Some subcommittee members had doubts on Monday, and the subcommittee retooled the measure to firm up legislative control of the process for changing the rules over time before reporting it to the full committee.

“I’m trying to buy a car here, but you’ve got to come down on the price,” Del. Dave Albo, R-Fairfax, told the bill’s supporters on Feb. 6.

With 48 hours to kick the tires, the evidence subcommittee moved the bill forward.

At the Feb. 8 subcommittee meeting, patron Manoli Loupassi, R-Richmond, offered an amendment in the nature of a substitute that incorporated the subcommittee’s earlier changes to House Bill 101. The substitute bill leaves in place in the Virginia Code the statutes previously enumerated as being repealed, and provides for a six-month delay before changes to evidence rules take effect.
–Deborah Elkins

The Virginia Senate passed Senate Bill 94 on a 37-3 vote.

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The award was presented on Feb. 3 during the section’s 42nd Annual Criminal Law Seminar in Williamsburg.

The award is named for the former Virginia Supreme Court chief justice who promoted the ideals of professionalism during his 42 years on the state’s highest court. Petersburg General District Judge Lucretia A. Carrico, daughter of the former chief justice, presented the award on behalf of her father.

In addition to heading the Public Defender’s office, Douglas is an adjunct professor of law at the American University law school, is a past chair of the Criminal Law Section, and a member of numerous task forces on criminal law. Douglas was recognized as a Leader in the Law by Virginia Lawyers Weekly in 2010.

Douglas is also recognized by her colleagues as dedicated mentor and teacher.

“Melinda’s singular and unique contribution to the commonwealth is that by paying attention to each individual attorney, intern, and client that passes through her office, she has improved the system of criminal justice in the Commonwealth of Virginia,” according to a group letter signed by federal defenders Kenneth P. Troccoli, Mary E. Maguire, and Richard C. Goemann.

House Bill 750, sponsored by Del. Ben Cline, R-Amherst, would bar deferred disposition in any case where the facts would justify a finding of guilt unless the prosecutor agrees.

Cline explained the bill was helped by state budget experts who said the measure could save the state $6 million a year court services to monitor the defendants. Budget officials reported at least 1,337 defendants had their cases deferred in the last fiscal year, Cline said.

A substitute version of Cline’s original bill includes the exception for cases where the prosecutor, defendant and judge all agree on deferred disposition. A measure that would have set a 60-day deadline for judges to rule on guilt in all cases was eliminated.
By Peter Vieth

U.S. District Judge Michael F. Urbanski held Friday that none of the arguments in favor of the county board’s prayer policy “has any merit.”

Concluding that a citizen who challenged the prayers was likely to succeed on the merits of her constitutional claim, Urbanski forbade the board from continuing “its present practice of routinely opening its meetings with Christian prayers.”

“By offering only Christian prayers, the Board has not attempted to create a public forum in which all are welcome to express their faiths. Rather, by praying to only one deity, the Board impermissibly wraps the power and prestige of the Pittsylvania County government around the personal religious beliefs of individual Board members. Plainly, the practice is government endorsement of religion,” Urbanski wrote.

Under prevailing law, Urbanski said, it made no difference that board members offer prayers before the gavel falls to start the board’s official agenda.

Urbanski handed down three opinions in the case Friday. The first denied the request of the plaintiff to remain anonymous in the suit.  The second denied the supervisors’ motion to dismiss the challenge to their prayer policy. The third ordered the board to stop routine Christian prayers.

By Peter Vieth

A Newport News U.S. District Court said the carpenter was “using” the van, but the 4th U.S. Circuit Court of Appeals reversed that decision in State Farm Mut. Auto. Ins. Co. v. Va. Farm Bureau Mut. Ins. Co. on Feb. 2.

State and federal trial courts sometimes puzzle over what amount to “use” of a vehicle for policy coverage.

Investigative reports agreed the fire originated in the back of the van. None of the reports said the van itself caused the fire. The van had been parked on the homeowner’s property for about one month before the fire and was parked and locked at the time of the fire.

Carpenter John Robins first sought coverage under his CGL policy issued by Nationwide, but Nationwide denied liability under a policy exclusion. Under Robins’ State Farm business auto policy, the property damage – not the accident that caused the property damage – had to result from the ownership, maintenance, or use of the box van.

