanying or related ABA INTERPRETIVE GUIDELINES, COMMENTS, and COMMITTEE COMMENTS, shall govern the conduct of members of the Bar of this Territory, including attorneys admitted pro hac vice. Notwithstanding this rule, any conduct which occurred prior to the February 1, 2014, effective date shall continue to be analyzed under the ethical rules that were in effect at the time of the conduct in question.

(b) Board on Professional Responsibility and Preliminary Review Committee.

(1) Appointment and Term of Office. There shall be a Board on Professional Responsibility ("Board") consisting of such persons as the Court shall from time to time designate by order of appointment, provided however, that to the extent possible one-third of the members of the Board shall be public members who are not members of the Virgin Islands Bar and the remainder shall be members of the Virgin Islands Bar in good standing. Of the members who are members of the Virgin Islands Bar, each of the judicial districts shall be represented on the Board. Despite the goal of including public members on the Board, until public members are appointed, the Board may consist of all attorney members. The Court shall from time to time select a Chair, a Vice Chair and other such officers as it deems necessary and appropriate. Each member of the Board shall be appointed for a term of three years except that the Court may appoint for shorter terms so as to stagger the terminations. No member shall be appointed for more than two consecutive terms.

The members of the former Ethics and Grievance Committee of the Virgin Islands Bar Association, as heretofore constituted upon the effective date of these Rules, shall constitute the Board on Professional Responsibility hereby provided for and shall severally hold office until the expiration of their respective terms and until their successors shall be appointed and, with the approval of the Court, until the conclusion of any matter commenced before the member prior to the expiration of such term.

(2) Preliminary Review Committee. There shall be a Preliminary Review Committee consisting of such persons as the Court shall from time to time separately designate by order of appointment, provided however, that to the extent possible, at least one-third of the members of the Committee shall be public members who are not members of the Virgin Islands Bar and the remainder shall be members of the Virgin Islands Bar in good standing. Preliminary Review Committee members shall be separately appointed by the Court for terms of three years, and each shall be subject to all obligations of the members of the Board concerning the confidentiality of the Board's records and proceedings. They shall sit in panels of three, consisting where possible of two members of the Bar and one public member who is not, and never has been, a member of the Virgin Islands Bar or the Bar of any other jurisdiction. Despite the goal of including public members on the panels, panels of the Preliminary Review Committee may consist of all attorney members. No Preliminary Review Committee member shall serve for more than six years. Vacancies on the Preliminary Review Committee shall be filled by the Court.
(3) Rules and Hearings. The Court shall adopt rules, which may be proposed by the Board, for the conduct of hearings and of the Board's other business. Subject to the approval of the Court, the Board shall have power to employ stenographic and other assistance as may from time to time be necessary and proper. The rules of the Board shall have the same force and effect as the rules of this Court.
(4) Assessments to Fund Operating Expenses. [Reserved]

(c) Office of Disciplinary Counsel.

(1) Appointment. There shall be an Office of Disciplinary Counsel, consisting of a chief disciplinary counsel, as provided by Supreme Court Rule 209.4 and, as needed, one or more deputy disciplinary counsel, and as necessary or appropriate, one or more special disciplinary counsel. Each such disciplinary counsel shall be an attorney admitted to practice in this Territory and shall be appointed by the Court. Each such disciplinary counsel shall serve at the pleasure of the Court.
(2) Chief Disciplinary Counsel. The attorney appointed by the Court pursuant to Rule 209.4 as Chief Disciplinary Counsel shall be the full-time director of the Office of Disciplinary Counsel, and in such capacity shall be responsible for the management and administration of the Office. The Chief Disciplinary Counsel shall

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