Virginia Supreme Court Upholds Prosecutor's Suspension for Withholding Evidence

Joseph Willis Lee III suspended for two years for violating ethics rules

Apr. 8, 2026 at 1:00pm

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The Supreme Court of Virginia has upheld the two-year suspension of Petersburg prosecutor Joseph Willis Lee III for violating ethics rules by knowingly withholding exculpatory evidence from a criminal defendant. Lee had argued the initial disciplinary process was flawed, but the court rejected his claims, finding the circuit court's clear and convincing evidence of misconduct was sufficient to affirm the suspension.

Why it matters

This case highlights the importance of prosecutors upholding their ethical obligations to disclose evidence that could help defendants, even when it may be detrimental to their cases. The Supreme Court's ruling reinforces that such violations of prosecutorial ethics will face serious professional consequences.

The details

Lee was found to have violated Virginia Rule of Professional Conduct 3.8(d) by failing to inform a defendant, Rayshawn Scott, that he had offered to reduce charges against Scott's cousin Shaquille in exchange for testifying against Rayshawn. The circuit court later vacated Rayshawn's conviction, finding Lee had withheld exculpatory evidence. Lee argued the initial disciplinary process was flawed due to the inclusion of his prior disciplinary record, but the Supreme Court rejected this, saying any error was harmless given the circuit court's clear findings of misconduct.

  • In 2024, Rayshawn Scott was prosecuted by Lee.
  • In mid-March 2026, the Supreme Court of Virginia upheld Lee's two-year suspension.

The players

Joseph Willis Lee III

A Petersburg prosecutor who was suspended for two years by the Virginia Supreme Court for violating ethics rules by withholding exculpatory evidence from a criminal defendant.

Rayshawn Scott

A criminal defendant prosecuted by Lee, whose conviction was later vacated due to Lee's failure to disclose a deal made with a witness.

Shaquille Scott

Rayshawn Scott's cousin, who was offered a reduction in charges by Lee in exchange for testifying against Rayshawn.

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What they’re saying

“Lee concludes that the alleged error during the certification process requires us to vacate the circuit court's final decision and to dismiss the ethical charge against him. We decline to do so.”

— Justice D. Arthur Kelsey, Supreme Court of Virginia

What’s next

The Petersburg Commonwealth's Attorney's Office did not immediately respond to an inquiry regarding Lee's employment status during the appeals process.

The takeaway

This case reinforces the critical role of prosecutorial ethics and the consequences prosecutors can face for violating their duty to disclose exculpatory evidence, even when it may be detrimental to their cases.