Louisa County, VA resident Greg Harrington has begun a campaign to impeach Fauquier County Circuit Court Judge Jeffrey Parker. Harrington recently won his case involving Judge Parker with a unanimous opinion in his favor from the Court of Appeals of Virginia. Watch Harrington's video on You Tube (click on You Tube link below). We will be bringing you more information about this case soon.
http://www.youtube.com/watch?v=cKPIfW11HxY
Thursday, May 13, 2010
Wednesday, March 3, 2010
Obama: Is he selling judgeships for healthcare votes?
The Weekly Standard is questioning whether Obama is selling judgeships for healthcare votes. What do you think about his recent judicial nomination?
http://weeklystandard.com/blogs/obama-now-selling-appeals-court-judgeships-health-care-votes?
http://weeklystandard.com/blogs/obama-now-selling-appeals-court-judgeships-health-care-votes?
Saturday, January 30, 2010
Court Dysfunction Results in No Juries in Chesterfield County
The Richmond Times Dispatch has reported that no jury trials can take place in Chesterfield County because of a judicial oversight. All jury trials have had to be continued until the court can impanel juries. According to Virginia law, the chief judge of each circuit court is required to appoint jury commissioners by July 1 of each year. Judge Michael Allen, chief judge of Chesterfield County Circuit Court, failed to appoint jury commissioners until December 4, more than five months after the deadline! What's worse, Judge Allen has tried to shift the blame to court personnel. Our concern is that justice delayed is justice denied and that criminals may walk if they aren't granted their right to a speedy trial.
http://www2.timesdispatch.com/rtd/news/local/article/JURY26_20100125-222006/320099/
http://www2.timesdispatch.com/rtd/news/local/article/JURY26_20100125-222006/320099/
Monday, December 21, 2009
Judicial Interviews: The Highlights
The Pitchfork Rebellion was present at the Judicial Interviews in Richmond before the Courts of Justice Committee on December 17, 2009. The committee interviewed a slate of incumbent judges whose terms expire in 2010 as well as several Pro Tempore judges. Here are the highlights (email us at info@pitchforkrebellion.org if you have questions about other judges that were interviewed Dec 17 and are not mentioned below):
Judge Michael Moore (29th Judicial Circuit) came before the committee & was endorsed by his law school classmate Del. Kilgore.
Judge Edward Turner (27th Judicial Distict) announced he will retire at the end of his next term, if he is re-appointed. Judge Turner is currently age 66. One committee member inquired about Judge Turner's involvement as a board member for a non-profit land conservation organization. Judge Turner indicated that his name does not appear on fundraising letters.
Senator John Edwards endorsed Judge William Alexander II (22nd Judicial Circuit).
Sen. Edwards is a long-time friend of Judge Alexander, whom he's known since law school.
Judge M. Lee Stilwell, Jr. (22nd Judicial District) appeared before the committee sporting a long, braided ponytail. He referred to his courtroom as a place where, "everyone is equal."
Judge Elizabeth Kellas (26th Judicial District) was questioned about her name. Apparently her married name is Elizabeth Burton, but she goes by Elizabeth Kellas professionally & her husband is a stay-at-home dad.
Judge Julia Cannon (20th Judicial District) was evaluated under the now defunct Judicial Performance Evaluation (JPE) program. Her JPE indicated she needs improvement in her knowledge of the law & faithfulness to the law. Del. Albo, chairman of the committee, asked Judge Cannon how she intends to address these apparent shortcomings. Judge Cannon stated she needs to more diligently read the Court of Appeals and VA Supreme Court case law. We wonder how a judge who has been sitting on the bench for years would not know the law and worse, why she would not be faithful to it? Is this the best candidate for Chief Judge of the Loudoun General District Court? We think not.
Judge Steven Smith (Judge Pro Tempore, 31st Judicial District) was endorsed by Del. Jackson Miller. Jackson Miller and Judge Smith are friends; they served together on the Manassas City Council. Part of his qualifications included the following: Judge Smith's father was a circuit court judge - ergo, he must have inherited a judicial gene from his father.
Judge Thomas Gallahue (19th Judicial District) was evaluated under the JPE program. The JPE showed concerns about his faithfulness to the law and effective communication of decisions.
Judge Mitchell Mutnick (19th Judicial District) said he surveys people to find out their perceptions of his judicial performance. Survey says: he didn't feel he got a lot of honest answers.
Judge Teena Grodner's JPE (19th Judicial District) revealed concerns about whether she gives consistent treatment to all parties.
Judge Becky Moore's JPE (18th Judicial District) revealed concerns about fairness & consistency towards all parties.
Two citizens testified against Judge George Varoutsos (17th Judicial District). Louis John Swallow, Jr. gave a rambling presentation without providing any substantial or credible concerns about the judge. Judge Varoutsos' response - he terminated Mr. Swallow's visitation rights after Mr. Swallow set himself on fire outside the Phillipine Embassy.
Attorney Roy Morris testified about the many problems in Arlington J&DR Court, whose chief Judge Esther Wiggins Lyles is Judge Varoutsos' boss. Click here to listen to Roy Morris' compelling testimony:
http://www.box.net/shared/ig6uhm8hxc
Judge Varoutsos' JPE revealed concerns about fairness to all parties, consistency & treatment of all parties, and effectiveness of communications. Our take: time to clean house in Arlington J&DR!
Judge Alfreda Talton-Harris (5th Judicial District) came highly recommended by Senator Lucas, her former sorority sister, long-time friend and former colleague. Judge Talton-Harris' evaluation was worse than other judges... there were many concerns about her demeanor; folks were primarily concerned she lacked dignity, respect and courtesy towards litigants and was not diligent in her judicial duties (translation: lazy, rude judge). If she did not have a close relationship to Senator Lucas (which landed her the judgeship in the first place) we doubt she would be on the bench, much less be seeking re-appointment. Perhaps she ought to update her resume.
