The Virginian-Pilot
©
RICHMOND
When people accused of crimes are in court, our legal system allows them to offer a vigorous defense that includes the presentation of evidence.
Supporters of a Virginia Beach judge whose reappointment is in jeopardy this year want to change the law so that judges accused of wrongdoing would be entitled to the same opportunity.
They say Beach Juvenile and Domestic Relations District Court Judge Ramona D. Taylor was denied the chance to fully defend herself prior to being censured in 2009 by the Virginia Supreme Court. Justices found that Taylor breached ethical standards in 2007 when she intentionally thwarted a 15-year-old boy from appealing her decision to detain him.
Due to that outcome, her tenure on the bench may end later this year if General Assembly members don't re-elect her to another six-year term. She has been a judge since May 2000.
Taylor wasn't invited for a judicial interview with some House of Delegates lawmakers last month, a sign that her re-election prospects are bleak. And a legislative official said Taylor hasn't been invited to Senate judicial interviews scheduled for today, either.
Those who think she should keep her job plan to hold a rally at the Beach courthouse this afternoon even as a lawyer who represented her in the disciplinary process lobbies for a law change to make it clear judges can present evidence and arguments in their defense.
Clarifying that aspect of the law is a fairness issue, argues Kevin Martingayle, a Beach attorney who represented Taylor. He said the current system effectively puts "duct tape" over judges' mouths.
"As far as I know, no other licensed professional in Virginia is subject to a disciplinary process where there is no opportunity to present live testimony and evidence in the trial," Martingayle wrote in an email. "Lawyers, doctors, nurses, real estate sales persons, building contractors... all have rights that currently are denied to judges."
Legislation filed by state Sen. Creigh Deeds, D-Bath County, would specify that judges can put on a defense against complaints by the state Judicial Inquiry and Review Commission heard by the Virginia Supreme Court.
Deeds carried a similar bill last year that didn't advance out of committee. The Supreme Court hasn't taken a position on this year's legislation.
Taylor's current troubles stem from a May 2007 hearing in which she found a teen guilty of misdemeanor assault after he harmed a younger student in a fight at a school bus stop. She ordered the boy held until a sentencing hearing a few weeks later, a decision she didn't believe was appealable at the time.
The Circuit Court later ordered the teen released after he had spent nine days in custody.
That incident resulted in a complaint against Taylor that went to the Supreme Court, where she was censured on a 5-2 decision. Two previous Judicial Inquiry and Review Commission inquiries involving Taylor were dismissed.
As a judge, Taylor says, she takes physical assault cases seriously.
But in hindsight, she says, she is "remorseful" for her mistaken legal interpretation. Taylor insists she had no ill intent, and she hasn't given up the fight to keep her job and clear her name.
"My reputation is all I have," she said.
Pilot writer Kathy Adams contributed to this report.
Julian Walker, 804-697-1564, julian.walker@pilotonline.com
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Supreme Court of
Virginia opinion on Judge Taylor - http://www.courts.state.va.us/opinions/opnscvwp/1090845.pdf
Stipulated Facts Counter Rumor She Told Clerk To Block Appeal
In this case, A juvenile delinquent violently attacked another child. Victim required medical care. After full trial, Judge Taylor detained assailant pending social history & final disposition. His attorney requested release pending disposition. She denied request. He threatened to appeal.
Code provides "final orders" are appealable. She did not believe pre-dispositional orders were. She e-mailed other VBJDRC judges. None of them expressed disagreement with her. She told attorney she did not believe he had appealable issue and noted it in order. She was wrong.
The case was later used in training for all judges. The supreme court did not find her unfit. If she was unfit, the court wouldn't wait on elected politicians to remove her.
Dear Anonymous
You obviously lack the facts in this case. The other child who was involved in the fight was not violently attacked as you stated. His parents took him to a doctor where he was seen and released without so much as a band aid or aspirin. These facts are in the record (Writ of Mandamus) that was filed with the JIRC so please take the time to actually read the facts. Once again, she was not censured because of her "misinterpretation" of the "vague" law in question. It is what she did after her ruling that earned her the censure. The V.S.C. found her testimony to be "disingenuous" and not founded by proof through the records. Her earned censure(not political removal)has in fact ended her career. April 15th will be her last day as a judge!
to all supporters
She was not censured because she made an error in her interpretation of a law she felt was unclear. Judges make errors and that was recognized at all levels throughout this laborious process. It was what she did after that error that she earned her censure. She specifically told the clerk serving "at her mercy" not to allow for the appeal process by refusing to process the appropriate paperwork. It is my understanding that she in fact went out of her way to keep this appeal process from occurring and "thwarted" the 15 year old boy's right to appeal. here is so much to this case the public does not know so I can understand her supporters misjudgment of character. I have seen her in action! I am, however, one very happy mom and glad we pursued!
Judge
This TWO-BIT Judge needs to being time in a Virginia Prison. She has no right being on the bench.
Should have been removed years ago
She doesn't listen to the evidence presented in her courtroom so why should the COJ listen to her lies.
She already presented her case to the JIRC. The JIRC (which is a bunch of other judges) ignores 99% of the legitimate complaints against VA judges so there must have been merit against her.
Like dafire said, VA judges are chosen based on political patronage, not ability. Only 2 states (VA & SC) let the legislature choose it's judges. There is no real oversight or accountability. Taylor probably stepped on the wrong toes, but she still is a bad judge.
VA has many bad judges that need to be removed (vacriminaljustice.webs.com). Taylor is a good place to start.
Remorseful?
Judge Taylor claims she is remorseful. No she's not, she's just finally being held accountable for her reckless actions. She denied me due process in my proceedings with her and it continues to affect my life 4 years later. I considered taking action against her with the state judicial committee, but decided I had wasted too much of my life dealing with this malcontent already. Being on the bench was nothing more than the ultimate power trip for this woman. She has some serious anger management problems as well. There is no judge currently serving who is less deserving of a judgeship than Taylor.
agree, not remorseful at all
She was not remorseful for the turmoil, hardship and expense she caused the young man and his family. She has not apologized privately or publically for what she did. She was specific to claim remorse for her "misunderstanding of the law." She was the "head" judge of JDR at the time so if she does not understand the law, who should? This entire remorse plea is just a way to save face and a last ditch effort to get an interview for possible reappointment. The media did not attend the “rally” and maybe 35 of her supporters attended. I think this lack of support speaks volume!
Falling out of Political favor
Judge Taylor's Judicial appointment has nothing to do with her competence as a Judge. She is just as competent as any of her fellow JDR Court Judges. Her problem is that she may have lost favor with the local political bosses. Her appointment in 2000 was a result of politics,not competence. Her likely failure to get reappointed in 2012 will be the result of politics,not competence. Citizens need to stop thinking that Judges in VA are selected based on merit or competence because that is not the case. Judges are appointed by referral from the local delegates who have the power to "push" their chosen appointee through the process. There are Judges who lack the proper experience, knowledge, temperament for the job,but remain b/c of politics.
Probably, in most cases...
..bot not this one. 5 Supreme Court Judges felt what she did was foul enough for her to be censured publicly. Read everything & you will agree. She was wrong - she was beyond wrong. Deny appeal and then block all attempts to appeal. You had better hope this never happens to you or anyone in your family.