V I R G I N I A :
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
John Marshall Courts Building
VIRGINIA STATE BAR EX REL
THIRD DISTRICT COMMITTEE, Complainant
Case No.: LR-1221-1
ROBERT HENRY SMALLENBERG, Respondent
ORDER
On the 3rd day of October, 2003, this matter came to be heard in the Richmond Circuit
Court upon the Complainant's Rule to Show Cause why the District Committee's
determination of February 14, 2003 should not stand, upon the Complainant's Motion to
Dismiss Respondent's Appeal which alleged that Respondent''s Brief was not timely filed
and
upon the Respondent's Petition to Supplement the Record. After hearing argument of
counsel, and it otherwise appearing proper to do so;
It is hereby ORDERED the Respondent''s Brief in Support of his appeal was timely filed
and the Complainant's Motion to Dismiss is denied;
It is further ORDERED the Respondent's Petition to Supplement the Record is granted
and the transcript of the hearing held before the Fairfax Circuit Court on June 26, 2001 is
admitted to the record;
It is further ORDERED there is not sufficient evidence in the record to support the
findings of the Third District Committee and accordingly the Show Cause is dismissed, and
the findings of the Third District Committee are reversed, and judgment is entered in favor
of the Respondent, Robert Henry Smallenberg.
As there is nothing further to be done in this matter, it is ORDERED that this case is to
be placed among the ended causes.
ENTERED: / /
Pamela S. Baskervill, Judge
E. Everett Bagnell, Judge
Donald H. Kent, Judge
I Ask For This:
Gary R. Hershner
Seven South Adams Street
Richmond, Virginia 23220-5601
804-788-1956
804-788-1982 Facsimile
Counsel for Respondent
Seen And Agreed/Objected To:
Linda Mallory Berry, Esquire
Assistant Bar Counsel
Virginia State Bar
707 East Main Street, Suite 1500
Richmond, Virginia 23219-2800
804-775-0500
804-775-0501 Facsimile
Counsel for Complainant