The First and Second Amendments to the U.S. Constitution seldom are as juxtaposed as they were today before the Senate Courts of Justice Committee.
The debate was over Senate Bill 529, carried for the Freedom of Information Advisory Council by Sen. R. Edward Houck, D-Spotsylvania. The bill was largely a response to the posting last year by The Roanoke Times of the Virginia State Police database of holders of concealed weapon permits on its Web site.
The resulting furor was such that The Times quickly removed it. Houck’s bill generally prohibits public disclosure of the database but still allows anyone to go a circuit court clerk’s office and check to see whether anyone has a concealed weapon permit.
Gun rights advocates pressed to have even those records kept secret, or, at the very least, to allow permits issued at the request of crime victims or those with a law enforcement connection to be private.
Craig Merritt, representing the Virginia Press Association, said the group supported the legislation. He noted that judges can seal such records now if an applicant can show a compelling interest for doing so. Routine sealing of individual public records at a courthouse is inconsistent with the First Amendment, he said.
“I would urge you to be very careful about shrouding this process in secrecy,” said Sen. William Roscoe Reynolds, D-Martinsville, told his colleagues, noting that part of the tradeoff for the state’s relatively liberal concealed-weapon policy is a public record of who has such a permit.
The committee reported Houck’s bill to the full Senate on a 13-2 vote, with senators Ken T. Cuccinelli II, R-Fairfax, and Robert Hurt, R-Chatham, voting no.
Monday, February 4, 2008
Time running on Supreme Court, CAV nominees
Justice S. Bernard Goodwyn and Judge LeRoy F. Millette Jr. of the Virginia Court of Appeals could be out of a job Saturday.
Nobody expects that to happen, but their appointments by Gov. Timothy M. Kaine expire Friday in the absence of action by the General Assembly.
Del. David B. Albo, R-Fairfax, chairman of the House Courts of Justice Committee, said Goodwyn and Millette are excellent appointments, but the House has, in effect, placed a hold on electing them and also on reelecting court of appeals Judges Jean Harrison Clements on Robert J. Humphreys, whose terms expire later in the year.
Albo and Del. Jerry G. Kilgore, R-Scott, another powerful member of the courts committee and chairman of the House Commerce and Labor Committee, said the action is intended as a reminder to the Democratic governor and Senate they still have to deal with the House and Republicans on judicial appointments.
They suggested that House Republicans are looking toward having a substantial say in filling a vacancy on the State Corporation Commission created by the retirement of Theodore V. Morrison Jr. and an empty seat on the Workers’ Compensation Commission created by the departure of Lawrence D. Tarr.
The position of the Republicans may signal hardball in filling judicial vacancies in the lower courts as well. They were contentious enough when the Republicans controlled both houses and only figure to get worse with control split between the two houses.
The candidates historically have been chosen by a caucus of the party in control of each house of the legislature, with legislators from the area where the judge will serve typically having the final say.
Although it’s a little early for the horse-trading to start, Kilgore said, the governor and circuit judges may have more seats to fill than is usually the case. They pick lower court judges if the legislative session expires without a seat being filled.
Nobody expects that to happen, but their appointments by Gov. Timothy M. Kaine expire Friday in the absence of action by the General Assembly.
Del. David B. Albo, R-Fairfax, chairman of the House Courts of Justice Committee, said Goodwyn and Millette are excellent appointments, but the House has, in effect, placed a hold on electing them and also on reelecting court of appeals Judges Jean Harrison Clements on Robert J. Humphreys, whose terms expire later in the year.
Albo and Del. Jerry G. Kilgore, R-Scott, another powerful member of the courts committee and chairman of the House Commerce and Labor Committee, said the action is intended as a reminder to the Democratic governor and Senate they still have to deal with the House and Republicans on judicial appointments.
They suggested that House Republicans are looking toward having a substantial say in filling a vacancy on the State Corporation Commission created by the retirement of Theodore V. Morrison Jr. and an empty seat on the Workers’ Compensation Commission created by the departure of Lawrence D. Tarr.
The position of the Republicans may signal hardball in filling judicial vacancies in the lower courts as well. They were contentious enough when the Republicans controlled both houses and only figure to get worse with control split between the two houses.
The candidates historically have been chosen by a caucus of the party in control of each house of the legislature, with legislators from the area where the judge will serve typically having the final say.
Although it’s a little early for the horse-trading to start, Kilgore said, the governor and circuit judges may have more seats to fill than is usually the case. They pick lower court judges if the legislative session expires without a seat being filled.
Vick can keep Falcons' bonuses
Michael Vick, the former Atlanta Falcons quarterback now doing time in federal prison on dogfighting charges, can keep nearly $20 million in bonuses paid by the team, a federal judge in Minneapolis ruled this morning.
A special master found in October that Vick needed to pay back the money, but the judge said return of the funds would violate the NFL's collective bargaining agreement.
The Daily Press has an AP report on the ruling.
A special master found in October that Vick needed to pay back the money, but the judge said return of the funds would violate the NFL's collective bargaining agreement.
The Daily Press has an AP report on the ruling.
