Judicial Inquiry and Review Commission
COMPLAINT
To:
Judicial Inquiry and Review Commission
Post Office Box 367
Richmond, Virginia 23218-0367
Name of Judge: Michael P. McWeeny
Location of Court: Fairfax County Circuit Court
Fairfax Virginia
Dates of Incident: February 26, 1991-Present
Docket No. of Case (If known): Chancery No. 111077
Name and telephone number of witnesses:
Mike Bellovin
Attorney Kathleen O’Brien
Judge Rosemarie P. Annunziata
Judge Martin Langhorn Keith
Statement of Facts:
1. My attached sworn statement and exhibits provides evidence of my complaint against Judge
Michael P. McWeeny. I will provide additional evidence at the hearing.
2. Judge McWeeny violated Canon 1 of the Canons of Judicial Conduct for the Commonwealth
of Virginia in that he:
a. failed to uphold the integrity and independence of the judiciary
b. failed to maintain and enforce standards of conduct for fellow judges, and officers of the
court.
c. failed to observe minimal standards so that the integrity and independence of the
judiciary would be preserved.
d. failed to construe and apply the provisions of the Canons of Judicial Conduct to further
their objectives.
e. reduced the public confidence in the integrity and independence of judges and the
deference of the public to the judgments and rulings of courts and injured the system of
government under law.
f. acted based on favor.
g. failed to comply with the law
h. failed to interpret and apply the laws that govern us.
i. failed to respect and honor the judicial office as a public trust.
j. failed to enhance and maintain confidence in our legal system.
k. failed to be an arbiter of facts and law for the resolution of disputes.
l. failed to meet even minimal standards for ethical conduct of judges.
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Judge McWeeny violated Canon 2 of the Canons of Judicial Conduct for the
Commonwealth
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3.in that he failed to respect and comply with the law and failed to act at all times in a manner
that promotes public confidence in the integrity and impartiality of the judiciary.
4. Judge McWeeny violated Canon 3, of the Canons of Judicial Conduct for the Commonwealth
of Virginia by failing to perform the duties of his judicial office impartially and diligently.
5. Judge McWeeny violated Canon 3, Section 3B(2) in that he failed to be faithful to the law
and maintain professional competence in it.
6. Judge McWeeny violated Canon 3, Section 3B(3) in that he failed to require order, decorum,
and civility in proceedings before him.
7. Judge McWeeny violated Canon 3, Section 3B(4) in that he failed to be patient, dignified and
courteous to litigants, jurors, witnesses, lawyers and others with whom he deals in an official
capacity, and failed to require similar conduct of lawyers, and of staff, court officials and
others subject to his direction and control.
8. Judge McWeeny violated Canon 3, Section 3B(4) in that he failed to hear all proceedings
fairly and with patience, failed to dispose promptly of the business of the court and failed to
be efficient and businesslike while being patient and deliberate.
9. Judge McWeeny violated Canon 3, Section 3B(5) in that he failed to perform judicial duties
without bias or prejudice.
10. Judge McWeeny violated Canon 3, Section 3B(6) in that he failed to require all persons
appearing in proceedings before him to refrain from manifesting, by words or conduct, bias
or prejudice based upon sex. Judge McWeeny violated Canon 3, Section 3B(7) in that he
failed to accord every person who has a legal interest in a proceeding, or that person's lawyer,
the right to be heard according to law.
11. Judge McWeeny violated Canon 3, Section 3B(7) in that he and his staff initiated, permitted,
and/or considered ex parte communications, or considered other communications made to the
judge outside the presence of the parties concerning a pending or impending proceeding on
several occasions.
12. Judge McWeeny violated Canon 3, Section 3B(7) in that he failed to disclose to all parties all
ex parte communications described in Sections 3B(7)(a) and 3B(7)(b) regarding a proceeding
pending or impending before the judge.
13. Judge McWeeny violated Canon 3, Section 3B(7) in that he independently investigated facts
in a case outside the courtroom and considered evidence other than that presented in Court.
14. Judge McWeeny violated Canon 3, Section 3B(7) in that he failed to insure that Section
3B(7) was not violated through law clerks or other personnel on the judge's staff.
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[If communication between the trial judge and the appellate court with respect to a proceeding
is permitted, a copy of any written communication or the substance of any oral communication
should be provided to all parties.]
15. Judge McWeeny violated Canon 3, Section 3B(7) in that he provided instructions and advice
that resulted in unfair advantage to Attorney Kathleen O’Brien and prejudice to James R.
Fisher.
16. Judge McWeeny violated Canon 3, Section 3B(8) in that he failed to dispose promptly of the
business of the court.
17. Judge McWeeny violated Canon 3, Section B(9) in that he failed to abstain from public
comment about a pending or impending proceeding in any court, and failed to direct similar
abstention on the part of court personnel subject to his direction and control.