Judge Pro Tempore Kenneth Melvin (3rd Judicial Circuit) was an interim appointment by Governor Kaine. Melvin retired this year from the General Assembly, where he (like other judges in the Commonwealth) served on the Courts of Justice Committee. Sen. Lucas endorsed Judge Melvin as his neighbor and friend of 25 years.
Judge William Moore, Jr. (3rd Judicial District) was evaluated under the JPE program. His JPE raised the following issues: patience & treating litigants with dignity, respect & courtesy.
Judge James Matthews (4th Judicial District) just completed his first term. He was endorsed by Sen. Stolle and Del Barlow, his law school classmate.
Judge Joseph Massey (4th Judicial District) received two JPE evaluations. The more recent JPE showed 30% of respondents felt he had improved. To his credit, Judge Massey volunteered that there were 2 complaints against him recently & that he had recused himself from one of the cases. With a powerful family name like Massey, we anticipate Judge Massey will sail through.
Judge Pro Tempore Jeffrey Shaw (9th Judicial District) has been on the bench since June 1, 2009 as a sub judge. He came before the committee seeking a full term appointment. Sen. Tommy Norment endorsed Judge Shaw's candidacy. His qualifications? Judge Shaw's father was a judge in the same circuit! He must have inherited a judicial gene too.
Judge George C. Fairbanks, IV (9th Judicial District) was endorsed by Sen. Tommy Norment. Sen. Norment and Judge Fairbanks go way back... they've been friends since their days in law school together, when they worked together at the Kings Arms Tavern. They've also served together in the Army Reserves. Sen. Norment volunteered that he's appeared before Judge Fairbanks about 200 times. We're guessing the outcome for Senator Norment's clients was pretty favorable, but that's just a hunch.
Judge Fairbank's JPE revealed concerns about his respect for litigants and two other issues.
Citizen Gail Lakritz testified against Judge Fairbanks and talked about the problem of domestic violence. However, Judge Fairbanks did not respond to her testimony.
Judge Ronald Bentsen (7th Judicial District) announced he will not seek another term if re-appointed.
Sen. Tommy Norment endorsed Judge Bentsen, whom he's known since beginning to practice. Judge Bentsen received an excellent JPE.
Judge Lucretia Carrico (11th Judicial District) serves as chief judge of the Amelia County General District Court, hearing mostly traffic and criminal matters. Unfortunately, her JPE reveals she falls short in her knowledge of the law, faithfulness to the law. She admitted her weakness when it comes to knowledge of the law. With a family name like Carrico and given their history in Virginia's legal community & politics, we suspect she will be re-appointed. To her credit, she is quite genteel.
Judge Pro Tempore Gregory Carr (12th Judicial District) came seeking an appointment for a full term. Del. Loupassi endorsed Greg, who he's known since he was a clerk. Del. Albo had coached Judge Carr in the past as well.
The verdict: Virginia's system for selecting judges is deeply flawed. Its an outdated system where political largesse runs rampant; our elected officials put their friends and cronies on the bench, some judges practically inherit their seats and our judiciary is consequently becoming in-bred. The Roanoke Times summed it up best by saying, "Virginia's judiciary isn't independent. Judges are beholden to lawmakers for getting and keeping their jobs. That system is broken and should be fixed." http://www.roanoke.com/editorials/wb/174080
Its time for merit-based selection of judges. The future of Virginia's judiciary depends upon it.
Judge Michael Moore (29th Judicial Circuit) came before the committee & was endorsed by his law school classmate Del. Kilgore.
Judge Edward Turner (27th Judicial Distict) announced he will retire at the end of his next term, if he is re-appointed. Judge Turner is currently age 66. One committee member inquired about Judge Turner's involvement as a board member for a non-profit land conservation organization. Judge Turner indicated that his name does not appear on fundraising letters.
Senator John Edwards endorsed Judge William Alexander II (22nd Judicial Circuit).
Sen. Edwards is a long-time friend of Judge Alexander, whom he's known since law school.
Judge M. Lee Stilwell, Jr. (22nd Judicial District) appeared before the committee sporting a long, braided ponytail. He referred to his courtroom as a place where, "everyone is equal."
Judge Elizabeth Kellas (26th Judicial District) was questioned about her name. Apparently her married name is Elizabeth Burton, but she goes by Elizabeth Kellas professionally & her husband is a stay-at-home dad.
Judge Julia Cannon (20th Judicial District) was evaluated under the now defunct Judicial Performance Evaluation (JPE) program. Her JPE indicated she needs improvement in her knowledge of the law & faithfulness to the law. Del. Albo, chairman of the committee, asked Judge Cannon how she intends to address these apparent shortcomings. Judge Cannon stated she needs to more diligently read the Court of Appeals and VA Supreme Court case law. We wonder how a judge who has been sitting on the bench for years would not know the law and worse, why she would not be faithful to it? Is this the best candidate for Chief Judge of the Loudoun General District Court? We think not.
Judge Steven Smith (Judge Pro Tempore, 31st Judicial District) was endorsed by Del. Jackson Miller. Jackson Miller and Judge Smith are friends; they served together on the Manassas City Council. Part of his qualifications included the following: Judge Smith's father was a circuit court judge - ergo, he must have inherited a judicial gene from his father.
Judge Thomas Gallahue (19th Judicial District) was evaluated under the JPE program. The JPE showed concerns about his faithfulness to the law and effective communication of decisions.
Judge Mitchell Mutnick (19th Judicial District) said he surveys people to find out their perceptions of his judicial performance. Survey says: he didn't feel he got a lot of honest answers.
Judge Teena Grodner's JPE (19th Judicial District) revealed concerns about whether she gives consistent treatment to all parties.
Judge Becky Moore's JPE (18th Judicial District) revealed concerns about fairness & consistency towards all parties.
Two citizens testified against Judge George Varoutsos (17th Judicial District). Louis John Swallow, Jr. gave a rambling presentation without providing any substantial or credible concerns about the judge. Judge Varoutsos' response - he terminated Mr. Swallow's visitation rights after Mr. Swallow set himself on fire outside the Phillipine Embassy.
