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.
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 firstname.lastname@example.org 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 email@example.com 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:
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: firstname.lastname@example.org 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
file, the deeds you record, the wills you present for probate, etc., and they contain a
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:
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.
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
recording will likely be designated by order as the person responsible for ensuring that a
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:
(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.
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
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 email@example.com , 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 firstname.lastname@example.org 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
email@example.com . 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 firstname.lastname@example.org 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
Ray Benzinger: 7/6, 8/6, 9/14, 10/18, 11/22
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
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
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
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
printing and mailing the September newsletter. Call Alissa Hudson at
Discussed logistics associated with the
(703) 393-8865 or email her at email@example.com 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
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 firstname.lastname@example.org 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
Fairfax, VA 22030
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
$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)
- 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
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
F. The results of a judge’s evaluation will be subject to review and distribution only as
(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,
(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.
RESTRICTED DRIVING PRIVILEGE FOR OUT-OF-
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.
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
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.
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.