Court adds requirement back to adoption statute 
Published: March 11, 2010
The Virginia Court of Appeals has read back into the state’s adoption statute a phrase that the General Assembly eliminated in 2006.
The ruling last week in Todd v. Copeland (VLW 010-7-083) “undoes at least 15 years of statutory changes” pursued by the adoption bar, said Colleen Marea Quinn, an adoption specialist in Richmond.
Before the 2006 [...]
Standing ‘gag order’ dropped from final WD local rules
Published: March 10, 2010
The federal judges of the Western District of Virginia this month dropped a long-standing gag rule in adopting a set of local rules for the first time. The change brings new freedom for criminal lawyers who were previously barred from disclosing any details of their cases not available in public records.
When a set of proposed [...]
Appellate defender’s office faces the budget ax
Published: March 9, 2010
The executive director of the Indigent Defense Commission is proposing elimination of the four-attorney appellate defender office as a way of addressing the budget shortfall.
“They’ve done a really good job,” said David J. Johnson, the executive director, said of the office. “It’s a loss, no question about it.”
Johnson suggested that the office is to a [...]
Courts committees interview judge candidates, in case positions are funded
Published: March 9, 2010
The Senate and House Courts of Justice Committees interviewed nine candidates yesterday for eight possible judicial vacancies – possible because the House of Delegates’ version of the state budget puts a freeze on filling circuit and district court vacancies through June 2012.
The candidates for the vacancy created by the retirement of Ray W. Grubbs in [...]
Pretrial services prevail in fight with bail bondsmen
Published: March 9, 2010
Tags: General Assembly
The pitched battle between bail bondsmen and advocates of pretrial services ended last week with the advocates taking the field.
Last Monday, the Senate Courts of Justice Committee voted to pass by for the week House Bill 728, which would have barred magistrates and judges from placing defendants under supervision by pretrial services when their income [...]
General Assembly elects Mims
Published: March 9, 2010
Tags: Judicial Selection
UPDATE: The General Assembly formally elected William C. Mims to the Supreme Court of Virginia, effective April 1.
Mims will become only the second person to serve as a Virginia legislator, an attorney general and a member of the Supreme Court.
Any doubts that he will replace Justice Barbara M. Keenan, who was confirmed last week as [...]
‘Influential Women of Virginia’ for 2010 named
Published: March 8, 2010
Tags: Influential Women of Virginia
Virginia Lawyers Media, publishers of Virginia Lawyers Weekly and the Virginia Medical Law Report, has announced the Class of 2010 of “Influential Women of Virginia.”
This awards program, started last year, recognizes the outstanding efforts of women in the commonwealth in all fields, including law, business, health care, education and the arts. The honors are [...]
Supplier’s secret agreement tanks Miller Act claim
Published: March 8, 2010
Tags: Judge Allyson K. Duncan
A materialman forfeited his Miller Act claim on a performance bond when he struck a side bargain with a subcontractor who was not paying the materialman.
The materialman, who supplied HVAC parts on a government contract to expand a Chesapeake Coast Guard station, agreed not once, but twice, not to tell the general contractor about the [...]
4th Circuit vacates business tort award against computer security exec
Published: March 8, 2010
Tags: Tort
The 4th Circuit has reversed a $323,957 judgment against the president of a computer security company for abuse of process and intentional interference with business expectancy.
Worldwide Investigations & Research Inc and BNX Systems are both corporations that provide computer security solutions to businesses. While working together on an agreement to sell Citibank certain technologies, Worldwide [...]
‘Frivolous’ suit brings state bar discipline
Published: March 8, 2010
Tags: Justice Leroy Rountree Hassell Sr., Lawyer Discipline, Medical Malpractice
The Supreme Court of Virginia has upheld Virginia State Bar discipline against a lawyer for filing a “frivolous” lawsuit.
Use of the VSB disciplinary rules to punish a lawyer for frivolous pleadings is uncommon; more often, an attorney will be defending a sanctions motion. Here, a lawyer sued a doctor without making sure the physician was [...]
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