Attorney Roy Morris testified about the many problems in Arlington J&DR Court, whose chief Judge Esther Wiggins Lyles is Judge Varoutsos' boss. Click here to listen to Roy Morris' compelling testimony:
http://www.box.net/shared/ig6uhm8hxc
Judge Varoutsos' JPE revealed concerns about fairness to all parties, consistency & treatment of all parties, and effectiveness of communications. Our take: time to clean house in Arlington J&DR!
Judge Alfreda Talton-Harris (5th Judicial District) came highly recommended by Senator Lucas, her former sorority sister, long-time friend and former colleague. Judge Talton-Harris' evaluation was worse than other judges... there were many concerns about her demeanor; folks were primarily concerned she lacked dignity, respect and courtesy towards litigants and was not diligent in her judicial duties (translation: lazy, rude judge). If she did not have a close relationship to Senator Lucas (which landed her the judgeship in the first place) we doubt she would be on the bench, much less be seeking re-appointment. Perhaps she ought to update her resume.
Judge Pro Tempore Kenneth Melvin (3rd Judicial Circuit) was an interim appointment by Governor Kaine. Melvin retired this year from the General Assembly, where he (like other judges in the Commonwealth) served on the Courts of Justice Committee. Sen. Lucas endorsed Judge Melvin as his neighbor and friend of 25 years.
Judge William Moore, Jr. (3rd Judicial District) was evaluated under the JPE program. His JPE raised the following issues: patience & treating litigants with dignity, respect & courtesy.
Judge James Matthews (4th Judicial District) just completed his first term. He was endorsed by Sen. Stolle and Del Barlow, his law school classmate.
Judge Joseph Massey (4th Judicial District) received two JPE evaluations. The more recent JPE showed 30% of respondents felt he had improved. To his credit, Judge Massey volunteered that there were 2 complaints against him recently & that he had recused himself from one of the cases. With a powerful family name like Massey, we anticipate Judge Massey will sail through.
Judge Pro Tempore Jeffrey Shaw (9th Judicial District) has been on the bench since June 1, 2009 as a sub judge. He came before the committee seeking a full term appointment. Sen. Tommy Norment endorsed Judge Shaw's candidacy. His qualifications? Judge Shaw's father was a judge in the same circuit! He must have inherited a judicial gene too.
Judge George C. Fairbanks, IV (9th Judicial District) was endorsed by Sen. Tommy Norment. Sen. Norment and Judge Fairbanks go way back... they've been friends since their days in law school together, when they worked together at the Kings Arms Tavern. They've also served together in the Army Reserves. Sen. Norment volunteered that he's appeared before Judge Fairbanks about 200 times. We're guessing the outcome for Senator Norment's clients was pretty favorable, but that's just a hunch.
Judge Fairbank's JPE revealed concerns about his respect for litigants and two other issues.
Citizen Gail Lakritz testified against Judge Fairbanks and talked about the problem of domestic violence. However, Judge Fairbanks did not respond to her testimony.
Judge Ronald Bentsen (7th Judicial District) announced he will not seek another term if re-appointed.
Sen. Tommy Norment endorsed Judge Bentsen, whom he's known since beginning to practice. Judge Bentsen received an excellent JPE.
Judge Lucretia Carrico (11th Judicial District) serves as chief judge of the Amelia County General District Court, hearing mostly traffic and criminal matters. Unfortunately, her JPE reveals she falls short in her knowledge of the law, faithfulness to the law. She admitted her weakness when it comes to knowledge of the law. With a family name like Carrico and given their history in Virginia's legal community & politics, we suspect she will be re-appointed. To her credit, she is quite genteel.
Judge Pro Tempore Gregory Carr (12th Judicial District) came seeking an appointment for a full term. Del. Loupassi endorsed Greg, who he's known since he was a clerk. Del. Albo had coached Judge Carr in the past as well.
The verdict: Virginia's system for selecting judges is deeply flawed. Its an outdated system where political largesse runs rampant; our elected officials put their friends and cronies on the bench, some judges practically inherit their seats and our judiciary is consequently becoming in-bred. The Roanoke Times summed it up best by saying, "Virginia's judiciary isn't independent. Judges are beholden to lawmakers for getting and keeping their jobs. That system is broken and should be fixed." http://www.roanoke.com/editorials/wb/174080
Its time for merit-based selection of judges. The future of Virginia's judiciary depends upon it.
Saturday, December 19, 2009
Attorney Roy Morris Testimony against Arlington J&DR Judge
DC Attorney Roy Morris testified Dec. 17 before the Courts of Justice Committee in Richmond about the problems in Arlington J&DR Court. Morris did not mince words about Judge Esther Wiggins-Lyles of Arlington J&DR Court. Listen to his testimony here:
http://www.box.net/shared/ig6uhm8hxc
Read the US Supreme Court brief Roy Morris wrote re: the Dr. Ariel King case by clicking here:
http://www.arielconsult.com/ChildCustodyVA/2009-11-16_US_Supreme_Court_Petition_King_Pfeiffer_Docket_09-613.pdf
http://www.box.net/shared/ig6uhm8hxc
Read the US Supreme Court brief Roy Morris wrote re: the Dr. Ariel King case by clicking here:
http://www.arielconsult.com/ChildCustodyVA/2009-11-16_US_Supreme_Court_Petition_King_Pfeiffer_Docket_09-613.pdf
Roanoke Times: Virginia's Judiciary isn't Independent
The Roanoke Times issued an editorial today about the state of Virginia's judiciary and the systemic problems inherent in Virginia's selection process. The Roanoke Times' take on the problem is this -
"Judges are beholden to lawmakers for getting and keeping their jobs. That system is broken and should be fixed"
See the editorial at http://www.roanoke.com/editorials/wb/174080
"Judges are beholden to lawmakers for getting and keeping their jobs. That system is broken and should be fixed"
See the editorial at http://www.roanoke.com/editorials/wb/174080
Lawyer Blasts Arlington, VA J&DR Court
DC lawyer Roy Morris testified December 17, 2009 before the joint Courts of Justice Committee in Richmond. Morris told the committee that something is rotten in Arlington J&DR -- he insinuated that money is changing hands in Arlington. Morris is a DC attorney who represented Dr. Ariel King, a well-educated African American Jewish woman who lost custody of her little girl.