The appellate panel reversed the summary judgment ruling that the property damage arose from use of the van in an unpublished per curiam opinion.

It’s well settled, the panel said, that Virginia law requires “a causal relationship between the accident and employment of the insured motor vehicle as a vehicle.” The carpenter did indeed drive the vehicle to the job site.

At the time of the fire, however, “the van was not being used in any way commonly associated with the function of a vehicle,” but was being used as a “storage compartment or tool shed.” Even if the insurer knew the van had a specially-built cargo section, the carrier’s nevertheless was liable only for damage arising from the van’s use as a vehicle.
–Deborah Elkins

Augusta County Circuit Judge Victor V. Ludwig and and Deputy Secretary of Natural Resources Maureen Matsen are the new applicants for the vacancy to be created by the retirement of Judge James Haley.

The full list of contenders is below:

• Ludwig
• Matsen
• Tazewell County Circuit Judge Teresa M. Chafin
• Collin Hite, a commercial litigator at the Richmond office of McGuireWoods LLP
• Monica Monday, a Roanoke lawyer who specializes in appellate practice
• Fairfax Circuit Judge Lorraine Nordlund.
• Larry Shelton, the federal public defender in the Western District
• Patricia Palmer Nagel, a solo practitioner in Williamsburg
• Montgomery County Circuit Judge Josiah T. Showalter Jr.

The bill could face an uphill battle on the House side of the General Assembly, however. The civil subcommittee of the House Courts committee already has killed two proposals to increase the mandatory judicial retirement age.

The bill that cleared the Senate is Senate Bill 95, sponsored by Sen. John Edwards, D-Roanoke.

House Bill 163 (allowing judges to serve until age 73) died on a four-to-four tie vote in the House subcommittee. House Bill 1097 (mandatory retirement at age 72) failed on a voice vote in the same panel.

The Judicial Council of Virginia, made up of judges, legislators and lawyers, has recommended increasing the judge retirement ceiling to age 73. The council’s report to the General Assembly was delivered Jan. 23.

Meanwhile, the Senate Rules committee is considering a proposal to refer the issue to the State Crime Commission for study.

Senate Joint Resolution 69, offered by Sen. Jeffrey L. McWaters, R-Virginia Beach, would direct the Crime Commission to report to the 2013 Assembly on the expected financial impact of raising the mandatory retirement age and its predicted effect on the service provided by judges. The proposed resolution recites that a number of states are considering changes in judicial retirement and that raising the retirement age could save money in the retirement trust fund.

A report accompanying the Edwards bill estimates Virginia could save $1.242 million in retirement benefits costs by raising the judicial retirement age to 73.

A bill to help judges facing ethics charges foundered on the  Senate side. The Senate Courts committee shot down a proposal to allow introduction of evidence at Supreme Court judicial discipline hearings. Senate Bill 360 died on a vote of nine-to-six.

By Peter Vieth

There are two new names to add to the list of interested individuals:

* Patricia Palmer Nagel, a solo practitioner in Williamsburg.
* Montgomery County Circuit Judge Josiah T. Showalter Jr.

There are five other previously reported possible candidates:
* Tazewell County Circuit Judge Teresa Chafin.
* Collin Hite of Richmond.
* Monica Taylor Monday of Roanoke
* Fairfax Circuit Judge Lorraine Nordlund.
* Larry Shelton, the federal public defender in Roanoke.

- Paul Fletcher

A just released official opinion from the AG suggests localities will not have to compensate property owners who claim a nearby public facility is a nuisance or businesses where customers have to make a u-turn to park.

If a locality wants to encourage high rise development in aging suburbs, the community would still be able to condemn land for roads and utilities to support the plan, Cuccinelli says.

Cuccinelli also says short-term street closings for festivals and parades would not be grounds for having to compensate local merchants.

The opinion was requested by Del. Jackson Miller, R-Manassas, who supports the proposed eminent domain amendment.

In the 12-page opinion, Cuccinelli makes his case for revising the state constitution to make property ownership a “fundamental” right. His statements regarding specific scenarios seem calculated to allay fears raised by local governments, some of whom are spending to lobby against the eminent domain amendment.

By Peter Vieth