Judicial evaluation program gets new leadership

By Deborah Elkins
Published: May 19, 2008

WILLIAMSBURG—There will be some new faces in the Judicial Performance Evaluation Program, as two of the people who helped launch the program turn the reins over to new leadership.

Justice Lawrence L. Koontz Jr., of the Supreme Court of Virginia, is assuming the duties of Justice Barbara Milano Keenan, who chaired the Supreme Court task force that developed the JPE program starting in 2001 and then continued to oversee roll-out of the program in 2005.

Ellen Marie Hess, a former corporate and government lawyer, has taken over from retiring Judge Suzanne K. Fulton as coordinator of the program, to watch over the day-to-day operations.

Virginia Chief Justice Leroy Hassell Sr. made the announcements during his 2008 State of the Judiciary message to Virginia’s circuit court judges in Williamsburg May 13.

“Like Justice Keenan, Justice Koontz has served at every level of the Virginia judicial system,” J&DR, circuit court, Court of Appeals and Supreme Court, Hassell said.

Hassell had high praise for Keenan as she reaches the end of her term as chair of the JPE commission, and Ke-enan, in turn, lauded Fulton’s contributions as coordinator of the program.

Established by the General Assembly in 2005, the JPE program is designed to provide a self-improvement tool for judges and confidential information for use by the General Assembly during the judicial re-appointment process. Thus far, 139 judges have been evaluated with this “important assessment tool,” Hassell said.

The program uses written surveys submitted by lawyers, and later, jurors and local agency personnel, who appear before a particular judge. Judges are evaluated at three points during their careers: at the end of the first year on the bench, at mid-term and during the final year prior to expiration of the judicial term. The evaluations are intended to be confidential for all participants.

This fall, the General Assembly will have judicial performance survey data for the seven judges up for reelection in the 2009 legislative session.

The new coordinator of the JPE program, Hess, is a graduate of the University of Richmond T.C. Williams School of Law and the daughter-in-law of a retired juvenile and domestic relations judge, according to Keenan. Hess has worked in a corporate setting for Heilig-Meyers and most recently served as the Director of Labor & Employment Law for the commonwealth, where she won numerous awards for creativity and efficiency.

Hassell said it “was no secret” the difficulty the General Assembly has had electing judges this year. Court of Appeals Judge Robert Humphreys, a “casualty of legislative disagreement,” who missed six days of service, stood to a round of sympathetic applause. Several vacancies remain and the Supreme Court has been “tireless in its efforts to resolve this impasse,” Hassell said.
“We are still confident our system is better than the states where judges are popularly elected,” the chief said.

In other remarks, Hassell touted the reform of the magistrate system, with $8 million from the General Assembly, as “the most significant structural change” in the Virginia justice system in 34 years. As of July 1, Virginia magistrates, who issue warrants, will be under the supervision of the Office of the Executive Secretary of the Supreme Court. Retired Virginia Beach Circuit Judge Thomas S. Shadrick is chair of the magistrate reform commission.

Hassell also announced he will appoint a committee to oversee implementation of an electronic case filing system pilot program in the next 18 months, with special attention to how to integrate into the current statewide system the three jurisdictions that have developed their own online case management systems: Fairfax, Alexandria and Prince William.

Keenan will turn her efforts to a new initiative from the chief justice. Hassell plans to explore development of a “Judges Helping Judges” program, similar to the voluntary Lawyers Helping Lawyers program for practitioners with substance abuse problems.

“From time to time, we tend to forget we are fallible and human, and sometimes face overwhelming personal tragedy. Sometimes [judges] need help and are reluctant to seek help because of their stature in the community,” Hassell said. A confidential program can see that judges have the support they need.

Virginia Lawyers Weekly

Judicial evaluation program gets new leadership

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