Morris testified that Arlington J&DR Chief Judge Esther Wiggins-Lyles unlawfully assumed jurisdiction when neither party had resided in VA for 6 months preceding the hearing, then stripped custody from Dr. King. Morris told the committee how his client was told she needed to pay $20,000 to get her child back. Morris further testified about how Dr. King was unable to exercise her Due Process right to appeal & unable to have a trial de novo because the good ol' boy attorney representing the father had a final order entered without her knowledge in an ex-parte hearing.
Dr. King appealed to the Court of Appeals of VA, but was turned down, ostensibly because she mailed a pleading by Priority Mail rather than Registered Mail. The VA Court of Appeals summarily affirmed Judge Wiggins-Lyles ruling. She appealed to the VA Supreme Court, which declined to hear her case. Dr. King has petitioned the US Supreme Court to hear her case (Morris is representing her Pro Bono) -- click on the link to read her US Supreme Court petition: http://www.arielconsult.com/ChildCustodyVA/2009-11-16_US_Supreme_Court_Petition_King_Pfeiffer_Docket_09-613.pdf
Judge Esther Wiggins-Lyles will be coming before the Courts of Justice Committee for an interview in December 2010, stay tuned!
Roy Morris' testimony will be available on our blog soon. Click here to read the handout he gave to the Courts of Justice Committee on Dec 17, 2009:
http://www.box.net/shared/tdullub28z
Morris testified that Arlington J&DR Chief Judge Esther Wiggins-Lyles unlawfully assumed jurisdiction when neither party had resided in VA for 6 months preceding the hearing, then stripped custody from Dr. King. Morris told the committee how his client was told she needed to pay $20,000 to get her child back. Morris further testified about how Dr. King was unable to exercise her Due Process right to appeal & unable to have a trial de novo because the good ol' boy attorney representing the father had a final order entered without her knowledge in an ex-parte hearing.
Dr. King appealed to the Court of Appeals of VA, but was turned down, ostensibly because she mailed a pleading by Priority Mail rather than Registered Mail. The VA Court of Appeals summarily affirmed Judge Wiggins-Lyles ruling. She appealed to the VA Supreme Court, which declined to hear her case. Dr. King has petitioned the US Supreme Court to hear her case (Morris is representing her Pro Bono) -- click on the link to read her US Supreme Court petition: http://www.arielconsult.com/ChildCustodyVA/2009-11-16_US_Supreme_Court_Petition_King_Pfeiffer_Docket_09-613.pdf
Judge Esther Wiggins-Lyles will be coming before the Courts of Justice Committee for an interview in December 2010, stay tuned!
Roy Morris' testimony will be available on our blog soon. Click here to read the handout he gave to the Courts of Justice Committee on Dec 17, 2009:
http://www.box.net/shared/tdullub28z
Fairfax Delegation Picks Kassabian, Devine and Nordlund
On December 14, 2009, the Northern VA local delegation interviewed 13 candidates vying to fill three Fairfax County Circuit Court vacancies. The delegation selected Brett Kassabian, Hon. Lorraine Nordlund and Michael Devine after closing the meeting to the public & casting secret ballots.
We'd like to provide you with the highlights of the judicial interviews:
Kassabian, of Oakton, made a point to mention that his uncle was a J&DR judge in Fairfax County. Kassabian's father and brother are also attorneys. Kassabian spent 8.5 years in
the Commonwealth Attorney's office under Horan. Kassabian is in private practice in Annandale, VA. He reported to have been on the bench 300-500 days as a substitute judge. Del. Chap Petersen told the delegation his courthouse mole reported that, "Kassabian is as respectful to a hysterical Pro Se litigant as he is to a partner in a prestigious law firm."
Devine was very articulate. He's practiced primarily in the area of criminal law for over 18 years, during which time he's tried over 100 jury trials. He's served as a substitute judge since 2006 (reporting to have served in that capacity approx. 3X/month). This was Devine's second appearance before the local delegation (he had put his name under consideration in a previous year). Devine mentioned he has taken CLE in Domestic Relations and stressed that his criminal law experience is an asset since litigants can't "snow him."
Judge Lorraine Nordlund has been on the Fairfax bench since 1996 and made the case that she was the most qualified candidate to fill one of the vacancies on the circuit court bench in virtue of her strong judicial experience and domestic relations background. The Fairfax Bar Association (FBA) screening committee did not recommend Nordlund, however. Nordlund's FBA rating was "qualified." A local lawyer who was on the FBA screening committee used his position on the screening committee to play hardball with Judge Nordlund -- he asked Nordlund to reverse a decision she had made in a case he had tried. When Nordlund refused to engage in any quid quo pro, the FBA committee refused to recommend her and only gave her a lame "qualified" rating. Unfortunately there are not any rules to redress problems like this at the local level. The FBA told Nordlund she could either accept the "qualified" ranking or withdraw her name as a candidate. Nordlund took her chances, gave a great presentation to the local delegation and was selected after highlighting her experience teaching other judges, her initiatives to make changes to improve the ASAP program for Hispanics and her work to implement uniform standards when it comes to creditor cases, work for which she has been nationally recognized. Nordlund's experience with the Fairfax Bar Screening Committee highlights how flawed our process for selecting judges is. Nordlund's candidacy could have easily been torpedoed by a self-interested, unethical lawyer from the FBA.
We're glad Brian Hirsch did not make the cut -- his nasal 10 minute presentation to the delegation was, quite frankly, obnoxious and arrogant. Even though Hirsch has extensive domestic relations experience and his friends wrote letters on his behalf supporting his candidacy, one delegation member remarked that there were concerns about his "temperment" and wondered why. Hirsch's response did more to hurt him than help. Mr. Hirsch continues to serve as a substitute judge.
