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House budget cuts 19 judgeships

Posted to: News State Government Virginia

RICHMOND

The wheels of justice could be slowed in some of Virginia's busiest courtrooms if budget writers in the House of Delegates have their way.

The budget proposal approved by the House last week eliminates funding for 19 vacant judgeships around the state, including two in Virginia Beach and one in Suffolk. Any additional judgeships that become vacant over the next two-year budget cycle would also lose funding under the House plan.

The Senate budget keeps the positions funded. It's one of many points of contention that must be worked out over the next 10 days by a panel of senior House and Senate budget conferees.

Del. Chris Jones, R-Suffolk, one of the conferees, said the reason for cutting the judicial positions is simple: "We were looking for money."

With Gov. Bob McDonnell and the Republican-controlled House having ruled out any tax increases, the budget has been slashed by more than $4 billion. De-funding the vacant judgeships will save an estimated $11 million over the next two years, Jones said.

The House action has put the General Assembly's normal judicial selection process on hold until budget negotiations are completed. If the House prevails, a partisan squabble over filling a vacant judgeship in Virginia Beach will become a moot point.

One of the judgeships in limbo is the position of retired Beach Circuit Judge A. Joseph Canada Jr., for which two competing candidates have emerged.

Virginia Beach attorney Glen Huff is the candidate of the circuit's Republican-dominated House delegation. Beach General District Judge Gene A. Woolard is preferred by the Senate delegation, where Democrats hold sway.

Del. Sal Iaquinto, R-Virginia Beach, who is managing Huff's candidacy, said he suspects the de-funded judgeships are a bargaining chip that the House conferees might be willing to give up in their horse-trading with the Senate.

Sen. Ralph Northam, D-Norfolk, Woolard's patron, refused to speculate on what will happen.

"That's above my pay grade," he said. "When you start talking about the budget, everybody gets pretty tight-lipped around here."

Some of the vacancies are in some of the busiest courtrooms in Virginia - for instance, a district court in Fairfax County, the state's most populous locality.

The other South Hampton Roads judgeships in limbo are the positions of retired Virginia Beach General District Judge Virginia L. Cochran and Circuit Judge Westbrook J. Parker, who will retire June 30 from a circuit that includes Suffolk, Isle of Wight County and Southampton County.

Local prosecutors had differing views of the potential impact if the judgeships are left vacant.

Virginia Beach Commonwealth's Attorney Harvey Bryant said the resort city, which has 22 judges, probably will be able to weather the loss of two judges without major disruption.

But in Suffolk, where there are only three circuit judges, Commonwealth's Attorney Phil Ferguson was less optimistic.

"Two judges can't do the work we have in this circuit. There's no way," Ferguson said. "When you lose a third of your judicial strength, that's a major problem."

Bill Sizemore, (804) 697-1560, bill.sizemore@pilotonline.com

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ADR & Cap Lawyer Fees

ADR is helpful, but cap lawyer fees maybe. Much of a Circuit Court Judges duties are adminstrating tort claims. These suits cost the average American $2,200/year in frivolous lawsuits. Maybe capping the fees and possibly other reforms like "loser pays" might take the pressure off courts. Another thought is that a good portion of a Circuit Court's docket are appeals from the General District Courts when General District Court judges rule by beliefs and not the law. Majority of General District Court rulings are dismissed or sentences are reduced in Circuit Court due to faulty rulings at the General District level. Maybe a house cleaning of agenda driven judges would help. Good can come out of this if we strike at the opportunity of dealing with the overburdened system.

hey try ADR

Alternate Dispute Resolution. There are OPTIONS to cutting the Civil court load. Let's face it we live in a litigation happy society. It costs EVERYONE money , whether you have been through the system or not.

I don't think they are planning on cutting Criminal Judges caseloads. But more towards the Civil cases. Let's be realistic folks. There is plenty of fat in the Judicial budgets too.

Another suggestion , get rid of that stupid Judicial Review Committee. Can't imagine how much THAT would save.

ADR

I would agree, but ADR verdicts can not be appealed... It would serve as a quicker and cheaper model of serving civil justice, but what REASONABLE recourse would one have if justice is erroneously delivered (which does happen)? That's the reason why big corporations use ADR (and often win because of it)...

http://www.sec.gov/answers/arbproc.htm <-------- (un)reasonable recourse contained therein...

How many criminals

will be released untried because of this? I mean,we do have the right to a speedy trial. Can you imagine Defense lawyers not asking for delays and prosecutors asking for them? So much for the law and order GOP. We do have enough money to fund McDonnell's pie in the sky jobs stuff though, don't we.

Prisoners

Hopefully our situation won't become as dire as that of Ca... if so, we may have vigilante justice on our hands...

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