On Tuesday, May 6, 2025, the Virginia State Bar Disciplinary Board issued a nine-month suspension to attorney Marlene Alice Harris, effective June 21, 2025, following an agreed disposition in a disciplinary matter. The decision stemmed from Harris’s failure to adequately represent a client in a criminal appeal case.

The case is entitled “In the Matter of Marlene Alice Harris,” with case no. 23

Harris faced disciplinary action due to her conduct in representing Anthony Jerome Nicholas in his criminal appeal. On October 23, 2023, the Dinwiddie Circuit Court appointed Harris to represent Nicholas after he filed a pro se notice of appeal following his conviction. Nicholas had pleaded guilty to charges of eluding police and two counts of possession of a Schedule I/II drug with intent to distribute, with offense dates of September 7, 2018. The court initially sentenced Nicholas to 22 years of incarceration in January 2022, but after vacating that order, it issued a revised sentence on October 13, 2023.

Harris filed an amended notice of appeal on Nicholas’s behalf on November 22, 2023. The Court of Appeals received the lower tribunal record on December 19, 2023, setting a January 29, 2024, deadline for the opening brief. Harris failed to file the brief, resulting in the dismissal of Nicholas’s appeal on February 16, 2024.

Additionally, Harris did not communicate with Nicholas during her representation, nor did she inform him of the appeal’s dismissal, the reasons for it, or his potential options, such as filing a motion for a delayed appeal or a petition for a writ of habeas corpus. Harris also failed to take corrective action while the Court of Appeals retained jurisdiction or to file a motion for a delayed appeal under Virginia Code § 19.2-321.1.

The Disciplinary Board found that Harris’s actions violated several Rules of Professional Conduct, including Rule 1.1 (Competence), Rule 1.3 (Diligence), Rule 1.4 (Communication), and Rule 1.16 (Declining or Terminating Representation). Harris cited mental health issues during the period of her representation as a factor in her conduct. She also failed to withdraw from the case despite her inability to represent Nicholas, preventing the court from appointing alternative counsel.

The suspension requires Harris to notify all clients, opposing counsel, and presiding judges of her suspension by certified mail within 14 days of the effective date and to arrange for the disposition of client matters within 45 days. She must provide proof of compliance to the Virginia State Bar within 60 days. Failure to comply could result in further sanctions, including license revocation or an additional suspension.

The Disposition states:

“It is ORDERED that the Disciplinary Board accepts the Agreed Disposition and the Respondent shall receive a Nine-Month Suspension, as set forth in the Agreed Disposition, which is attached and incorporated in this Memorandum Order.”

According to Avvo.com, Ms. Harris is an attorney in Midlothian, Virginia. She acquired her law license in Virginia in 2002.

A copy of the original filing can be found here.