John Tran gave a thoughtful presentation to the delegation - he spoke of his insight & ability to see three sides of every coin. Tran practices mainly in the Federal Court system. He's admitted to practice in both VA and MD and travels extensively to represent clients. Tran's goals, if he were selected, would have been to sustain and improve the Court's reputation, ensure there is a recording of all cases & availability of electronic filing. Tran, who turns 50 years old soon, spoke of the three phases of life: learning, earning and returning to the community. His interest in the judiciary stemmed from his desire to give back to the community. Tran acknowledged the FBA and other local bars were not enamored with him because he's not primarily practicing in Fairfax County. Tran came close to making the cut this year & we hope he will interview again. His breadth of experience and thoughtfulness make him a great candidate.
We also found Alicia Summers' interview interesting. Summers, who is defense counsel for State Farm, was not recommended by the local bar associations because she was "not compassionate."
Summers spoke candidly to the delegation about how the local screening committee grilled her about a case in which her settlement offer was apparently $5,000 less than the settlement value of the injury. Opposing counsel in that case tried to torpedo her candidacy on the basis of that case, which in his mind called into question her "compassion". A member of the local delegation remarked that if that is the standard, all of the candidates would not be "compassionate." Let's face it, Summers' experience in the insurance defense industry gives her a really good grasp of what an injury is really worth -- she would be every ambulance chaser's worst nightware if she were on the bench. Summers aptly stated there are "defects in the process" of selecting judges in VA. We concur.
David Bernhard's candidacy was sunk when it came to light that he forgot to show up for a jury trial and Judge Kendricks detained him for five hours. Even though there was not an order entered, Bernhard, to his credit, disclosed this incident on his application.
We'd like to provide you with the highlights of the judicial interviews:
Kassabian, of Oakton, made a point to mention that his uncle was a J&DR judge in Fairfax County. Kassabian's father and brother are also attorneys. Kassabian spent 8.5 years in
the Commonwealth Attorney's office under Horan. Kassabian is in private practice in Annandale, VA. He reported to have been on the bench 300-500 days as a substitute judge. Del. Chap Petersen told the delegation his courthouse mole reported that, "Kassabian is as respectful to a hysterical Pro Se litigant as he is to a partner in a prestigious law firm."
Devine was very articulate. He's practiced primarily in the area of criminal law for over 18 years, during which time he's tried over 100 jury trials. He's served as a substitute judge since 2006 (reporting to have served in that capacity approx. 3X/month). This was Devine's second appearance before the local delegation (he had put his name under consideration in a previous year). Devine mentioned he has taken CLE in Domestic Relations and stressed that his criminal law experience is an asset since litigants can't "snow him."
Judge Lorraine Nordlund has been on the Fairfax bench since 1996 and made the case that she was the most qualified candidate to fill one of the vacancies on the circuit court bench in virtue of her strong judicial experience and domestic relations background. The Fairfax Bar Association (FBA) screening committee did not recommend Nordlund, however. Nordlund's FBA rating was "qualified." A local lawyer who was on the FBA screening committee used his position on the screening committee to play hardball with Judge Nordlund -- he asked Nordlund to reverse a decision she had made in a case he had tried. When Nordlund refused to engage in any quid quo pro, the FBA committee refused to recommend her and only gave her a lame "qualified" rating. Unfortunately there are not any rules to redress problems like this at the local level. The FBA told Nordlund she could either accept the "qualified" ranking or withdraw her name as a candidate. Nordlund took her chances, gave a great presentation to the local delegation and was selected after highlighting her experience teaching other judges, her initiatives to make changes to improve the ASAP program for Hispanics and her work to implement uniform standards when it comes to creditor cases, work for which she has been nationally recognized. Nordlund's experience with the Fairfax Bar Screening Committee highlights how flawed our process for selecting judges is. Nordlund's candidacy could have easily been torpedoed by a self-interested, unethical lawyer from the FBA.
We're glad Brian Hirsch did not make the cut -- his nasal 10 minute presentation to the delegation was, quite frankly, obnoxious and arrogant. Even though Hirsch has extensive domestic relations experience and his friends wrote letters on his behalf supporting his candidacy, one delegation member remarked that there were concerns about his "temperment" and wondered why. Hirsch's response did more to hurt him than help. Mr. Hirsch continues to serve as a substitute judge.
John Tran gave a thoughtful presentation to the delegation - he spoke of his insight & ability to see three sides of every coin. Tran practices mainly in the Federal Court system. He's admitted to practice in both VA and MD and travels extensively to represent clients. Tran's goals, if he were selected, would have been to sustain and improve the Court's reputation, ensure there is a recording of all cases & availability of electronic filing. Tran, who turns 50 years old soon, spoke of the three phases of life: learning, earning and returning to the community. His interest in the judiciary stemmed from his desire to give back to the community. Tran acknowledged the FBA and other local bars were not enamored with him because he's not primarily practicing in Fairfax County. Tran came close to making the cut this year & we hope he will interview again. His breadth of experience and thoughtfulness make him a great candidate.
We also found Alicia Summers' interview interesting. Summers, who is defense counsel for State Farm, was not recommended by the local bar associations because she was "not compassionate."
Summers spoke candidly to the delegation about how the local screening committee grilled her about a case in which her settlement offer was apparently $5,000 less than the settlement value of the injury. Opposing counsel in that case tried to torpedo her candidacy on the basis of that case, which in his mind called into question her "compassion". A member of the local delegation remarked that if that is the standard, all of the candidates would not be "compassionate." Let's face it, Summers' experience in the insurance defense industry gives her a really good grasp of what an injury is really worth -- she would be every ambulance chaser's worst nightware if she were on the bench. Summers aptly stated there are "defects in the process" of selecting judges in VA. We concur.
David Bernhard's candidacy was sunk when it came to light that he forgot to show up for a jury trial and Judge Kendricks detained him for five hours. Even though there was not an order entered, Bernhard, to his credit, disclosed this incident on his application.