Flippin and Densmore move to Gentry Locke
Two big names in Roanoke’s legal community have changed addresses.
Frank Flippin and Doug Densmore, late of the firm that bears their names – LeClairRyan Flippin Densmore – have joined Gentry Locke Rakes & Moore LLP.
Both attorneys were founding members of Flippin Densmore Morse & Jessee, which was established in 1996. That firm merged with Richmond-based LeClairRyan in 2004 to become LeClairRyan Flippin Densmore.
Both men are business lawyers and Gentry Locke’s managing partner, Mike Pace, said in a release that their addition “greatly expands the depth and breadth of the firm's expertise in all areas of business law."
Flippin also is a past president of the Virginia Bar Association and past chair of the Virginia State Bar’s Business Law Section.
Densmore, who practices in the areas of corporate banking and securities law, has been a member of the Treasury Board of the Commonwealth of Virginia since 2005.
Frank Flippin and Doug Densmore, late of the firm that bears their names – LeClairRyan Flippin Densmore – have joined Gentry Locke Rakes & Moore LLP.
Both attorneys were founding members of Flippin Densmore Morse & Jessee, which was established in 1996. That firm merged with Richmond-based LeClairRyan in 2004 to become LeClairRyan Flippin Densmore.
Both men are business lawyers and Gentry Locke’s managing partner, Mike Pace, said in a release that their addition “greatly expands the depth and breadth of the firm's expertise in all areas of business law."
Flippin also is a past president of the Virginia Bar Association and past chair of the Virginia State Bar’s Business Law Section.
Densmore, who practices in the areas of corporate banking and securities law, has been a member of the Treasury Board of the Commonwealth of Virginia since 2005.
Friday, February 1, 2008
Magistrate reform survives committee challenge
A proposal for a sweeping reorganization of the magistrate system barely cleared the House Courts of Justice Committee today on a 12-10 vote.
“Good luck on the floor, Lacey,” committee Chairman David B. Albo, R-Fairfax, told the bill’s sponsor, Lacey E. Putney after the vote.
Putney, I-Bedford, is carrying HB 903 at the request of Chief Justice Leroy Rountree Hassell Sr., who has made reform of the system a priority. The bill is largely the work of a study group that included judges at all levels of the court system, three chief magistrates, two prosecutors, a public defender and a criminal defense attorney, a representative from the attorney general's office and several Supreme Court staff members.
Beth Turnbull, the chief magistrate in Norfolk and a member of the study group, said, “It will make us a more educated, a more professional and a more accountable system.”
The system would be based on regions rather than judicial districts, with seven regional managers reporting to a magistrate director in the Office of the Executive Secretary of the Supreme Court. The regional managers would supervise chief magistrates who would have authority over teams of 14 to 18 magistrates.
Now, chief circuit judges are responsible for hiring and supervising magistrates, and inconsistency over that process is a major reason for the proposed reforms. The goal is for all magistrates to have college degrees and for all chief magistrates to be lawyers. The higher education standards would be phased in over time and training and technology would be greatly enhanced.
Much of the magistrates’ work, especially in rural areas, would be by teleconference.
But several members of the committee said they see the proposal as a top-down bureaucratic solution that would make it much less likely that someone familiar with the community in which he lives will perform magistrate functions.
“Good luck on the floor, Lacey,” committee Chairman David B. Albo, R-Fairfax, told the bill’s sponsor, Lacey E. Putney after the vote.
Putney, I-Bedford, is carrying HB 903 at the request of Chief Justice Leroy Rountree Hassell Sr., who has made reform of the system a priority. The bill is largely the work of a study group that included judges at all levels of the court system, three chief magistrates, two prosecutors, a public defender and a criminal defense attorney, a representative from the attorney general's office and several Supreme Court staff members.
Beth Turnbull, the chief magistrate in Norfolk and a member of the study group, said, “It will make us a more educated, a more professional and a more accountable system.”
The system would be based on regions rather than judicial districts, with seven regional managers reporting to a magistrate director in the Office of the Executive Secretary of the Supreme Court. The regional managers would supervise chief magistrates who would have authority over teams of 14 to 18 magistrates.
Now, chief circuit judges are responsible for hiring and supervising magistrates, and inconsistency over that process is a major reason for the proposed reforms. The goal is for all magistrates to have college degrees and for all chief magistrates to be lawyers. The higher education standards would be phased in over time and training and technology would be greatly enhanced.
Much of the magistrates’ work, especially in rural areas, would be by teleconference.
But several members of the committee said they see the proposal as a top-down bureaucratic solution that would make it much less likely that someone familiar with the community in which he lives will perform magistrate functions.
Norfolk’s Tripp quits seat
Alfred M. Tripp, the Norfolk circuit judge who has not been on the bench since October, has resigned, according to his lawyer.
The reason?
Tripp's lawyer, Carl Eason, isn't talking, citing client confidentiality.
The Virginian-Pilot quotes one source as saying that Tripp had been barred from the courthouse.
The reason?
