Hear Ye Hear Ye Hear Ye Hear Ye News from

					                                  Hear Ye! Hear Ye!    News from the Prince William County Bar Association


                                              Volume XV Issue VI                                    July 2010
Inside This Issue
Circuit Court Docket Schedule
Adjustments, pg. 2

Circuit Court Timesavers          President’s Message
                                  By Amy M. Ashworth
Changes, pg. 2
                                  Summer is finally here and it is hard to believe my term as President is halfway over.
New Chief Judges Elected, pg. 4   Time really flies when you’re having . . . fun. I had to think for a minute about that one
                                  because this position is a lot of work and has an occasional painful moment, but for the
J&DR Conciliators Schedule,       most part, has been fun and very rewarding. For instance, our Association has been
July-December 2010, pg 4          selected to receive two Certificates of Achievement for our National Young Reader’s Day
                                  Project (in which we donated a book entitled Arthur Meets the President to local
Bar Council Highlights, pg. 4     Elementary Schools) and our Wills for Heroes event that took place last year. Petula
                                  Metzler accepted the awards on the Association’s behalf at the Annual Meeting of the
Beat the Odds® Banquet Recap,     Virginia State Bar in Virginia Beach.
pg. 6
                                  I want to recognize and thank John Whittington for his service as our Bar Council
PWC Bar Going Green! pg. 8        Representative to the Virginia State Bar. John has served in that capacity for the last six
                                  years. Not only will we miss the great work he has done but we will miss his general
Classified Ad, pg. 8              cheeriness and ability to cut to the bottom line when we have lost all sense of what we
                                  were talking about at the Board meetings (we are lawyers after all). Giff Hampshire has
Highlights of the May PWC Bar     been elected as his replacement and we are looking forward to welcoming him to the
BOD Meeting, pg. 8                Board.

PWC Bar Welcomes Newest           Our June membership luncheon was sponsored by Forrest O’dendhal and Tim Kotlowski,
Member, pg. 8                     realtors with Long and Foster, and Rob Hetzel with Hetzel Mortgage. We heard from the
                                  President of the Prince William Realtor’s Association who gave us an update on the
Special Issue: Legislative        current real estate market and Rob Hetzel who shared with us the status of lending for real
Summaries                         estate purposes.

 Cir. Ct. Clerk’s Office, pg. 9   We did not have a July luncheon meeting as it was the start of the 4th of July holiday
 A.S.A.P. Related, pg. 10         weekend; however, please plan on joining us on Friday, August 6th for a Luncheon CLE
                                  by Kimball T. Peele, Director of Bull Run ASAP, who will highlight changes in
Official Notice of Membership     legislation regarding DUI’s and other driving laws. This is a must attend event and we
Vote on Proposed Amendments to    need your RSVP in advance at pwcba1@verizon.net or 703-393-8865.
the Association Bylaws, pg. 12
                                  Don’t forget that beginning in September, we will not be mailing a hard copy of this “Hear
Up Coming CLEs, pg. 14            Ye! Hear Ye!” Newsletter to you unless you specifically ask. You will receive an
                                  electronic copy only in our effort to save paper and save money on printing and postage.
                                  Please let Alissa Hudson know via e-mail at pwcba1@verizon.net or 703-393-8865 if
Inserts:                          you want to continue to receive a hard copy.

Sentencing Guidelines CLE flyer   Finally, mark your calendars now for our Summer Picnic which will be held on Sunday,
                                  August 22nd at the Sudley Club in Manassas, Virginia. Food, drinks, swimming and all
New Health Care Act CLE flyer     the lawyers you can shake a stick at, all in one convenient location! Look for more details
                                  to come and please plan on joining in.
A.S.A.P. CLE flyer
                                  Have a wonderful summer!
Fun in the Sun Bar Picnic flyer
July 2010, page 2

                                       Circuit Court Docket Schedule Adjustments
                                       By The Honorable Lon E. Farris, Chief Judge, Prince William Circuit Court

                                       Administrative days will occur quarterly on the last Wednesday of the month in July,
                                       October, January and April. Previously they had occurred on a monthly basis. The
                                       Wednesday before Thanksgiving will be an Administrative day. Non-jury trials have
                                       been increased to nine (9) on Tuesdays and Wednesdays.

Prince William County                  Circuit Court Timesavers Changes
Bar Association, Inc.                  By The Honorable Craig D. Johnston
P.O. Box 31
Manassas, Virginia 20108
                                       A summary of the major changes in the new Timesavers:
         rd
Offices 3 Floor, PWC Judicial Center         --New provisions resulting from “paperless” filing system
9311 Lee Avenue                              --Court reporters being required in more civil cases
Manassas, Virginia 20110                     --Friday criminal motions limited to 15 minutes, not 30
                                             --Chambers staff, not Clerk’s Office, handling calls for time estimates for
TEL (703) 393-8865                                    trials
LRS (703) 393-2306
FAX (703) 331-5683                     A collaborative effort of the Bar, the Clerk, the Clerk’s Office, Judges’ Chambers, and
Email: pwcba1@verizon.net              the judges has produced revised Timesavers.
Web site: www.pwcba.org
                                       For those not familiar with the Timesavers, they are an outline of best practices in
2010                                   handling cases, information on docketing and scheduling cases, phone numbers to call,
Officers and Directors                 and other tips for handling Circuit Court cases and other matters in the Circuit Court. I
Amy M. Ashworth                        commend them to you—they are the work of those who actually handle the cases you
President
                                       file, the deeds you record, the wills you present for probate, etc., and they contain a
(703) 792-6050
                                       wealth of information that will help you navigate your way in the Circuit Court.
Megan. E. Kelly
President-Elect                        The following is a highlight of the changes made by the recent revisions:
(703) 792-6620
                                       Many of the changes pertain to new practices and procedures already in place due to the
Barry A. Zweig                         new “paperless” filing system. If you are not yet up to date on these, the Timesavers and
Immediate Past President               the Clerk’s Office can help you.
(703) 257-3500
                                       A second important change involves court reporters in civil cases. Court reporters are
Laurie J. Sholtis                      increasingly being required in civil cases, due to recent appellate decisions emphasizing
Secretary                              the necessity of creating a record in the event of an appeal. There are provisions in
(703) 963-6325                         Code Section 17.1-128 for creating an electronic recording with court consent. Counsel
                                       considering requesting permission to record, as opposed to having a court reporter,
Joseph W. Thelin                       should read 17.1-128. If the Court approves electronic recording, the person making the
Treasurer
                                       recording will likely be designated by order as the person responsible for ensuring that a
(703) 385-2880
                                       complete, audible recording is created and preserved as provided by that section. The
Mark T. Crossland                      text of the revised Timesavers section is as follows:
Director 2007-2011
(703) 491-7797                                1. Court Reporters:

