S. Ct. Misc. No. 2012-0014

Upon a petition by the Unauthorized Practice of Law Committee of the Virgin Islands Bar Association contending that a member of the Virgin Islands Bar engaged in unauthorized practice of law while suspended for failure to complete continuing legal education hours required by Supreme Court Rule 208(b)(1), recusal of the Justices of this Court is not warranted. However, the petitioning Committee lacks authority to recommend suspension, disbarment or other sanction against an attorney who engages in or facilities the unauthorized practice of law. For this reason, whenever the Unauthorized Practice of Law Committee receives a complaint of unauthorized practice of law by a Virgin Islands attorney, it should refer the matter to the Office of Disciplinary Counsel for investigation and adjudication before the Ethics and Grievance Committee, which is the appropriate forum for consideration of these allegations as a body independent of the Bar Association, and which is not precluded from requesting that this Court issue an injunction, render a declaratory judgment, or assess a monetary fine in addition to whatever other discipline that Committee believes is warranted. The present petition is dismissed without prejudice, and the entire file shall be transferred to the Office of Disciplinary Counsel so that the Ethics and Grievance Committee may investigate and adjudicate all of the underlying unauthorized practice of law allegations. If that Committee concludes that the attorney engaged in the unauthorized practice of law, it may, in addition to any other sanction, petition this Court to impose any of the statutory remedies authorized by title 4, section 443 of the Virgin Islands Code.