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Entries from February 2012

Senate plan would cut into revenue from local traffic fines

February 29th, 2012 · Comments Off · Local government, Traffic Law

Local governments are fighting back against a Senate plan for the state to take a cut of local traffic fines. It’s an issue with immediate implications for communities that depend heavily on money from traffic tickets. Other localities say it could start a worrisome trend. The Senate Finance committee approved a measure that would capture [...]

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Appeals court upholds punitives against landlord

February 29th, 2012 · Comments Off · 4th Circuit, Civil Cases

Yesterday a federal appeals court upheld a $100,000 punitive damage award for a tenant in an Arlington high-rise whose lease was not renewed because of her persistent complaints about her allergies to smoke, mold and paint fumes. Plaintiffs Linda and Domenic Matarese sued Smith Property Holdings, the owner of Archstone Pentagon City in Arlington, management [...]

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‘Seen’ and obscene: High court reviews husband’s emails

February 29th, 2012 · Comments Off · Uncategorized

Potter Stewart famously remarked about obscenity, “I know it when I see it.” The justices of the Supreme Court of Virginia, however, were conspicuously quiet today when they had the chance to explore the definition of “obscene.” In Barson v. Commonwealth, No. 111406, only Justice William C. Mims and Senior Justice Charles S. Russell engaged [...]

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Virginia Bar admonishes former Bush Justice official

February 28th, 2012 · Comments Off · Discipline

Another former official in the Bush administration Justice Department has accepted a public reprimand from the Virginia State Bar for attempting to cover up political favoritism in the hiring and firing of staff attorneys. On Feb. 11, a VSB Fourth District-Section II Subcommittee admonished John A. Nowacki for violating a professional rule governing conduct involving [...]

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Prosecutor moves to delay case against suicidal veteran

February 27th, 2012 · Comments Off · Criminal Cases, Veterans Affairs

Federal authorities may have a reached an understanding about how to resolve the case of a Navy veteran facing four firearms charges after calling for help on a suicide prevention line. The U.S. Attorney’s office has moved to postpone the trial of Sean Duvall for six months, indicating the delay has the agreement of Duvall’s [...]

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High court reverses lawyer discipline

February 24th, 2012 · Comments Off · Discipline, Virginia State Bar

The Supreme Court of Virginia has reversed a public admonition for a prosecutor who talked to a defendant without his lawyer. The defendant was involved in two separate cases and the high court said the disciplinary charge did not adequately inform the lawyer which matter was at issue. The Virginia State Bar charged Caroline County [...]

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Hispanic bar rates two highly qualified for Court of Appeals

February 22nd, 2012 · Comments Off · Virginia Court of Appeals

The Hispanic Bar of the Commonwealth of Virginia has rated candidates for the expected vacancy on the Court of Appeals of Virginia, according to member David Bernhard of Falls Church: HIGHLY RECOMMENDED: Roanoke lawyer Monica T. Monday Fairfax County Circuit Judge Lorraine Nordlund RECOMMENDED: Tazewell County Circuit Judge Teresa Marlene Chafin Virginia Secretary of Natural [...]

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Newport News lawyer gets three-month suspension

February 22nd, 2012 · Comments Off · Discipline, Virginia State Bar

A Newport News attorney has been suspended for three months after allegedly failing to keep in touch with his clients in a family financial dispute. The complaint against Richard S. Gordon arose from a 2008 case in Hampton in which two brothers hired Gordon to represent them against a third brother in a dispute over [...]

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House, Senate have different judicial defrosting plans

February 19th, 2012 · Comments Off · JUDGESHIPS, STATE BUDGET

House budget planners appear willing to turn up the heat a bit more than their Senate counterparts when it comes to unfreezing Virginia trial court judgeships. A House Appropriations subcommittee recommends filling 33 judgeships that would otherwise be left unfilled. The House plan would fill approximately two-thirds of the now-frozen judgeships, according to the panel’s [...]

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VSB panel recommends seven for Court of Appeals

February 17th, 2012 · Comments Off · Virginia Court of Appeals, Virginia State Bar

The Virginia State Bar’s Judicial Nominations Committee has found six candidates highly qualified for the expected vacancy this year on the Court of Appeals of Virginia. One other candidate was found “qualified.” The panel votes first on whether a candidate is “qualified.” A second round of votes is then taken on whether candidates will be [...]

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