Petula C. Metzler                             The Court does not provide a court reporter for any civil matters. The litigant
Director 2008-2012                            who chooses to hire a court reporter must bear the cost thereof absent an
(703) 365-9945                                agreement or order to the contrary.               Parties interested in making a
                                              contemporaneous record of the proceedings are highly encouraged to obtain a
Arthur von Keller, IV                         court reporter, as recollections often differ or are incomplete.
Director 2009-2013
(703) 361-2299
                                              The Court has determined that it is often appropriate to require that there be a
Angela L. Horan                               verbatim recording of proceedings in certain hearings in civil cases pursuant to
Director 2010-2014                            Virginia Code Section 17.1-128, so that there is a record of proceedings in the
(703) 792-6620                                event of appeal, and so that required findings may be made on the record.
                                              Accordingly, the judge hearing the trial on the merits or other extended hearing
Gifford R. Hampshire                          in a civil case, other than a pendente lite divorce hearing, may require that there
Bar Council Rep. 2010-13                      be a verbatim recording of the evidence and incidents of trial, either by court
(703) 365-9945                                                                                              Continued, page 3
                                                                                                                  July 2010, page 3

Circuit Court Timesavers Changes, continued                                                 Prince William County Bar
      reporter, or by mechanical or electronic device to be approved by the judge. In
                                                                                            Association, Inc.
      the event no party has provided for recordation of proceedings, the Court may         Office Hours
      in its discretion require that the hearing be postponed until means for               9:00 AM to 1:00 PM, Mon.—Fri.
      recordation can be provided.                                                          The PWCBA Office is located on
                                                                                            third floor of the Prince William
      Counsel and parties should also be aware that, in the event the Court approves        County Judicial Center, next to the
      the recording of the proceedings by mechanical or electronic device approved          elevators.
      by the judge, rather than by court reporter, that the party or counsel who has
      furnished the device will likely be designated as the person responsible for          Guidelines for Submissions to
      reporting and recording the proceedings, and for preserving the original records      Hear Ye! Hear Ye!
      thereof, as provided in Virginia Code Section 17.1-128. The original records          Submissions should be directed to the
      shall remain subject to further order of the Court.                                   attention of Alissa N. Hudson,
                                                                                            Executive Director, PWCBA
      The Court may enter further order at the hearing regarding allocation of costs        preferably via email to
      and responsibilities with respect to recording proceedings and transcription of       pwcba1@verizon.net , or fax to
      recordings.                                                                            (703) 331-5683, or mail to
                                                                                            Prince William County Bar
Another important change involves changes to the criminal motions docket. Friday            Association, Inc.,
9:00 a.m. criminal motions dockets have become increasingly heavy, resulting in             P.O. Box 31,
delays in the 10:00 a.m. civil docket. As a result, motions on the Friday dockets will      Manassas, VA 20108.
be limited to 15 minutes total. Longer motions may be scheduled for other days,             All submissions must be paid in
including Thursdays. The full text of the revised Timesavers on the point is as             advance, and are due by 5:00 PM on
follows:                                                                                    the 10th of the month preceding
                                                                                            publication and must include a contact
      1. Motions Day                                                                        name and phone number.

      The criminal motions docket is heard on Friday morning beginning at 9:00              For inquiries regarding classified or
      a.m. Counsel must file a notice or praecipe asking that the motions be heard no       display advertising, contact the
      later than the Friday preceding the Friday to be heard. There is a maximum 15-        PWCBA office at (703) 393-8865, to
      minute time limitation for motions heard on a regular Friday motions day. If a        request a copy of the most recent rate
      motion will take longer than fifteen (15) minutes for the Court to hear, counsel      card, or visit the bar on line at
      should contact Judges' Chambers (703-792-6010) to schedule a date certain. If         www.pwcba.org under "About the
      counsel cannot agree whether a matter can be heard in fifteen (15) minutes or         Bar", "Advertising and Sponsorships".
      less, they should indicate this at the call of the docket and the Court will either
      grant five (5) minutes for argument to determine whether or not the motion can        PWC Bar Listserv Guidelines
      be heard on the regular docket, or, in its discretion, will direct the litigants to   You are encouraged to sign up for the
      obtain a date certain.                                                                PWC Bar Listserv, which is available
                                                                                            to ALL members in good standing of
      On Friday morning, the docket and Courtroom assignments are posted on the             the Bar.
      third floor docket board next to the elevators.
                                                                                            To subscribe, send an email to
       2. Motions in Limine                                                                 pwcba1@verizon.net and you will be
                                                                                            added to the list.
      If possible, motions in limine should be presented on a Friday motions day
                                                                                            To post a message, send an e-mail to
      before trial. Only matters requiring a short argument without the presentation
                                                                                            list@pwcba.org . Your message will
      of evidence should be presented on the morning of trial.
                                                                                            be sent to everyone on the list.
      3. Motions to Suppress                                                                To reply to a message, simply hit
                                                                                            <reply> and type your response. It
      Motions to Suppress are heard on Thursdays. Counsel must file a notice or             will go to the person who posted the
      praecipe asking that the motion to suppress be heard no later then the Thursday       original message. This is the
      preceding the Thursday to be heard.                                                   preferred method of replying unless
                                                                                            the entire membership will benefit
      4. Bond Motions                                                                       from your response.
      Bond Motions may be noticed for a hearing no earlier than 48 hours from the           To unsubscribe, simply send a
      date filed. Monday through Thursday should be set on the 10:00 a.m. docket            message to pwcba1@verizon.net with
      and Friday should be set on the 9 a.m. docket.                                        the word “unsubscribe” typed in the
                                                              Continued, page 5             subject line.
July 2010, page 4

 New Chief Judges Elected                                        Bar Council Highlights
                                                                 Submitted by Gifford R. Hampshire
 Please be advised that the following judges have been elected
 to serve as Chief Judge for their respective courts in the      At its meeting on June 17, 2010, in Virginia Beach, the Virginia
 Thirty-First Judicial Circuit of Virginia, from July 1, 2010    State Bar Council heard the following significant reports and took
 through June 30, 2012:                                          the following actions:

 The Honorable Lon E. Farris, Circuit Court                      Budget
 The Honorable Charles F. Sievers, General District Court        The council approved a proposed budget of $12.3 million for
 The Honorable Paul F. Gluchowski, Juvenile and Domestic         2010-11, which represents an increase of $230,000 over FY 2010,
 Relations District Court                                        due to a 3 percent bonus for the bar staff, which has not received
                                                                 a raise since November 2007.

