Job of Chief Disciplinary Counsel

One important job duty of Virginia L. Ferrara, Chief Disciplinary Counsel for attorney discipline in New Mexico, is to review formal Specification of Charges before they are filed and become public. (Rule 17-307.E) Her obligation is to read the Specification of Charges and either approve its formal filing or recommend an alternate course of action against the attorney.

This Rule is in place so that there is one last, plenary review prior to formal charges being filed. Chief Disciplinary Counsel should balance the duty to assure that attorneys follow the rules and that an adequate investigation by an assistant disciplinary counsel results in admissible evidence that the specific charges will be proved. The review of the Specification of Charges should determine:

1. That the Specification of Charges will give full and adequate notice to the attorney of what actions or inactions of the attorney give rise to violation(s) of provision(s) of the Rules of Professional Conduct;
2. That assistant or deputy disciplinary counsel has adequate evidence to prove the violation(s) by the necessary weight required by the allegations; and
3. A general review of the proposed Specification of Charges to be sure they are fair and just under the circumstances.

Virginia Says in Depo She Signs Off in Writing

In ongoing federal cases concerning lawyer advertising in which Stuart Stein is a Plaintiff, Ms. Ferrara gave a deposition (statements made under oath before a court reporter) in which she said that she, in fact, goes over all Specification of Charges before they are filed and signs off on them. “There will be a . . . one page thing that I sign, and it says on this date I reviewed the charges and approved them . . . check, check, check,” she says. (See, excerpt of Virginia L. Ferrara deposition 5/24/06) (more…)