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 email@example.com 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 firstname.lastname@example.org 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: email@example.com 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 firstname.lastname@example.org , 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 email@example.com 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 firstname.lastname@example.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 email@example.com 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 firstname.lastname@example.org 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 email@example.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.
Pages to are hidden for
"Hear Ye Hear Ye Hear Ye Hear Ye News from"Please download to view full document