 J&DR Conciliators Schedule                                      Rule 1.15 Changes Approved
 July-December 2010                                              The council approved the Ethics Committee’s proposed
 By Barbara Murphy Stough                                        amendments to the Rules of Professional Conduct 1.15, the Rules
                                                                 of the Virginia Supreme Court Part 6, § IV, ¶ 20, and the trust
 Sarah Arendt: 7/1, 8/4, 9/10, 10/14, 11/18, 12/29               account notification agreement. The proposal will be sent to the
                                                                 Court for its consideration. Details: http://www.vsb.org/pro-
 Chester Banks: 7/2, 8/5, 9/13, 10/15, 11/19
                                                                 guidelines/index.php/rule_changes/item/rule-115-of-rules-of-
 Ray Benzinger: 7/6, 8/6, 9/14, 10/18, 11/22
                                                                 professional-conduct-and-paragraph-20-of-part-6-iv/
 Dick Boatwright: 7/7, 8/12, 9/15, 10/19, 11/29
 Dennis Carluzzo: 7/8, 8/13, 9/16, 10/20, 11/30                  ALPS
 Bob Coleman: 7/9, 8/16, 9/17, 10/21, 12/1                       Executive Vice President Christopher L. Newbold reported that,
 Bob Cooper: 7/12, 8/17, 9/20, 10/22, 12/2                       over the last four years, ALPS has experienced a marked increase
 Cathy Croft: 7/26, 8/31, 9/21, 10/25, 12/3                      in the Virginia loss ratio and the claims frequency ratio. As a
 Bob Faust: 7/13, 8/18, 9/22, 10/27, 12/6                        result, ALPS has adjusted an aspect of its underwriting formula
 Mark Henshaw: 7/14, 8/19, 9/23, 10/2812/7                       specific to Virginia risk factors (the Virginia relativity factor) by
 Tracy Hudson: 7/15, 8/20, 9/24, 10/29, 12/8                     reducing a credit it had ordinarily applied to Virginia law firms
 Kimberly Irving: 7/16, 8/23, 9/27, 11/1, 12/9                   from 39 percent to 35 percent. This may result in increased
 Megan Kelly: 7/19, 8/25, 9/29, 11/3, 12/10                      premiums for some firms. Newbold reported that ALPS is
 Ray Morley: 7/20, 8/26, 9/30, 11/4, 12/13                       financially strong with $30,000,000 in policy holder surplus and
 Allen Newcomb: 7/21, 8/27, 10/1, 11/5, 12/14                    maintains an A-minus (Excellent) A.M. Best rating.
 Elizabeth Reiter: 7/22, 8/30, 10/4, 11/8, 12/15
 Jane Smith: 7/23, 9/1, 10/5, 11/9, 12/16                        Diversity Conference
 David Silek: 7/28, 9/2, 10/6, 11/10, 12/17                      The new VSB Diversity Conference has its first board of
 Barb Stough: 7/29, 9/3, 10/7,11/12,12/20                        governors, appointed by outgoing president Jon D. Huddleston.
 Michele Rydell: 7/30, 9/7, 10/8, 11/15, 12/21                   Officers are Manuel A. Capsalis of Arlington, chair; Michael
                                                                 HuYoung of Richmond, vice chair; Linda Y. Lambert of
 Rusty von Keller: 8/2, 9/8, 10/12, 11/16, 12/22
                                                                 Richmond, secretary; and Edward L. Weiner of Fairfax, treasurer.
 Paul Walla: 8/3, 9/9, 10/13, 11/17, 12/27
                                                                 The conference must raise private funds to support its operations.

                                                                 Strategic Planning Session
                                                                 The 2010 VSB Strategic Plan sets out five goals in support of the
                                                                 VSB mission statement and outlines strategies to implement those
                                                                 goals. The goals are protecting the public, regulating the
                                                                 profession, advancing access to legal services, improving the
                                                                 legal profession and judicial system, and operating the bar.
                                                                                       July 2010, page 5

Circuit Court Timesavers Changes, continued

Another change to the Timesavers reflects a change in the contact person for
reporting time estimates for trials, settlement of cases, changes from trial to
guilty pleas, and the like. The Clerk’s Office formerly made and took many of
the calls relating to this. Chambers staff will now be doing this. The sections of
the Timesavers (Criminal and Civil) relating to this have been changed; the
following are the revised Civil guidelines:

      6. Time Estimates:

      Counsel will receive a call from Judges’ Chambers the week before trial
      requesting an estimate of the time necessary for trial and confirming that a
      jury, if one was previously requested, is still required. The day before
      trial, Counsel will receive a second call asking for confirmation of the
      time estimate. It is essential that Counsel promptly return calls from
      Chambers for time estimates. The number reserved for this purpose is 703-
      792-6013. (This is not a general number for use in calling Chambers, but
      rather reserved for time estimates and the like for upcoming trials.)
      Counsel who know they will be unavailable on the day prior to trial should
      arrange for staff to provide time estimate information to Chambers.
      Cases are assigned to judges on the afternoon preceding the trial based on
      availability and counsel’s time estimates. Make every effort to provide an
      accurate time estimate. Failure to provide an accurate time estimate can
      severely disrupt the court’s schedule. If Chambers does not know the time
      estimate and the docket is full, the Judge may assign the case as a hold
      case that will be heard as soon as a Judge has completed his/her assigned
      docket.

      7. Settlement:

      Counsel are encouraged to conduct settlement negotiations in advance of
      the trial date. Judges may assist in settlement discussion if requested and
      some will invite discussions on their own either immediately prior to trial
      or during trial.

