Assembly delays election of judges until late April 
By Alan Cooper
Published: April 18, 2011
Tags: General Assembly, Judge D. Arthur Kelsey, Judgeships, Supreme Court of Virginia News, Virginia Court of Appeals News
The state appears unlikely to get any new judges elected before April 25 at the earliest, although the General Assembly moved closer to filling two vacancies on the Supreme Court of Virginia. The Republican caucus in the House of Delegates has selected Virginia Court of Appeals Judges D. Arthur Kelsey and Elizabeth A. McClanahan as [...]
Assembly finally set to decide judgeships
By Alan Cooper
Published: April 11, 2011
Tags: General Assembly, Judgeships, Supreme Court of Virginia News, Virginia Court of Appeals News
The horse trading has begun. Legislators wrapped up judicial interviews last week, and starting today, they’re ready to name names for open judgeships in Virginia. The House Republican caucus will meet to elect two justices to the Supreme Court of Virginia. If any members of the Court of Appeals get a promotion, there could be [...]
Watch out for ‘jerk’ reputation, judge says
By Alan Cooper
Published: March 31, 2011
Tags: Judge Robert P. Frank, Practice Tips, Virginia Court of Appeals News
The advice for effective advocacy before the Virginia Court of Appeals ranged from the very general – Don’t be a jerk – to the very specific – Get your citations right. Rudeness to the court’s staff and personal attacks on the trial court or opposing counsel may earn a lawyer a reputation as a jerk, [...]
The Domino Effect?
By Alan Cooper
Published: March 28, 2011
Tags: General Assembly, Judgeships, Supreme Court of Virginia News, Virginia Court of Appeals News
The field for two seats on the Supreme Court of Virginia has swelled to 19 candidates. Five judges on the Court of Appeals – almost half the court – are seeking a promotion. And potential justices include five circuit judges, appellate specialists, prominent plaintiff’s and defense lawyers and a former Attorney General. If the Assembly [...]
Recusal can be a touchy moment for a lawyer
By Alan Cooper
Published: February 28, 2011
Tags: Colonial Heights Circuit Court, Fairfax County Circuit Court, General District Courts, Henrico County Circuit Court, Judge Jane Marum Roush, Judge Lee A. Harris Jr., Judge Timothy J. Hauler, Judge William N. Alexander II, Justice Elizabeth B. Lacy, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Virginia Court of Appeals News
It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn. As it turns out, judges are much more likely [...]
Hernandez prompts separate interview sessions for high court
By Alan Cooper
Published: February 10, 2011
Tags: General Assembly, Judge D. Arthur Kelsey, Judge Joseph W. Milam Jr., Judge Michael S. Irvine, Judge Pamela S. Baskervill, Judge Randolph A. Beales, Judge Robert J. Humphreys, Judgeships, Supreme Court of Virginia News, Virginia Court of Appeals News
A legislative session to interview candidates for a vacancy on the Supreme Court of Virginia split – literally – over the court’s recent decision in Hernandez v. Commonwealth. That case held that judges can defer entering judgment in criminal cases and dismiss a charge later if a defendant complies with conditions set by the courts. [...]
Custody evaluations: Does court-appointed expert get the last word?
By Deborah Elkins
Published: January 31, 2011
Tags: Domestic Relations, Henrico County Circuit Court, Virginia Court of Appeals News
When a lawyer in a custody case gets an “absolutely killing” report from a court-appointed evaluator, there are two options. First, you can “surrender,” family law practitioner Michael S. Ewing said at the Henrico County Bar Association’s Bench-Bar program on Jan. 26. And that’s “often the best option,” he said. But you don’t have to [...]
All incumbent judges certified
By Alan Cooper
Published: January 13, 2011
Tags: General Assembly, Judge D. Arthur Kelsey, Judgeships, Justice Lawrence L. Koontz Jr., Virginia Court of Appeals News
The House and Senate Courts of Justice Committees certified 58 incumbent judges yesterday as qualified for reappointment. The list includes Virginia Court of Appeals judges D. Arthur Kelsey and Elizabeth A. McClanahan, both candidates for the Supreme Court vacancy that will open up when Justice Lawrence L. Koontz Jr. retires later this year. No judge [...]
‘Deferred judgment’ practice on hold
By Peter Vieth
Published: December 20, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge James W. Haley Jr., Judge Jan L. Brodie, Supreme Court of Virginia News, Virginia Court of Appeals News
Getting a court to defer judgment may be the best a lawyer can do for a particular criminal client. But in some kinds of cases, that option has been in limbo for the last few years. Lawyers are watching closely to see if the Supreme Court of Virginia will rule on the subject at the [...]
Appeals court has a surprise requirement: ‘bookmarked’ digital briefs must be filed
By Alan Cooper
Published: November 23, 2010
Tags: Practice Tips, Technology, Virginia Court of Appeals News
Say what? That’s what you might hear from a criminal defense lawyer who reads the Virginia Court of Appeals order granting his appeal, or the domestic relations lawyer who reads the appellate court’s acknowledgement that it has received the case record. These court documents tell the attorneys they now must file a “Digital Brief Package,” [...]
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