Sunday, December 13, 2009
Local Delegation to interview Fairfax County judges Dec 14 in Fairfax
The Northern Virginia delegation will interview Fairfax County judges who are up for re-appointment on Monday, December 14. The interviews will take place at:
5 - 9 pm, December 14, 2009
at the NVRC (Northern VA Regional Commission)
3060 Williams Drive (5th floor conference room)
Fairfax, VA
Plan to be there early. Rumor has it litigants unhappy with Judge Grodner and Judge White will
show up to testify...
5 - 9 pm, December 14, 2009
at the NVRC (Northern VA Regional Commission)
3060 Williams Drive (5th floor conference room)
Fairfax, VA
Plan to be there early. Rumor has it litigants unhappy with Judge Grodner and Judge White will
show up to testify...
Fairfax Bar Association Lowers the Bar for Judicial Candidates
This just in... The Fairfax Bar Association has lowered the bar for aspiring Fairfax County judges. http://www.fairfaxbar.org/displaycommon.cfm?an=1&subarticlenbr=343
For those of you out there interested in becoming a judge, all you need to do for your screening interview is complete an application and submit a resume of no more than 100 words (yes, that's right, the most they want to know about your career is 100 words, so you don't need much in terms of qualifications to be considered). You might even consider Tweeting your bio if you can get it under 100 words. Keep it short and Tweet.
For those of you out there interested in becoming a judge, all you need to do for your screening interview is complete an application and submit a resume of no more than 100 words (yes, that's right, the most they want to know about your career is 100 words, so you don't need much in terms of qualifications to be considered). You might even consider Tweeting your bio if you can get it under 100 words. Keep it short and Tweet.
Wednesday, September 9, 2009
Open Government Conference: October 15-16, 2009
The VA Coalition for Open Government is hosting "Access 2009" its 10th annual conference
October 15-16,2009 in Staunton, VA this year. For details or to register, visit VACOG's website:
http://www.opengovva.org/get-involved/access-2009
October 15-16,2009 in Staunton, VA this year. For details or to register, visit VACOG's website:
http://www.opengovva.org/get-involved/access-2009
VA Coalition for Open Government Focuses on Transparency & Judicial Reform
The Pitchfork Rebellion weighs in on the need for transparency in judicial selection.
http://www2.timesdispatch.com/rtd/news/state_regional/article/FOIA07_20090906-220204/291185/
http://www2.timesdispatch.com/rtd/news/state_regional/article/FOIA07_20090906-220204/291185/
Tuesday, July 28, 2009
Separation of Powers and the Rise of the Judiciary
Elizabeth Haring contributed an interesting piece on the rise of the judiciary in this week's Bacon's Rebellion published by the Thomas Jefferson Institute for Public Policy.
http://baconsrebellion.com/2009/07/28/separation-of-powers-and-the-rise-of-the-judiciary/
Bacon's Rebellion
July 28, 2009
The first hundred years of colonial American government gave rise to a dominant legislative branch. Legislatures evolved to the point where they routinely interfered in judicial matters. For example, colonial legislatures would issue edicts requiring the courts to re-hear cases that had been adjudicated, overturn creditor’s judgments, stay executions and reverse settled decisions. Historian Gordon Wood described the assemblies of the 18th century as, “a kind of medieval court making private judgments as well as public law.”
Legislative dominance troubled the founding fathers, particularly James Madison who described the legislature in The Federalist 48 as a department which is, “everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.” Virginia’s Constitution demarcated the separation of powers, but in reality the legislature often usurped judicial power. Thomas Jefferson complained that the Virginia legislature had, “in many instances, decided rights which should have been left to judiciary controversy…”
The founding fathers’ concerns translated into many of the Constitution’s enumerations and limitations on power. The doctrine of separation of powers is summed up in the Federalist 47, “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
Not long after the Constitution was ratified, Congress encroached on the judiciary’s power. In 1791, Congress passed a law providing that disabled Revolutionary War veterans apply to Federal Circuit Courts for pension determinations. However, this law granted the Secretary of War the power to deny pensions that had been approved by the courts. The US Supreme Court unanimously declined to review the pension applications, reasoning that for the courts to render judgments subject to review by Congress violated the separation of powers. This marked the first time the high court struck down an act of Congress. The Hayburn decision, the underlying case, is considered by the modern Supreme Court to reflect a proper understanding of the role of the Judiciary under the Constitution.
Over time, the judiciary has evolved to become very powerful. One indication of the immense power of the modern judiciary is the tenure of judges. Only one Federal judge has been impeached in the last twenty years.
Although Virginia’s Judicial Inquiry and Review Commission receives over 1,400 complaints about judges annually, The Virginia Supreme Court has only removed two judges since 1971. While the Virginia Constitution grants the legislature the power to impeach a judge, it has never been done. During the 2009 legislative session, Del. Carrico introduced a bill providing that if a sitting district court judge is convicted of a felony or class 1 misdemeanor during his term of office and all rights of appeal have been exhausted, his term will expire 30 days after the commencement of the next General Assembly regular session. Del. Carrico’s bill was defeated.
Last year, Virginia Supreme Court chief justice Leroy Hassell, Sr. issued two court orders to the Chairman of the Courts of Justice Committees commanding them to restrict access to the Judicial Performance Evaluations. Members of the legislature questioned whether the chief justice had any authority over them. A power struggle ensued between the two branches of government, causing some judicial candidacies to remain in abeyance for weeks. Representatives of the Virginia Supreme Court and the General Assembly got together and ultimately agreed to the chief justice’ demand to keep judicial performance evaluations confidential.
Del. Janis and Sen. Cuccinelli introduced companion bills limiting the Chief Justice of the Virginia Supreme Court to two consecutive terms. Their attempt to check the power of Virginia’s chief jurist also failed. Another noteworthy piece of legislation this session was Del. Loupassi’s bill HB1804 requiring the General Assembly to approve retired judges for temporary recall by the Chief Justice of the Virginia Supreme Court. HB1804 was also defeated.
