VA Supreme Court upholds suspension of Petersburg prosecutor’s license

The Supreme Court of Virginia denied a Petersburg prosecutor’s request to get his law license back after a judicial panel found he erred in not disclosing a key witness identity to the defense during a 2024 murder trial.

In a unanimous opinion March 19, the high court affirmed the panel’s 2025 order suspending Joseph Willis Lee III’s license for two years. Supreme Court Judge Arthur Kelsey, writing for the court, said that there was “clear and convincing evidence” that Lee violated the legal process of discovery by not sharing the witness’ name with defense counsel.

Lee was the lead prosecutor in the case of Rayshawn Scott, who was convicted in 2024 of second-degree murder in the 2021 shooting death of a man on Oakdale Avenue in Petersburg. He was sentenced to 40 years in prison with 20 years suspended, but court records indicated the conviction was vacated after it was determined that Lee had violated the discovery rule.

Scott’s lawyers filed a grievance with the Virginia State Bar over the violation, and the bar certified the complaint to a special three-judge Circuit Court panel for review. After a two-day trial in March of last year, the panel suspended Lee’s law license for two years beginning May 1, 2025

What was in the complaint?

The complaint said that Lee withheld the name of Shaquille Scott from a witness list given to Rayshawn Scott’s defense counsel. Shaquille Scott’s testimony placed his cousin Rashawn at the scene of the 2021 crime, and it was part of a plea deal to reduce felony drug charges to a misdemeanor paraphernalia charge.

Lee’s action, the complaint alleged, went against a 1963 U.S. Supreme Court opinion that prosecutors must disclose any evidence that favors guilt and/or punishment.

In his defense, Lee denied making a deal for Shaquille Scott’s testimony. He also questioned the validity of the VSB complaint, saying its ethics committee had improper notice of a previous complaint against him that was similar in nature.

Additionally, he claimed that the trial judge, when told by defense counsel of the misconduct allegation, later ruled that Lee “did nothing purposefully wrong or that would constitute an ethical violation.” Lee also said the trial judge stated he had “great respect” for the prosecutor, and as far as the judge was concerned, “that should be the end of it.”

Supreme Court finds ‘flaw’ in argument

In rejecting Lee’s appeal, the state Supreme Court called his argument “creative but unconvincing.

“The flaw in Lee’s argument is that whatever the context of the trial judge’s statements in Rayshawn’s case, they cannot be treated as irrefutable proof of Lee’s innocence in the circuit court’s disciplinary proceeding,” Kelsey wrote in the opinion. “Virginia law recognizes various legal doctrines (res judicata, collateral estoppel, double jeopardy, etc.) that specifically examine the preclusive impact of factual findings in one judicial proceeding upon another.”

Kelsey said the records indicated that Lee “received a fair trial in conformity with the rules” governing court proceedings.

Under Virginia law, suspensions remain in effect unless a stay is specifically granted. There is no automatic stay when an attorney appeals, and The Progress-Index could not find any record of a stay being granted in Lee’s case.

A message left with Petersburg Commonwealth’s Attorney Tiffany Buckner to clarify Lee’s status during the appeals process has not yet been returned.

Lee is a veteran prosecutor, having worked for the commonwealth’s attorneys in Augusta County and Portsmouth.

Bill Atkinson (he/him/his) has won numerous awards during his 40-year journalism career. A Petersburg native, Bill is a 1984 graduate of Virginia Commonwealth University in Richmond with a degree in mass communications. He specializes in coverage of breaking news, crime, government, and local/state/national politics. He is an avid history buff and a lifelong Washington Commanders fan. Reach him at [email protected] with news tips and story suggestions.

This article originally appeared on The Progress-Index: VA Supreme Court upholds suspension of Petersburg prosecutor’s license

Reporting by Bill Atkinson, Petersburg Progress-Index / The Progress-Index

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