18. Judge McWeeny violated Canon 3, Section 3C(1) in that he failed to diligently discharge the
judge's administrative responsibilities without bias or prejudice and maintain professional
competence in judicial administration, and failed to cooperate with other judges and court
officials in the administration of court business.
19. Judge McWeeny violated Canon 3, Section 3C(2) in that he failed to require staff, court
officials and others subject to the judge's direction and control to observe the standards of
fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice
in the performance of their official duties.
20. Judge McWeeny violated Canon 3, Section 3C(3) in that he as Chief Judge failed to take
reasonable measures to assure the prompt disposition of matters before the court.
21. Judge McWeeny violated Canon 3, Section 3C(4) in:
a. that he made unnecessary appointment(s);
b. that he failed to exercise the power of appointment impartially and on the basis of merit;
c. that he engaged in nepotism and showed favoritism; and that he approved compensation of
appointees beyond the fair value of services rendered.
Commentary: Appointees of a judge include assigned counsel, officials such as commissioners,
receivers and guardians and personnel such as clerks, and secretaries. Consent by the parties to
an appointment or an award of compensation does not relieve the judge of the obligation
prescribed by Section 3C(4).
22. Judge McWeeny violated Canon 3, Section 3D(1) in that he received reliable information
indicating a substantial likelihood that Judges Rosemarie P. Annunziata and Martin Langehorn
Keith had committed violations of these Canons and he did not take appropriate action.
23. Judge McWeeny violated Canon 3, Section 3D(1) in that he had knowledge that Judges
Rosemarie P. Annunziata and Martin Langehorn Keith had committed violations of these
Canons that raises a substantial question as to their fitness for office and he did not inform the
Judicial Inquiry and Review Commission as he is required to do.
24. Judge McWeeny violated Canon 3, Section 3D(2) in that he received reliable information
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indicating a substantial likelihood that Attorney Kathleen O’Brien had committed a violation
of the Code of Professional Responsibility and he did not take appropriate action.
25. Judge McWeeny violated Canon 3, Section D(2) in that had knowledge that Attorney Kathleen
O’Brien has committed violations of the Code of Professional Responsibility that raised a
substantial question as to her trustworthiness and fitness as a lawyer and he did not inform the
Virginia State Bar.
26. At the December I personally provided a brief statement to Judge McWeeny outlining much of
the above and offering to provide additional information. To the best of my knowledge, Judge
McWeeny has done nothing.
27. Judge Michael P. McWeeny has engaged in "conduct prejudicial to the proper administration
of justice" (Va. Const. art. VI, § 10; Code of Virginia § 17.1-906) and his performance as a
Judge and a Chief Judge is unsatisfactory.
Name: James Ronald Fisher Daytime Telephone: 703 521-3926
Address: PO Box 1310
Falls Church VA 22041
Signature: ____________________ Date: _________________
James Ronald Fisher
Captain USN (ret)
Sworn Statement of James Ronald Fisher in Support of his
Complaint to the Judicial Inquiry and Review Commission
Against Judge Michael P. McWeeny
1. I, James Ronald Fisher, am a very responsible parent and citizen of Virginia.
2. I was the ninth of thirteen children and grew up in a wonderful small town with great parents.
3. I was married for 24 years and have four fine sons.
4. My three oldest sons are graduate engineers from Princeton. The youngest graduated magna
cum laude, from Virginia Tech in May 2002 majoring in Computer Science.
5. After I retired from the Navy and started a second career. My ex-wife requested a separation
and no fault divorce.
6. We went through a mediation process and completed a property settlement and child custody
agreement. We had three minor sons at the time.
7. Under this agreement:
a. We would have had joint legal and physical custody and our children would have not been
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impacted.
b. We would have had no attorneys other than to review documents.
c. The actual divorce would have cost less than $100 and we would not even have had to go
to court.
d. It would have cost the state essentially nothing. I would have fully supported my ex-wife
until she had her Master’s Degree and longer if necessary.
e. I would have fully supported our sons through college and longer if necessary.
f. My ex-wife would have received half of my retirement pay (under the law I would only
have to give her 34%).
g. We would have had over $200,000 in equity in our home to help pay for college for our
four sons.
8. An attorney who reviewed our agreement said that I was more than fair to my ex wife.
9. However, Fairfax County Circuit Court Judges including Judge Michael P. McWeeny,
Rosemarie P. Annunziata and Martin Langehorn Keith, assisted by several lawyers and other
Judges, wrongfully and unlawfully:
a. Ignored our mediated property settlement and child custody agreement:
b. Grossly interfered with my parental rights and my sons rights including issuing orders that
limited my access to my minor sons to twice a week and less than 21% of the time in
violation of my civil rights and the Code of Virginia which requires that Judges ensure
frequent and continuing contact of both parents with the children in cases of separation or
divorce.
c. Stretched out a simple no fault divorce for three years with scores of unnecessary court
hearings.
d. Ran up attorneys fees to over $80,000.
e. Kept both my ex-wife and me from buying the others half of our family home despite the
fact both of us wanted to buy each others half.
f. These Judges and my ex-wife’s own attorneys all knew that if my ex-wife bought the home
she would not have the money to pay their atrocious attorney’s fees.
g. Sold our $340,000 family home for $227,000 to a woman who works for a law firm.
h. Insured most of the proceeds of the sale went to attorneys and the agents of the state either
directly or indirectly. I received nothing and Judge Martin L. Keith ordered me to pay over
an additional $6,000 to my ex wife’s attorneys. I didn’t pay so he jailed me for not paying
the illegal court fees.