Again, no one is talking, at least for the record. It's worth noting that reporters for Virginia Lawyers Weekly ran into the same problem as our colleagues at The Pilot. Their first story back in October was somewhat opaque. There have been stories swirling, but nothing that we were willing to publish. Still.
The bottom line: The General Assembly potentially will select three, count 'em, three new circuit judges for Norfolk, one of the biggest circuits in the commonwealth:
* Tripp has resigned.
* Judge Jerome James is retiring.
* Judge Chuck Griffith, at least for now, doesn't look likely to get another term.
The reason?
Tripp's lawyer, Carl Eason, isn't talking, citing client confidentiality.
The Virginian-Pilot quotes one source as saying that Tripp had been barred from the courthouse.
The reason?
Again, no one is talking, at least for the record. It's worth noting that reporters for Virginia Lawyers Weekly ran into the same problem as our colleagues at The Pilot. Their first story back in October was somewhat opaque. There have been stories swirling, but nothing that we were willing to publish. Still.
The bottom line: The General Assembly potentially will select three, count 'em, three new circuit judges for Norfolk, one of the biggest circuits in the commonwealth:
* Tripp has resigned.
* Judge Jerome James is retiring.
* Judge Chuck Griffith, at least for now, doesn't look likely to get another term.
Benitez business at Henrico Bench-Bar
Handed down a year ago, the decision in Ford Motor Co. v. Benitez was one of the top legal news stories in 2007. In Benitez, the Supreme Court of Virginia upheld a $2,000 sanction against a defense attorney who, after discovery and a nonsuit in a products liability case, continued to press affirmative defenses with no basis in fact or law.
The case left a lot of lawyers feeling like they were going to be poised between a waiver and a sanction, fearful of forfeiting an unpleaded claim or defense on the one hand, but afraid of sanctions for doubtful claims or defenses, on the other.
The balancing act continues.
The Benitez case was topic number one yesterday at the circuit court session of the Henrico County Bar Association Bench-Bar Conference at the courthouse.
The Henrico County bench thinks there may be Benitez-based sanctions motions on the horizon.
“I haven’t had one yet, but I can see it coming,” said Judge Al Harris. Both Harris and Judge Catherine Hammond said the nonsuit in Benitez was significant, but they also pointed to the mandatory language in Virginia’s sanctions statute, Va. Code § 8.01-271.1.
“Once the motion comes before the court, if the moving party establishes the failure to have a factual basis or legal basis, the court doesn’t have any choice,” Hammond said.
“The Supreme Court is very clear, it’s a ‘shall’ situation,” Harris said.
Judges on the panel said possible sanctions scenarios could include a contributory negligence defense asserted against a passenger injured in a car crash (a la Benitez), or a plaintiff’s request for punitive damages in a contract case, or a request for attorney’s fees and costs in a tort suit.
“The Supreme Court is placing a great burden on counsel to plead and develop the case,” said Judge Burnett Miller.
Several judges agreed that if pleadings are limited, lawyers likely will have more latitude in discovery.
The general district court session dealt primarily with collections work and the need for lawyers to clean up their cases ahead of time in order to streamline presentations in court.
But one GDC judge couldn’t resist getting in a dig on civil remedial fees.
General District Court Judge Neil Steverson said it was “good to see the circuit court judges over here getting CLE hours, since we were the ones who said civil remedial fees were wrong, and now the General Assembly is agreeing.”
The case left a lot of lawyers feeling like they were going to be poised between a waiver and a sanction, fearful of forfeiting an unpleaded claim or defense on the one hand, but afraid of sanctions for doubtful claims or defenses, on the other.
The balancing act continues.
The Benitez case was topic number one yesterday at the circuit court session of the Henrico County Bar Association Bench-Bar Conference at the courthouse.
The Henrico County bench thinks there may be Benitez-based sanctions motions on the horizon.
“I haven’t had one yet, but I can see it coming,” said Judge Al Harris. Both Harris and Judge Catherine Hammond said the nonsuit in Benitez was significant, but they also pointed to the mandatory language in Virginia’s sanctions statute, Va. Code § 8.01-271.1.
“Once the motion comes before the court, if the moving party establishes the failure to have a factual basis or legal basis, the court doesn’t have any choice,” Hammond said.
“The Supreme Court is very clear, it’s a ‘shall’ situation,” Harris said.
Judges on the panel said possible sanctions scenarios could include a contributory negligence defense asserted against a passenger injured in a car crash (a la Benitez), or a plaintiff’s request for punitive damages in a contract case, or a request for attorney’s fees and costs in a tort suit.
“The Supreme Court is placing a great burden on counsel to plead and develop the case,” said Judge Burnett Miller.
Several judges agreed that if pleadings are limited, lawyers likely will have more latitude in discovery.
The general district court session dealt primarily with collections work and the need for lawyers to clean up their cases ahead of time in order to streamline presentations in court.
But one GDC judge couldn’t resist getting in a dig on civil remedial fees.
General District Court Judge Neil Steverson said it was “good to see the circuit court judges over here getting CLE hours, since we were the ones who said civil remedial fees were wrong, and now the General Assembly is agreeing.”
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