      When a case settles in advance of trial, it is both parties’ responsibility to
      inform Chambers and all witnesses as soon as possible thereafter. Please
      call Chambers at the main Chambers number, 703-792-6010. If settlement
      is reached after a time estimate has been given for trial as detailed in 6
      above, please also call on the number reserved for time estimates if no one
      answers on the main number for Chambers.

I want to thank the Clerk, the Clerk’s Office, Chambers staff, and others who
worked hard to update the Timesavers. I recommend them to the Bar.
July 2010, page 6

 Beat the Odds® Banquet Recap                                        their facilities for the evening as their way of supporting the
                                                                     program. When the students, their nominators, court and
 Twelve county and city high schools held commencement               juvenile service agency representatives, scholarship sponsors,
 exercises for approximately 5800 seniors in June. Following         members of the PWC Bar Association and PWC Bar
 those graduations, families and friends celebrated; the             Foundation, family and friends assemble, the picture of the
 educational community reflected on the successes of their           entire community behind these students is revealed. As the
 students; and the students themselves closed one chapter in         youth one-by-one take the stage and look out at the hundreds
 their lives, and start a new chapter in the fall, as many of them   of people who have gathered to affirm them, believe in them
 enroll in college. This same recognition, celebration and           and enable them, they are grateful, each one saying Thank
 anticipation were evident at the 2010 Beat the Odds® Banquet        you, in their own way.
 and Awards Ceremony, sponsored by the Prince William
 County Bar Association on June 3.                                   At the conclusion of the program, Jan Roltsch-Anoll,
                                                                     President of the PWC Bar Foundation encourages the students
 The PWC Bar’s Beat the Odds® (BTO) Program is an                    to continue moving forward in their progress and, later in life,
 adaptation of the nationally recognized program originally          when they are able, to give something back to their
 developed by the National Children’s Defense Fund. Through          community. This year’s BTO Scholarship and Phoenix Award
 this program, the PWC Bar seeks to recognize area students          Winners are listed below. Scholarship winners are pictured at
 who have come in contact with the local juvenile justice            right:
 system, to affirm the social and academic progress they have
 made, and to give them the tools they need to continue on the       Alexandra Gusberti, awarded the Heritage Hunt Women’s
 road to success. These students, often the victims of abuse         Organization Scholarship
 and neglect, are ill equipped at their young age to handle the      Antonio Bell, awarded the Deputy Kevin L. Rock Senior
 emotional and physical trauma associated with their                 Memorial Scholarship
 circumstances, and often respond in ways that are detrimental       Celene Lucio, awarded the Breeden Foundation Scholarship
 to themselves or others. But through the intervention of a          Cynthia Hubler, awarded the Dr. Nina Roscher Memorial
 social worker, foster parent, probation officer, or judge, these    Scholarship
 students have defied the odds that say they will fail in society,   Delma Guevara, awarded the Mariano Castro Memorial
 and have found the strength and determination to succeed.           Scholarship
                                                                     Jennifer Guevara, awarded the Mariano Castro Memorial
 Through this year’s BTO Program, each of 10 area graduating         Scholarship
 seniors received a $3200 scholarship for higher education.          Josephine Tilley, awarded the Knights of Columbus
 These scholarships are made possible through a variety of           Scholarship
 community and business partnerships, and private donations,         Kianna Bradley, awarded the Vietnam Veterans’ Scholarship
 through the Prince William County Bar Foundation. In                Shiela Wood, awarded the Blankingship and Keith
 addition to the scholarships, the BTO Program also recognizes       Scholarship
 the achievements of underclassmen with a Phoenix Award.             Devante Lumbra-Dixon, Francis Roston and Morgan Owens
 This year, six students received lap top computers.                 each received a lap top computer.

 According to Megan Kelly, event chair, “One thing that struck
 me was that so many of them (the students) commented about
 being past BTO Phoenix recipients, or having heard about a
 past BTO event, or having attended a past event, and decided,
 knowing our program is out there, that they would make a real
 effort to do what it took to be nominated. If our program in
 some little way is motivating kids to work harder and be
 stronger, then that is the greatest reward we could ever hope
 for.”

 U.S. Congressman Gerald E. Connelly, Virginia 11th District,
 was also on hand at this year’s event, to specially congratulate
 the students and to present them with a commemorative copy
 of the Congressional Proclamation which incorporates this
 year’s honorees and their achievements, into the congressional
 record.

 Each year, the annual Beat the Odds® Banquet is the
 culmination of months of behind the scenes effort to identify       The Battlefield High School Choral Singers open the BTO
 the students who will be honored and to secure the funding for      Banquet by singing the National Anthem.
 the awards. The Banquet takes place at the Heritage Hunt
 Country Club in Gainesville, Virginia which donates use of
                                                                                                     July 2010, page 7




Scholarship Recipients Pictured with their scholarship sponsors or nominators: Alexandra Gusberti, Antonio Bell,
Celene Lucio, Cynthia Hubler, Delma Guevara, Jennifer Guevara, Josephine Tilley, Kianna Bradley, and Shiela Wood
July 2010, page 8

                                                                                           Highlights of the May PWC
                            Going Green!                                                   Bar BOD Meeting
                                                                                           Summary taken from minutes provided by
                            Don’t forget to notify the PWC Bar Office if you               Petula Metzler
                            want to continue receiving a hard copy of the
                            monthly newsletter, Hear Ye! Year Ye! We have                   Approved minutes from April BOD
                            been providing the newsletter in hard copy and                    Meeting
                            electronic format for all members for several                   Approved May treasurer’s report,
                            years now, and are making the switch to full                      discussed process to collect unpaid
                            electronic format this fall.                                      dues/late fees
                                                                                            Approved continuation of Character
 We will continue to print and mail hard copy newsletters to those who                        Count! Essay Contest for the fall
 request them, but you have to let us know by August 20th, 2010, prior to                   Discussed annual review for Executive
                                                                                              Director
 printing and mailing the September newsletter. Call Alissa Hudson at
                                                                                            Discussed logistics associated with the
 (703) 393-8865 or email her at pwcba1@verizon.net if you want to be                          reinstatement of a local judicial
 placed on the hard copy mailing list. FYI: All back issues of Hear Ye!                       evaluation program
 Hear Ye! can be found on the PWC Bar Association’s website at                              Approved implementation of National
 www.pwcba.org, in the members section.                                                       Young Reader’s Day program for the
                                                                                              fall using the ABA Law Day theme for
                                                                                              2010, “Enduring Traditions, Emerging
                                                                                              Challenges” Approved book, “A
  Classified Ad                                                                               More Perfect Union: The Story of Our
                                                                                              Constitution.”
  NEED HELP WITH DISCOVERY OR AN UPCOMING TRIAL??? LET US HELP                              Approved purchase of portable, re-
  YOU! Dixon Unlimited Business Services, LLC is a full service paralegal and legal           usable display boards
  secretarial service firm. By using our services law offices gain the flexibility to       PWC Bar received 2 Certificates of
  accommodate more work during busy times, while avoiding layoffs during slow
                                                                                              Achievement at the annual VSB
  periods; receive the same professional, efficient work you've come to expect from your
                                                                                              Meeting, one for the Arthur Meets the
  full-time paralegals; save money by reducing the need for supplies, equipment, and
  employee health care benefits; and augment your existing staff with someone familiar
                                                                                              President Program and one for the
  with what it takes to be a part of a co-operative effort. Visit www.dixonunlimited.com      Wills for Heroes Program.
  or send an email to contact@dixonunlimited.com for more information.                      Approved charging $5.00 fee per
                                                                                              person/$10.00 fee per family for the
                                                                                              annual picnic to help defray some of
                                                                                              the costs associated with the event

