Block: Juveniles caught in adult system

Andy Block of Charlottesville thinks that too many children accused of crime are getting caught up in the adult justice system, only to be handed juvenile sentences when they emerge from court. Block – a much-honored child advocate – will address the Virginia Trial Lawyers Association this morning at the group's annual convention at The Homestead.

Block questions “whether Virginia is getting what it wanted” when it dramatically changed the juvenile code in the mid 1990s. The changes of the '90s were designed to see that the “worst of the worst” juvenile offenders were put on trial as adults. Block suggests that the adult-trial net is being cast too broadly.

Block is the Virginia State Bar’s 2007 Legal Aid Attorney of the Year. He is the founder of the JustChildren advocacy project in Virginia and the Child Advocacy Clinic at the University of Virginia School of Law.

Block says that most youths who are convicted in adult court end up being sentenced as juveniles. While that means they get opportunities for education and rehabilitation, they still are branded as adult offenders. The consequences are significant, according to Block.

Young people convicted of felonies as adults lose their right to vote; they are barred from some student loans; they have difficulty finding jobs. If the crime is a sex offense, the young defendant is required to register as a sex offender. “It creates obstacles,” said Block.

“My hope is that, presented with the right information and given the opportunity to consider and discuss the matter, people might think that there is a better way to do it,” Block said.

Bill would give early disclosure of policy limits

The Virginia Trial Lawyers Association appears likely to get one of its principal legislative objectives for the year.

House Bill 172 allows plaintiffs’ attorneys to get the policy limits of a potential defendant before filing suit. The VTLA had to give a little, however. It accepted an amendment that would attorneys must give the insurer proof of medical bills or lost wages totaling at least $12,500 before the policy limits must be disclosed.

The measure cleared the House by a 55-43 vote before the $12,500 provision was added and passed 15-0 in the Senate Courts of Justice Committee yesterday. Chris LaGow, a lobbyist for insurers, said they did not oppose the bill.

VTLA President Chuck Zauzig said the measure is a common sense proposal that will let everyone know the practical limits of recovery and encourage early settlement.

VTLA’s amicus track record: A few more notches on the belt

Roger Creager, outgoing chair of the amicus curiae committee for the Virginia Trial Lawyers Association, touted a 75 percent “lifetime win rate” for the association in the 43 appellate cases heard since 1992 in which the VTLA filed a friend-of-the-court brief. In those cases, the majority of which have been in the Supreme Court of Virginia, the VTLA tallied 30 wins, 9 losses and two ties, with two cases still pending for decision by the Virginia high court. Creager congratulated association members who have written briefs at the VTLA's annual meeting at The Greenbrier on April 13.

Last year’s highlights, according to Creager, included Ford Motor Co. v. Benitez, the sauce-for-the-gander case that applied sanctions to a defense lawyer for filing a frivolous grounds of defense, and Kondaurov v. Kerdasha, the car-crash case that originally featured some scary language on damages for plaintiff’s lawyers.

When the Supreme Court releases its next batch of opinions this Friday, the p.i. bar is looking for a decision in another case in which VTLA filed an amicus brief – Isbell v. Commercial Investment Associates Inc., which deals with the Virginia Landlord-Tenant Act as the basis for a tenant’s p.i. suit.

Creager is handing over the committee chair reins to Virginia Beach lawyer Steve Emmert and Richmond lawyer Josh Silverman.