10. The money that these Judges and lawyers took from my ex-wife and me was needed to feed,
educate and clothe our four sons.
11. Following are descriptions of some specific wrongful and unlawful acts of Judge McWeeny.
12. On March 12, 1991, in a thirty minute hearing before Judge McWeeny, Ms. Kathleen O'Brien,
the attorney for my ex-wife knowingly, and willingly presented false evidence:
a. That I was delinquent in child support and maintenance. I was $1,553 ahead in child
support on March 12, 1991.
b. That $1,489.39 was a child support arrearage.
c. That a Judgment for $8,111.76 “for unpaid bills” entered by Judge Fortkort on September
29th, 1989 was a support arrearage.
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13. Plaintiff responded and presented evidence that:
a. He was ahead in child support.
b. That the $1,489.39 was a child support arrearage.
c. That the Judgment for $8,111.76 was for bills and was false.
d. That the $506 was unjust and should be revised.
e. That O’Brien’s had lied about Fisher being delinquent in child support and about the
arrearage and that her actions were fraudulent.
14. On March 12, 1991, Judge McWeeny, without probable cause or jurisdiction and with no legal
right, wrongfully unlawfully and corruptly entered an Order (Exhibit 134) that:
a. Found Fisher in contempt for failure to pay child support;
b. Sentenced Fisher to “10 days in jail suspended for 60 days to allow the defendant to make
payments to the Plaintiff on the arrearage amount of $3,176.00 for a support arrearage
through March 1, 1991.”
c. Entered Judgment against the Plaintiff in the amount of $3,176.00.
d. Awarded Ms. Kathleen O'Brien $400 in attorney's fees.
15. Latter when I was before Judge McWeeny I told him that “I was on the Naval Inspector
General Staff and investigated many cases of fraud but what Fairfax County was doing was
many times worse than anything I had ever seen”. He refused to examine or investigate his
unlawful order or what had happened in his Court.
16. On January 10, 1995, I wrote a letter to Chief Judge F. Bruce Bach and Clerk of the Court
John Frey with copies to Judges Griffith, Fortkort, Hancock, McWeeny, Middleton, and
Annunziata, Attorneys O'Brien and Thomas Lawson. This letter cited specific examples of
violation of the Cannons of Judicial Conduct by Judge Annunziata and Fraud and Ethical
Violations Attorney O’Brien. The letter explained that Judge Annunziata was wrongfully and
unlawfully conspiring with my ex-wife's attorney, Kathleen O'Brien, to force me to sell our
home so that Ms. O'Brien could collect her illicit fees.
17. Judge McWeeny did not respond to the letter and did nothing. If he had intervened as he is
required to do, he could have stopped the wrongful and unlawful sale of our $340,000 home
for $227,500.
18. As the Chief Judge of Fairfax County Court, Judge McWeeny is responsible for supervising
the administration of Fairfax County court and ensuring that it resolves disputes wisely justly,
promptly, and economically, has a competent staff of judges and court personnel and uniform
rules and practices, and provides the citizens of Fairfax County the best possible judicial
system. Judge McWeeny is also responsible the ethical and legal conduct of judges, court/
officials, and attorneys who appear in Fairfax County Court.
19. As the Chief Judge of Fairfax Circuit Court, Judge Michael P. McWeeny has:
a. Failed to ensure that all judges understand and comply with the Canons of Judicial Conduct
for the State of Virginia.
b. Failed to ensure that all attorney understand and comply with the spirit and intent of the
Virginia Code of Professional Responsibility.
c. Failed to identify and discipline unsatisfactory judges
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d. Failed to identify and discipline unsatisfactory attorneys
e. Failed to have a system based on the Canons of Judicial Conduct to independently evaluate
each Judge routinely and before his term expires and as he comes up for reelection.
f. Failed to ensure that Fairfax Circuit Court resolves disputes wisely justly, promptly, and
economically, and has a competent staff of judges.
g. Failed to provides the citizens of Fairfax County the best possible judicial system.
20. Last summer at the Supreme Court Sponsored Town Hall Meeting several individuals
complained to Judge McWeeny about the unlawful acts of Judge Martin Langhorn Keith and
asked him to investigate them. To the best of my knowledge, Judge McWeeny has done
nothing.
I hereby certify under penalty of perjury that this statement is true to the best of my knowledge and
belief.
_________________
James Ronald Fisher
Captain USN (ret)
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