                                                                                           Prince William County Bar
                                                                                           Welcomes Newest Member
                                                                                           Chidi James, Esq.
                                                                                           Blankinship & Keith, P.C.
                                                                                           4020 University Drive
                                                                                           Suite 312
                                                                                           Fairfax, VA 22030
                                                                                           (703) 691-1235
                                                                                                                      July 2010, page 9

                                                                                “chapter”, which are the bills that have passed and
SPECIAL ISSUE--LEGISLATIVE                                                     become law. Also, the State Police have a list of
SUMMARIES                                                                      selected Acts of the 2010 General Assembly at
                                                                               www.vsp.state.va.us (Click on Publications).
We are pleased to once again have a resource available to us, from
which we can generate legislative updates. The updates provided here           Fees and Costs
do not represent all new legislation enacted during the 2010 Session of        - Deed Processing Fee increases by $10 to $20. It
the Virginia General Assembly, nor are the summaries comprehensive             does not impact a deed of release or partial release.
as to the content of the new bills passed. This information is simply          - Court Fees on civil actions for monetary damages
provided by the Clerk of the Circuit Court, Michele McQuigg and the            (VA Code §17.1-275)
Director of Bull Run A.S.A.P., Kimball T. Peele, as a service to the              $100 not exceeding $49,999
membership, to alert you to changes in the law that may impact your               $200 exceeding $49,999 but not exceeding
practice.                                                                                $100,000
                                                                                  $250 exceeding $100,000 but not exceeding
For a complete listing of new legislation, you may visit "The Division of                 $500,00
Legislative Services" website at http://dls.state.va.us/ Go to                    $300 exceeding $500,000
<publications>, then <Digest of the Acts of Assembly>, then <2010>,            - Fee for Commonwealth Attorney increased (VA
then <Table of Contents by Title> and search for new legislation that          Code §15.2-1627.3)
may impact your practice                                                          Felony $40 (was $15)
                                                                                  Misdemeanor $15 (was $5)
                                                                                  Fixed Felony/Misdemeanor fees were not
Circuit Court Clerk’s Office Legislative Updates                                         increased
Submitted by Clerk of Circuit Court Michèle McQuigg
                                                                               - Civil penalty for failure to sterilize a dog or cat
                                                                               adopted from a releasing agency not to exceed $250
The following are a few changes to the Virginia Code that are effective
                                                                               (was $50) VA Code §§3.2-6503, - 6574
July 1. All sections § are for the Virginia Code. House bills (HB) and
Senate bills (SB) can be viewed at http://legis.state.va.us. Do a “bill text
                                                                                                                Continued, page 10
search” to find other new laws of interest to you. Search on type:
July 2010, page 10

Circuit Court Legislative Updates,
Fees and Costs, continued                                          - Court may appoint a vocational expert to conduct evaluation
                                                                   of a party for child support, spousal support or separate
- Certificate of Analysis (§§17.1-275.5, 19.2-183, -187.1).        maintenance. (§20-108.1)
Defendant who demands testimony of an analyst must pay $50         - Counsel may receive upon request a copy of the jury panel at
in court costs.                                                    least 3 full business days before trial. (§8.01-353)
- A $10 additional fee is assessed as court costs on each felony   - Restricted Driver’s License additions include allowed to
and misdemeanor conviction for the Internet Crimes Against         drive to and from a place of worship and travel to and from
Children Fund. (§17.1-275.12)                                      appointments approved by Division of Child Support
- Additional $25 tax for List of Heirs or Real Estate Affidavit    Enforcement. (§18.2-271.1)
unless will probated or grant of administration (§§58.1-           - DC-40 List of Allowances changed to include the
1717.1, 58.1-1718, 58.1-3805)                                      dispositional information for each charge.
- Various costs, potential attorney fee awards, potential
damages, jurisdictional amounts and other dollar-based             Probate
provisions in the Virginia Code are increased to account for       - If a will is silent as to the waiver of filings, trustee does not
the effect of inflation. (SB154)                                   need to file an inventory/annual accounting if obtains written
                                                                   consent from beneficiaries or personal representatives of
Deeds                                                              incapacitated beneficiaries and files those consents with
- Title insurance companies can release deeds of trust like        Commissioner of Accounts.
settlement agents. (§55-66.3)                                      - Small Estate Act revised by repealing provisions in Titles
- Clerk may reject any writing for recordation that is not         6.1, 15.1 & 64.1 and consolidating them in the Act. (HB346)
specifically authorized by law and set out in the Code of          - Uniform Power of Attorney Act created. (HB719)
Virginia. (§17.1-229)                                              - List of heirs filed is as of the date of death. (§64.1-134)
- Additional questions added to the Homestead Deed for             - Clerk needs to be told if qualification is pursuant to §§64.1-
personal property form. (§34-14)                                   75.1 or 8.01-50 (wrongful death).