Two bills were introduced that would transfer authority over the judicial performance evaluation program to the legislature and require the Survey, Evaluation and Research Lab to provide the evaluations directly to the legislature. Both failed. Unable to gain control over the Judicial Performance Evaluation program through legislative means, the Virginia General Assembly essentially killed the program by cutting its funding. Resolution of the dispute between the judicial and legislative branches over authority of the Judicial Performance Evaluation program has important public policy considerations and the conflict surrounding it underscores the need for separation of powers. Not only is involving two branches of government in the Judicial Performance Evaluation program impractical, the great political philosopher Montesquieu warned that when the judicial and legislative powers are joined, the life and liberty of citizens is exposed to arbitrary control because judges become the legislators.
The recent struggles between Virginia’s judicial and legislative branches, the many failed legislative attempts to check the judiciary’s power, and the seeming impossibility of removing judges is indicative of how powerful Virginia’s judiciary has become over the past two hundred years. It’s a far cry from the days of old when Virginia’s legislature interfered in judicial matters and was the dominant branch of government. The Virginia General Assembly’s recent moves indicate the legislature now recognizes how power has shifted toward the judicial branch and how critical it is to the proper functioning of government to have a balance of powers not only in theory but in practice.
Gordon S. Wood, Creaton of the American Republic 154-55 (1969)
Thomas Jefferson, Notes on the State of Virginia (1784)
http://baconsrebellion.com/2009/07/28/separation-of-powers-and-the-rise-of-the-judiciary/
Bacon's Rebellion
July 28, 2009
The first hundred years of colonial American government gave rise to a dominant legislative branch. Legislatures evolved to the point where they routinely interfered in judicial matters. For example, colonial legislatures would issue edicts requiring the courts to re-hear cases that had been adjudicated, overturn creditor’s judgments, stay executions and reverse settled decisions. Historian Gordon Wood described the assemblies of the 18th century as, “a kind of medieval court making private judgments as well as public law.”
Legislative dominance troubled the founding fathers, particularly James Madison who described the legislature in The Federalist 48 as a department which is, “everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.” Virginia’s Constitution demarcated the separation of powers, but in reality the legislature often usurped judicial power. Thomas Jefferson complained that the Virginia legislature had, “in many instances, decided rights which should have been left to judiciary controversy…”
The founding fathers’ concerns translated into many of the Constitution’s enumerations and limitations on power. The doctrine of separation of powers is summed up in the Federalist 47, “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
Not long after the Constitution was ratified, Congress encroached on the judiciary’s power. In 1791, Congress passed a law providing that disabled Revolutionary War veterans apply to Federal Circuit Courts for pension determinations. However, this law granted the Secretary of War the power to deny pensions that had been approved by the courts. The US Supreme Court unanimously declined to review the pension applications, reasoning that for the courts to render judgments subject to review by Congress violated the separation of powers. This marked the first time the high court struck down an act of Congress. The Hayburn decision, the underlying case, is considered by the modern Supreme Court to reflect a proper understanding of the role of the Judiciary under the Constitution.
Over time, the judiciary has evolved to become very powerful. One indication of the immense power of the modern judiciary is the tenure of judges. Only one Federal judge has been impeached in the last twenty years.
Although Virginia’s Judicial Inquiry and Review Commission receives over 1,400 complaints about judges annually, The Virginia Supreme Court has only removed two judges since 1971. While the Virginia Constitution grants the legislature the power to impeach a judge, it has never been done. During the 2009 legislative session, Del. Carrico introduced a bill providing that if a sitting district court judge is convicted of a felony or class 1 misdemeanor during his term of office and all rights of appeal have been exhausted, his term will expire 30 days after the commencement of the next General Assembly regular session. Del. Carrico’s bill was defeated.
Last year, Virginia Supreme Court chief justice Leroy Hassell, Sr. issued two court orders to the Chairman of the Courts of Justice Committees commanding them to restrict access to the Judicial Performance Evaluations. Members of the legislature questioned whether the chief justice had any authority over them. A power struggle ensued between the two branches of government, causing some judicial candidacies to remain in abeyance for weeks. Representatives of the Virginia Supreme Court and the General Assembly got together and ultimately agreed to the chief justice’ demand to keep judicial performance evaluations confidential.
Del. Janis and Sen. Cuccinelli introduced companion bills limiting the Chief Justice of the Virginia Supreme Court to two consecutive terms. Their attempt to check the power of Virginia’s chief jurist also failed. Another noteworthy piece of legislation this session was Del. Loupassi’s bill HB1804 requiring the General Assembly to approve retired judges for temporary recall by the Chief Justice of the Virginia Supreme Court. HB1804 was also defeated.
Two bills were introduced that would transfer authority over the judicial performance evaluation program to the legislature and require the Survey, Evaluation and Research Lab to provide the evaluations directly to the legislature. Both failed. Unable to gain control over the Judicial Performance Evaluation program through legislative means, the Virginia General Assembly essentially killed the program by cutting its funding. Resolution of the dispute between the judicial and legislative branches over authority of the Judicial Performance Evaluation program has important public policy considerations and the conflict surrounding it underscores the need for separation of powers. Not only is involving two branches of government in the Judicial Performance Evaluation program impractical, the great political philosopher Montesquieu warned that when the judicial and legislative powers are joined, the life and liberty of citizens is exposed to arbitrary control because judges become the legislators.
The recent struggles between Virginia’s judicial and legislative branches, the many failed legislative attempts to check the judiciary’s power, and the seeming impossibility of removing judges is indicative of how powerful Virginia’s judiciary has become over the past two hundred years. It’s a far cry from the days of old when Virginia’s legislature interfered in judicial matters and was the dominant branch of government. The Virginia General Assembly’s recent moves indicate the legislature now recognizes how power has shifted toward the judicial branch and how critical it is to the proper functioning of government to have a balance of powers not only in theory but in practice.
Gordon S. Wood, Creaton of the American Republic 154-55 (1969)
Thomas Jefferson, Notes on the State of Virginia (1784)
VA Gubenatorial Candidates Agree: Judicial Evaluations and Reform Needed
Virginia Lawyers Weekly
Gov. candidates would reinstate judicial evaluations
July 25th, 2009 ·
Both Republican Bob McDonnell and Democrat Creigh Deeds apparently would restore the moribund program that gave lawyers, jurors, and citizens a voice in Virginia’s judicial selection process.
