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Wednesday, February 25, 2009

Emergency Injunction Filed at VA Supreme Court to Stop Controversial Judge Finch

The following is a copy of petition for an emergency injunction filed at the Virginia Supreme Court on 2/24/09. The Courts of Justice Committee of the Virginia Legislature voted to certify Judge Finch on 2/24/09. The high court is expected to rule on the injunction request today...

IN THE
SUPREME COURT OF VIRGINIA

ELIZABETH A. HARING, :
PRIVATE CITIZEN, :
PETITIONER :
: Record No. ______
:
IN RE: :
HON. DAVID B. ALBO :
CHAIRMAN, HOUSE COURTS OF JUSTICE COMMITTEE
GENERAL ASSEMBLY BUILDING ROOM 529
CAPITOL SQUARE
RICHMOND, VA 23218

HON. HENRY L. MARSH, III
CHAIRMAN, SENATE COURTS OF JUSTICE COMMITTEE
GENERAL ASSEMBLY BUILDING ROOM 432
CAPITOL SQUARE
RICHMOND, VA 23218

MS. LINDA BIRTLEY
DESIGNEE, VIRGINIA SUPREME COURT
JUDICIAL PERFORMANCE EVALUATION PROGRAM
C/O VIRGINIA COMMONWEALTH UNIVERSITY
SURVEY, EVALUATION AND RESEARCH LAB
910 WEST FRANKLIN STREET
RICHMOND, VA 23284


PETITION FOR EMERGENCY INJUNCTION
Comes now your petitioner Elizabeth A. Haring,
in proper person, and respectfully requests this
Honorable Court to issue an emergency injunction to
prevent Hon. David Albo, Hon. Henry Marsh, and the
members of the Courts of Justice Committee from
voting regarding the certification of Judge Gaylord
L. Finch, Jr. and enjoining the Virginia General
Assembly from voting on Judge Finch until this
Honorable Court renders a decision on her February
18, 2009 Petition for a Writ of Mandamus and Writ
of Prohibition.

This Honorable Court has authority pursuant to § 8.01-650,

“On petition for a writ of prohibition, the court may, at any time before or after the application for the writ is made, make an order, a copy of which shall be served on the defendant, suspending the proceedings sought to be prohibited until the final decision of the cause.”

Further, pursuant to 8.01-651 this Honorable Court has said authority,

“Whenever a court having jurisdiction refuses to suspend proceedings as provided in § 8.01-650 of this chapter, a copy of the proceedings in court, with any orders entered in the proceedings, may be presented to a judge of the Court of Appeals, if an application for a writ of prohibition is pending in that court, or to a justice of the Supreme Court if the application for a writ is pending there. Such judge or justice may thereupon award a suspension of the proceedings sought to be prohibited until the final decision of the cause.”

BACKGROUND
On February 18, 2009, your petitioner filed a
petition for a Writ of Mandamus and Writ of
Prohibition directed to Hon. David Albo, Hon. Henry
Marsh III and Linda Birtley. Subsequently, your
petitioner wrote to all members of the Courts of
Justice Committee on February 19, 2009 asking that
they wait to proceed any further regarding Judge
Finch until this Honorable Court has had an
opportunity to review and rule upon her petition.
Moreover, your petitioner wrote to Del. Albo
seeking to schedule the taking of his deposition.

On February 20, 2009, Virginia Lawyers
Weekly conducted an interview with Del. David Albo.
In said interview, Del. Albo admitted that he cut a
deal to re-appointment Judge Finch to another term
premised upon Judge Finch retiring at the end of
2009 (see attached Exhibit 1). The aforementioned
deal is part of the “gentleman’s agreement” alleged
in the petition for a writ of mandamus and writ of
prohibition.

On February 23, 2009, Del. David Albo wrote to
your petitioner. He indicated the Courts of Justice
Committee intends to vote regarding Judge Finch’s
certification today and that there will be a floor
vote on Wednesday of this week. As of this writing,
there is no public posting of the committee meeting
today on the General Assembly website (see Exhibit
2 attached). Your petitioner has written to Del.
Albo three times in the past 24 hours seeking to
find out the committee meeting time and location
today, to no avail. Del. Albo’s refusal to notify
the public is a violation of VA FOIA law.

This Honorable Court has authority to issue an
emergency injunction. Absent this Honorable Court’s
intervention, Judge Finch may get re-appointed even
though his re-appointment process has been
procedurally defective, unlawful and illicit
because a judicial performance evaluation was never
completed re: Judge Finch pursuant to 17.1-100.

CONCLUSION
The issuance of an injunction will not
prejudice the Respondents. If this Honorable Court
fails to issue an injunction, the Courts of Justice
Committee certifies Judge Finch and the General
Assembly votes in favor of his re-appointment, this
Court will be unable to issue an extraordinary writ
as a remedy, which would prejudice your
petitioner’s case. The issuance of an injunction is
absolutely necessary to prevent a failure or defect
of justice and meet the ends of justice.
Wherefore, your petitioner prays that this
Honorable Court will issue an emergency injunction
today.

Respectfully Submitted,

Elizabeth A. Haring,
Private Citizen
Pro Se

Elizabeth Haring
210 Cornwall Street NW
Leesburg, VA 20176
Tel: 703-967-4047
Fax: 540-242-3441


CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing
Petition for Emergency Injunction was served
this 24th day of February, 2009 on the Honorable
David B. Albo, Chairman, Courts of Justice
Committee and the Honorable Henry Marsh III by hand
delivering copies to their legislative offices in
the General Assembly Building, Capitol Square,
Richmond, VA 23218, to Linda Birtley c/o Virginia
Commonwealth University, 910 West Franklin Street,
Richmond, VA 23284 and to the office of Robert
McDonnell, Attorney General of Virginia, Counsel
for Respondents, 900 East Main Street, Richmond, VA
23218.

__________________
Elizabeth A. Haring
Petitioner
Pro Se

Elizabeth Haring
210 Cornwall Street NW
Leesburg, VA 20176
Tel: 703-967-4047
Fax: 540-242-3441

1 comment:

  1. What happened to your "injuction"?

    ReplyDelete