Civil and Criminal                                                 Other
- Added instances in which sex offender may enter on school        - Period of limitation for collection of state taxes is reduced
property with consent of school board or owner of private          from 20 to 10 years. (§58.1-1802.1)
school or day care center. Adult prohibited from entering          - Attorney may issue summons in protective order
property may petition circuit court only. (§§16.1-241, 18.2-       proceedings. (§8.01-407)
370.5)
- Appeal period for involuntary commitment reduced from 30         Legislative Changes, Effective 7/1/2010
to 10 days. (§37.2-82.1)
- Juvenile committed to psychiatric treatment facility may         Regarding Alcohol/Drugs, DMV and
appeal to Circuit Court within 10 days. J&DR court appoints        other Driving Laws
attorney and GAL unless juvenile represented and collects any      Submitted by Kimball T. Peele, Director Bull Run A.S.A.P.
service fees. (§16.1-345.6)
- Eminent Domain (§§8.01-187, 25.1-100, -209, -213, -214, -        [HB=House bill, SB=Senate bill]
219, -220, -235, -318, 65.1-98, 25.1-227.1, -227.2). Reinstates
option of landowner to choose between commissioners or             Virginia Criminal and Motor Vehicle laws, Section:
condemnation jurors. Petitioner pays costs of commissioners
(or jurors).                                                       (1)      4.1-200
- Filing of Zoning Board Appeals style should be “In Re:           ALCOHOLIC BEVERAGE CONTROL; EXEMPTIONS
(date) Decision of the Board of Zoning Appeals of (locality        FROM LICENSURE; CONSUMPTION BY UNDERAGE
name)”. (§15.2-2314)                                               PERSONS
- Style of actions or suits involving fiduciaries should be        Current law states that alcohol may be served to guests in a
“(name of fiduciary), (type of fiduciary relationship), (name of   residence for personal use if: guests are age 21 or older or
the subject of the fiduciary relationship)”, e.g. James Dean,      accompanied by parent, guardian or spouse who is 21 or older,
Executor of the Estate of Marilyn Monroe. This applies to          and the service is not an attempt to evade ABC laws. This
pending actions as well as new. (§8.01-6.3)                        adds that the alcoholic beverage may only be served or given
- Monetary award in divorce case may be enforceable the            in such residence where alcoholic beverages are allowed to be
same as a judgment. (§20-107.3)                                    served. [HB1293]
- Some judgment creditors are using notice of lien provisions
instead of garnishment process. These creditors must give          (2)      4.1-309.1
same notice regarding exemptions and hearings and file             POSSESS/CONSUME ALCOHOLIC BEVERAGE
certification that notices have been mailed. (§§8.01-502.1, -      WHILE OPERATING A SCHOOL BUS
512.4)                                                             Class 1 misdemeanor while operating a school bus
                                                                   transporting children. [H1353]
                                                                                                          Continued, page 11
                                                                                                                         July 2010, page 11

Alcohol/Drugs, DMV and other Driving Laws, continued                 (9)       18.2-271.1
                                                                     RESTRICTED DRIVING PERMIT; DRIVE TO
(3)      9.1-102                                                     CHURCH
LAST DRINK INQUIRY PROTOCOL                                          With restricted license after DWI or other such offense, may
Provides for Dept. of Criminal Justice Services to establish a       drive to a place of religious worship 1 day per week at a
model policy for law enforcement to use when questioning             specified time and place. [SB41]
DWI suspects about the location of the last drink consumed,
and for communication that information to ABC Board.                 (10)      18.2-271.1, 46.2-320, 53.1-131.2
[HB144]                                                              RESTRICTED DRIVING PERMIT; DRIVE TO
                                                                     APPOINTMENTS REQUIRED BY DIVISION OF
(4)       15.2-968.1, 46.2-208                                       CHILD SUPPORT ENFORCEMENT
PHOTO-MONITORING SYSTEM                                              With restricted license after DWI or other such offense, may
Persons summoned for violation of photo-monitoring                   drive to appointments approved by Dept. of Social Services,
ordinance shall have 30 business days, rather than 60 business       Div. of Child Support Enforcement for court-ordered program
days, to inspect information collected in connection with the        for child support. [SB589]
violation. Also, allows the private business operating the
photo-monitoring system to have agreement with DMV to                (11)     18.2-308
obtain names of registered owners of vehicles violating photo-       CONCEALED HANDGUN PERMITS;
monitored traffic light signals. Also, allows localities access to   DISQUALIFYING CONVICTIONS
images and information on violating vehicles owned or used           Provides that a conviction from any other state of DWI or
by the locality, for purposes of employee discipline. [HB1292]       Public Intoxication within the preceding 3 years disqualifies
                                                                     an individual from obtaining concealed handgun permit.
(5)      16.1-278.9                                                  [SB501]
PUNISHMENT FOR DELINQUENT ACTS
For juveniles, provides that a second offense of underage            (12)     18.2-271
alcohol possession, public intoxication, or other offenses, may      CONSECUTIVE LICENSE SUSPENSIONS FOR DWI
not be dismissed upon completion of terms and conditions, but        Provides that any driving suspension for DWI shall run
must be disposed of according to 16.1-278.8, which allows            consecutively with any other court-ordered suspension for
multiple options. [H908]                                             DWI (or for underage DWI). Currently, only suspensions for
                                                                     Refusal run consecutively with DWI suspensions.
(6)      16.1-278.9                                                  [HB769]
PUNISHMENT OF JUVENILE FOR POSSESSION,
ETC., OF ALCOHOL                                                     (13)      19.2-3.1, 19.2-187.1
Adds that a juvenile may be found delinquent of such charges         CERTIFICATES OF ANALYSIS IN CRIMINAL CASES
and punished. Current law provides only for case to be               Amends law enacted in 2009 regarding Melendez-Diaz v.
deferred and dismissed upon completion of terms. [HB862]             Massachusetts; Commonwealth must notify defendant of
                                                                     intention to use testimony by two-way video conferencing,
(7)      16.1-278.9                                                  and defendant must specifically object or he waives his right
DELINQUENT CHILDREN; LOSS OF DRIVING                                 to object; also, sets procedures for video testimony and
PRIVILEGES                                                           clarifies provision requiring 28-day notification to defendant
Eliminates restricted driving privileges, when granted for           only if certificate or affidavit is to be used in lieu of testimony.
certain offenses involving alcohol, firearms, and truancy, for                  [SB387]
driving to/from school when school provided transportation is
available. [HB863]                                                   (14)     19.2-73, 19.2-74, 19.2-81
                                                                     ARREST WITHOUT WARRANT; DWI ARREST
(8)        17.1-275.5, 19.2-183, 19.2-187.1                          Allows arrest for misdemeanor DWI or Boating While
ADMISSIBILITY OF CERTIFICATES OF ANALYSIS                            Intoxicated whether or not offense occurred in the officer’s
AT PRELIMINARY HEARING; TRIAL                                        presence. Also, provides that the issuance of a summons for
At preliminary hearing, certificates of analysis and reports         DWI for person in medical facility may be done with having
shall be admissible without the testimony of the person who          to detain the person, and that the issuance of the summons will
prepared report; also, when analyst appears in court to testify      be considered an arrest for purposes of DWI, implied consent.
at trial, the certificate shall be admissible; also, defendant       [HB770, HB1254]
demanding the testimony of the analyst must pay $50 in court
costs for expenses of analyst’s appearance, if defendant is                                                       Continued, page 14
found guilty.         [H500, HB456]
July 2010, page 12