At the initial debate between the two candidates for governor, both endorsed a merit-based system of judge selection.
“We should reform the whole process,” Deeds told the audience at the Virginia Bar Association in Hot Springs. “We’ve got good judges. We lucked out, but we need reform.”
McDonnell boasted of his role in launching the judicial performance evaluation program that ground to a halt this year. “I’ll make sure we get that back on track,” he said.
By Peter Vieth
Gov. candidates would reinstate judicial evaluations
July 25th, 2009 ·
Both Republican Bob McDonnell and Democrat Creigh Deeds apparently would restore the moribund program that gave lawyers, jurors, and citizens a voice in Virginia’s judicial selection process.
At the initial debate between the two candidates for governor, both endorsed a merit-based system of judge selection.
“We should reform the whole process,” Deeds told the audience at the Virginia Bar Association in Hot Springs. “We’ve got good judges. We lucked out, but we need reform.”
McDonnell boasted of his role in launching the judicial performance evaluation program that ground to a halt this year. “I’ll make sure we get that back on track,” he said.
By Peter Vieth
Sunday, June 21, 2009
Pitchfork Rebellion on the John Batchelor Show
Tune in tonight to hear John Batchelor's interview with two members of the Pitchfork Rebellion
discuss Virginia's flawed judicial election process. Sunday, June 20 at 7:15 pm EST on AM630 WMAL.
discuss Virginia's flawed judicial election process. Sunday, June 20 at 7:15 pm EST on AM630 WMAL.
Richmond Times: Who's Judging Our Judges
The Pitchfork Rebellion's Bruce Bennett was featured in a front page article by the Richmond Times Dispatch: Who's Judging our Judges?
http://www.timesdispatch.com/rtd/news/state_regional/article/JUDG07_20090606-222004/272376/
http://www.timesdispatch.com/rtd/news/state_regional/article/JUDG07_20090606-222004/272376/
Tuesday, April 7, 2009
AP Story on Pitchfork Rebellion and Judicial Selection Debate in Virginia
The Associated Press ran a piece recently about judicial selection in Virginia. House Courts of Justice Committee chairman David Albo (R) admits there are some flaws in the process of judicial selection but defends the state's selection method by and large. A University of Virginia law professor says the way we select judges in Virginia is ripe for reconsideration/discussion:
http://www.dailypress.com/news/local/virginia/dp-va--selectingjudges0320mar20,0,5950262.story
http://www.dailypress.com/news/local/virginia/dp-va--selectingjudges0320mar20,0,5950262.story
Thursday, March 26, 2009
VA Senator Webb pushes for criminal justice reform
Senator Jim Webb (D-VA) takes on the daunting task of reforming the nation's criminal justice system.
http://hamptonroads.com/2009/03/webb-takes-next-challenge-nations-prison-system
http://hamptonroads.com/2009/03/webb-takes-next-challenge-nations-prison-system
Friday, March 20, 2009
The Pitchfork Rebellion contributes Public Policy Op-Ed piece to Thomas Jefferson Institute for Public Policy
The Thomas Jefferson Institute for Public Policy featured an article by one of our founders
in their Op-Ed section this week - the topic: Virginia's inherently flawed judicial selection process. This piece touches on many of the flaws in our current process and offers some practical solutions. We'd like to know: how much is the state of VA spending on rehab for judges, also known as the "Judges Helping Judges" program? If Chief Justice Hassell cannot find money in the budget for the Judicial Performance Evaluation program, why is he spending money hand over fist to rehabilitate troubled judges and calling for pay raises for VA judges?
http://baconsrebellion.com/2009/03/17/judicial-selection-in-virginia-an-inherently-flawed-process/
in their Op-Ed section this week - the topic: Virginia's inherently flawed judicial selection process. This piece touches on many of the flaws in our current process and offers some practical solutions. We'd like to know: how much is the state of VA spending on rehab for judges, also known as the "Judges Helping Judges" program? If Chief Justice Hassell cannot find money in the budget for the Judicial Performance Evaluation program, why is he spending money hand over fist to rehabilitate troubled judges and calling for pay raises for VA judges?
http://baconsrebellion.com/2009/03/17/judicial-selection-in-virginia-an-inherently-flawed-process/
Sunday, March 15, 2009
Richmond Times Lead Editorial: Pitchfork Rebellion and Sunshine
Today's Richmond Times lead editorial is on the topic of judicial selection in VA and features The Pitchfork Rebellion.
http://www.timesdispatch.com/rtd/news/opinion/editorials/article/EDJUDGES_20090313-212208/231253/
The Richmond Times gets it. They liken Virginia's closed door selection of judges to "proceedings the Ottoman Empire would have considered baffling, if not inscrutable." We could not agree more. The way Virginia selects its judges is a regression of hundreds of years to the days of the British star chambers, meetings of secret administrative bodies that met between 1398-1641. The British did away with star chamber proceedings because their secrecy cast doubt upon the legitimacy of the proceedings. Yet, here we are in the 21st century with our state legislators meeting in secret to debate the merits of particular judicial candidates.
We need to reform judicial selection in VA to allow for complete transparency in the process and merit based selection of judges.
http://www.timesdispatch.com/rtd/news/opinion/editorials/article/EDJUDGES_20090313-212208/231253/
The Richmond Times gets it. They liken Virginia's closed door selection of judges to "proceedings the Ottoman Empire would have considered baffling, if not inscrutable." We could not agree more. The way Virginia selects its judges is a regression of hundreds of years to the days of the British star chambers, meetings of secret administrative bodies that met between 1398-1641. The British did away with star chamber proceedings because their secrecy cast doubt upon the legitimacy of the proceedings. Yet, here we are in the 21st century with our state legislators meeting in secret to debate the merits of particular judicial candidates.
We need to reform judicial selection in VA to allow for complete transparency in the process and merit based selection of judges.
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