         ***OFFICIAL NOTICE OF MEMBERSHIP VOTE ON PROPOSED
         AMENDMENT TO THE ASSOCIATION BYLAWS***
         The Board of Directors of the PWC Bar is reinstituting the local Judicial Evaluation Program because the
         state administered program, which was run through the Virginia Supreme Court, has been discontinued for
         lack of funding. This proposed amendment to the PWC Bar Association’s Bylaws reincorporates
         guidelines for a local Judicial Evaluation Program into the bylaws. This is your official notice of the
         date, time and location of the membership vote to accept or reject the proposed amendment. The vote will
         take place on Tuesday, August 3, from 9:00 am to 3:00 pm in the PWC Bar Office, which is located on the
         third floor of the PWC Judicial Center, in an office beside the elevators. PWC Bar members may stop by
         the office any time between 9 and 3 on that day. Your credentials will be checked, to make sure you are a
         regular member of the PWC Bar in good standing, and eligible to vote. You will then be handed a ballot on
         which to note your vote supporting or rejecting the proposed amendment. To maintain the privacy of your
         vote, you will be asked to fold your ballot and place it in a ballot box in the Bar Office. We need to reach a
         20% quorum in order to amend the bylaws, so please make plans now to stop by the Bar Office Tuesday,
         August 3 to cast your vote.

         The proposed amendment, which reincorporates guidelines for local Judicial Evaluations, appears
         below:

                                                          ARTICLE X

                                                  JUDICIAL EVALUATION


                   SECTION 1. There shall be a Judicial Evaluation Committee, consisting of seven (7) members,
         appointed as set forth herein. All members appointed must execute an oath prior to and as a condition of
         serving, to keep all proceedings of the Committee confidential except as the By-Laws provide otherwise.

                   SECTION 2. All persons appointed by the Board to serve on the Committee prior to July 1, 2010
         shall serve out their terms as appointed. The Chairman previously elected to serve through December 2011
         shall remain as Chairman. Beginning in January 2012, the Chairman of the Judicial Evaluation Committee
         shall be elected by the membership for a term of five (5) years. Beginning in January 2011 and each year
         thereafter, the Board shall appoint two Committee Members for a three (3) year term. Should any
         Committee Member resign his or her position or be otherwise unable to serve prior to the end of their term,
         the Board shall appoint a person to complete the resigning member’s term. All persons appointed to be
         Committee Members or elected to be the Chairman of the Committee must be a Regular Member in good
         standing of this Association at all times during their term.

                 SECTION 3. The Committee shall develop a procedure for judicial evaluation for the judges of the
         Circuit Court, General District Court and Juvenile and Domestic Relations District Court of the 31st
         District. The procedure shall be subject to the review and approval of the Board of Directors as to methods
         and standards; however, the results of evaluations shall not be divulged to the Board.

                     The procedure shall meet the following minimum standards:

                  A.     An initial evaluation will be conducted of all sitting judges, following the procedures set
         forth below, except that legislators will not receive the results of this initial evaluation for any judge;

                   B.     Circuit Court judges shall be reviewed the 1st, 3rd, 5th and 7th year of each judge’s term.
         District Court judges shall be reviewed the 1st, 3rd and 5th year of each judge’s term;

                     C.    Only attorneys regularly practicing before a judge will evaluate that judge;

                     D.    Evaluation will be by written questionnaire to be distributed and returned anonymously;
                                                                                                           July 2010, page 13


         E.     Results will be tabulated by a disinterested professional, who shall establish procedures to
ensure confidentiality;

           F.    The results of a judge’s evaluation will be subject to review and distribution only as
follows:
                   (1)      Raw data (survey forms) will be supplied only to the disinterested professional
hired by the Bar Association to tabulate the results of the questionnaire, who will review these jointly with
the Chairman of the Judicial Evaluation Committee and the President of the Bar Association when needed
to check the accuracy of results. They will not divulge information except as provided herein. The raw
data will be retained in a secure safe or other appropriate container for twelve (12) months, and thereafter,
destroyed;

                  (2)     Tabulated Results;
                           a.      First evaluation of judge to that judge only;

                            b.      Subsequent evaluations – to that judge in each year of evaluation, and
to legislators representing Prince William County, Manassas and/or Manassas Park in the year a judge is
being considered for reappointment; and

                            c.       Tabulated results and comments section will be provided by the
disinterested professional to the Chairman of the Judicial Evaluation Committee, who will review them
only with the President of the Bar Association.

                  (3)      Comments to the Judge Only.

          G.       The Committee will develop and implement control procedures regarding copying,
distributing, reviewing, etc. of results to ensure that confidentiality is maintained.


***OFFICIAL NOTICE OF MEMBERSHIP VOTE ON PROPOSED
AMENDMENTS TO THE ASSOCIATION BYLAWS***
The Board of Directors of the PWC Bar is proposing two amendments to the membership section of the
Association’s bylaws. These amendments ensure that the language in the bylaws is consistent with the
language on the Bar Association’s membership application with regard to Associate and Senior
status. This is your official notice of the date, time and location of the membership vote to accept or reject
the proposed amendments. The vote will take place on Tuesday, August 3, from 9:00 am to 3:00 pm in the
PWC Bar Office. See Official Notice paragraph on page 12 of this newsletter for full voting details.

The proposed amendments, appears below. Text in italics is new text:

SECTION 3. Associate Members. Any attorney who does not meet the criteria for Regular membership
in this association but who is a member in good standing of a bar of another jurisdiction may apply for
Associate Member status in this Association. Such application shall be sponsored by two Regular Members
in good standing of this Association and approved by a majority vote of the Board of Directors. Associate
Members shall pay dues but shall not have the right to vote.


SECTION 5. Senior Members. Any attorney who is a Regular Member in good standing of the association
and is now over the age of sixty and no longer substantially engaged in the practice of law is eligible to
become a Senior Member of the association. Said Member shall notify the Board in writing of his or her
intention to change status in the association from Regular to Senior Member. The change in status shall be
effective January 1st following the receipt by the Board of written notification. Senior members shall
maintain their voting privileges in the association.
July 2010, page 14

 Alcohol/Drugs, DMV and other Driving Laws, continued               (21)     46.2-921.1
                                                                   “MOVE OVER” LAW
 (15)      46.2-301, 46.2-301.1                                    Drivers are to move over to next lane or reduce speed when
 IMPOUNDMENT OF VEHICLE FOR DRIVING WHILE                          approaching stationary vehicle with flashing blue, red or
 LICENSE SUSPENDED                                                 amber lights. Law previously noted emergency lights. Also,
 Clarification of code sections involving vehicle impoundment      first offense will be punished as traffic infraction, was Class 1
 for driving suspended, when suspension is for DWI or DWI-         misdemeanor. Second offense will be Class 1 misdemeanor.
 related crime. When vehicle is impounded or immobilized           Does not apply in highway work zone.
 after arrest for driving on suspended license, vehicle may be     [HB1159, HB403]
 impounded an additional 90 days by the court upon
 conviction.         [HB742]                                       22)     46.2-1094, 46.2-1095
                                                                   SAFETY BELT USE FOR PERSON UNDER AGE 18
 (16)     46.2-301.1                                               Requires safety belt use by those under age 18 who are
 ADMINISTRATIVE IMPOUNDMENT OF MOTOR                               occupying the rear seats of a vehicle. Changes current law
 VEHICLE                                                           from age 16 to age 18. [SB219]
 Provides for a 3-day impoundment of the vehicle driven by a
 person without an operator’s license, if the person has           Up Coming CLEs
 previously been convicted of driving without a license. Also, a
 person who knowingly authorizes the operation of a motor
                                                                   July 15, 3:00 to 5:00 pm, PWC Circuit Courtroom #4,
 vehicle, by a person who he knows has no operator’s license
 or who he knows has previously been convicted of driving          “Sentencing Guidelines Issues 2010” Sponsored by the
 without a license, is guilty of Class 1 misdemeanor. Does not     Virginia Criminal Sentencing Commission, presented by
 apply to a person whose license has been expired for less than    Jody Fridley and Angela Kepus. Approved for 2.0
 1 year, or to a person under age 18 at the time of offense.       MCLE credits. See registration flyer in this newsletter
 [HB513]                                                           to RSVP.

 (17)     46.2-335                                                 July 29, 3:00 to 5:00 pm, PWC Circuit Courtroom TBD,
 RESTRICTED DRIVING PRIVILEGES WITH                                “The New Health Care Act”, Sponsored by the PWC
 LEARNER’S PERMIT                                                  Bar, presented by Dan Newland. Approval for 2.0
 A restricted learner’s permit may be issued by DMV to a
                                                                   MCLE credits pending. See registration flyer in this
 person at least age 25 who has been granted restricted driving
 privileges by the court, with no record of having been licensed   newsletter to RSVP.
 previously. [HB98, SB107]
                                                                   August 6, 12:45 to 1:45 pm, Mackey’s American Pub,
 (18)      46.2-341.18                                             during the regularly schedule August luncheon meeting,
 COMMERCIAL DRIVER’S LICENSE;                                      “Legislative Changes, Effective 7-1-2010 Regarding
 DISQUALIFICATION                                                  Alcohol/Drugs, DMV and other Driving Laws”
 A person convicted of Voluntary or Involuntary Manslaughter,      Sponsored by the PWC Bar, presented by Kimball T.
 where death occurred in the operation of a commercial motor       Peele, Director, Bull Run A.S.A.P. Approval for 1.0
 vehicle, shall be disqualified for 5 years from a commercial      MCLE credits pending. See registration flyer in this
 driver’s license. [HB916]
                                                                   newsletter to RSVP.
 (19)     46.2-398.1
 RESTRICTED DRIVING PRIVILEGE FOR OUT-OF-
 STATE DRIVERS
 Provides that a driver with a valid out-of-state license may be
 issued restricted driving privileges by the court upon the same
 conditions as if the person held a valid Virginia license.
 [HB97]

 (20)     46.2-870
 HIGHWAY SPEED LIMITS
 Increases the general highway speed limit to 70 miles per
 hour, where the speed limit is currently 65 miles per hour.
 [HB856, HB176, SB537]
July 2010, page 15
Upcoming Dates:

July 15, 3:00 to 5:00 pm, PWC
Circuit Courtroom #4, “Sentencing
Guidelines Issues 2010” CLE. See
enclosed flyer for details.

July 29, 3:00 to 5:00 pm, PWC
Circuit Courtroom TBD, “The New
Health Care Act” CLE. See
enclosed flyer for details.
                                                           Assistance for lawyers with substance abuse
July 30, 4:00 pm, Mackey’s
American Pub, PWC Bar BOD                                       problems. Confidentiality assured.
Meeting.

August 6, 12:15 pm, Mackey’s
American Pub, monthly luncheon
meeting. Program: A.S.A.P.                          August 6, 2010—Monthly Membership Luncheon Meeting
related legislative updates. See                                Mackey’s American Pub 12:15 pm
enclosed flyer for details.
                                                 Program: CLE titled, “Review of Legislative Changes, Effective
August 22, 1:00 to 9:00 pm,                               7-1-2010, Regarding Alcohol/Drugs, DMV
Sudley Club, Fun in the Sun Picnic.
See enclosed flyer for details.
                                                                and other Driving Related Laws
                                                  Presented by Kimball T. Peele, Director of Bull Run A.S.A.P.

                                                       Lunch Costs $15.00 per member and $20.00 per guest
                                                        Fee includes CLE materials and may not be waived.
                                                       Registration form included in this month’s newsletter




                          Hear Ye! Hear Ye!
                          P.O. Box 31
                          Manassas, VA 20108




                              A Publication of the Prince William County Bar Association, Inc.

				
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