October 23, 2018 the Honorable J. Chapman Petersen 34Th Senatorial
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4110 CHAIN BRIDGE ROAD, SUITE 216, FAIRFAX, VIRGINIA, 22030-4009 • 703-246-2740 • FAX: 703-273-1274 www.fairfaxbar.org • E-mail: [email protected] October 23, 2018 2018-2019 OFFICERS The Honorable J. Chapman Petersen PRESIDENT th CHRISTIE A. LEARY 34 Senatorial District Law Offices of Christie A. Leary, P.C. Senate of Virginia 10505 Judicial Drive, Suite 203 Fairfax, VA 22030 Post Office Box 1065 703-359-7111 [email protected] Fairfax, Virginia 22038 PRESIDENT-ELECT LUIS A. PEREZ Dear Senator Petersen: Luis A. Perez, P.C. 5881 Leesburg Pike, Suite B2 Falls Church, VA 22041 Thank you for your letter of October 17, 2018 inquiring as to whether the 703-931-0804 [email protected] Fairfax Bar Association (FBA) will provide a public statement in favor of the VICE-PRESIDENT current process by which judges are selected in Fairfax County. DONNA R. BANKS Fairfax County Attorney’s Office 12000 Government Center Parkway Having recently learned of the impending retirement of one of our respected Suite 549 Fairfax, VA 22035 Circuit Court jurists, we write to confirm that the FBA stands ready to assist 703-324-2421 the Northern Virginia Delegation in their selection of a candidate for this [email protected] upcoming vacancy. The FBA intends to conduct judicial screening and bar IMMEDIATE PAST-PRESIDENT THOMAS W. REPCZYNSKI voting per the rules of the FBA Judicial Screening Process for any applicant Offit Kurman P.C. who may wish to be considered by all members of the Northern Virginia 8000 Towers Crescent Drive, Suite 1500 Tysons Corner, VA 22182 Delegation for any judicial vacancy that may occur in the courts of Fairfax 703-745-1800 [email protected] County. In doing so, we by our actions and now our words strongly support TREASURER the non-partisan judicial selection process employed in Fairfax County for the RICHARD F. GIBBONS, JR. last three decades focused on the selection of highly qualified candidates for 3863 Plaza Drive Fairfax, VA 22030 the bench. 571-432-0200 [email protected] Comprised of over 2000 attorneys, our membership regularly practices before SECRETARY JOHN A. KASSABIAN the General District Court, Juvenile and Domestic Relations District Court and Kassabian & Kassabian, P.L.C. Circuit Court of the 19th Judicial Circuit of Virginia. Of vital importance to our 4201 Annandale Road Annandale, VA 22003 bar organization and the community is the appointment by the Virginia 703-750-3622 [email protected] General Assembly of highly-qualified judges on all levels of the bench and the effective administration of justice in our courts. The increasing number of GENERAL COUNSEL AARON J. CHRISTOFF judicial vacancies in Fairfax County continues to strain the capacity of our Law Office of Aaron Christoff, PLLC 526 King Street, Suite 506 Court to administer justice in an adequate and timely manner. Alexandria, VA 22314 703-872-7287 [email protected] The FBA’s judicial screening process is non-political in nature and procedure. DIRECTORS Of equal importance, this process has provided a forum for our bar to identify, LACEY ULLMAN CONN evaluate and interview candidates for judicial positions in our jurisdiction. JOSEPH B. DAILEY Through this screening process, the FBA has sought to provide all members KARA LEE GINA L. MARINE of the Northern Virginia Delegation with relevant and material information MATTHEW C. PERUSHEK about judicial candidates so that well-informed selections for judicial K. LEIGH TAYLOR vacancies may be had by the Virginia General Assembly. This process has ELANNA D. WEINSTEIN been embraced by members of the Virginia General Assembly, FBA ROBERT M. WORSTER, III membership and the bench of each court as a mechanism to provide merit- EXECUTIVE DIRECTOR based COURTNIE L. NORRIS Senator J. Chapman Petersen October 23, 2018 Page 2 -based, non-partisan process for the selection of experienced, capable and outstanding candidates for judicial vacancies. The FBA maintains a close working relationship with each bench of the 19th Judicial Circuit through our sections and committees. Through this relationship, our membership understands and has first-hand knowledge and experience with the challenges facing a bench who manages the largest caseload of any court in Virginia. In addition, the number of new cases handled by our Courts continues to grow year after year. This growth is reflected in the approval for additional judicial positions authorized and funded for each court. At present, our membership and our bench continue to have great concern for the unfilled judicial vacancies in our Courts. These vacancies prevent our courts from operating efficiently and effectively to address the needs of the litigants who appear before each Court. The FBA has welcomed the opportunity to implement, participate and refine the judicial screening and selection process in partnership with the Northern Virginia Delegation. Through this process, the Northern Virginia Delegation has had the benefit of insightful input from the FBA membership to assist the Delegation in making a non-partisan, merit-based selection for judicial vacancies which have come open. This process has been so successful that other Counties throughout the Commonwealth of Virginia have sought to revise and model their own efforts on that employed in Fairfax County. In 2015, the FBA participated by invitation in the Commission on Integrity and Public Confidence convened by Governor Terry McAuliffe. The Commission provided a report regarding recommendations to promote good governance in Virginia. The Integrity Commission reviewed in depth Virginia’s judicial selection process. The stated goal of the Integrity Commission was “to ensure the selection of highly qualified candidates while increasing transparency and minimizing political considerations.” The Commission lauded our process as the “Fairfax Model”, a shining example of a merit-based evaluation, screening and selection of well-qualified candidates to fill judicial vacancies. We consider ourselves fortunate to be part of a process focused on seeking out highly qualified judicial candidates. To the extent that members of the delegation have any suggestions for improvement of our process, please let us know immediately. Based upon prior feedback we have received, with this upcoming screening, we intend to explore ways to do the following: 1. Provide candidate packets to the delegation as soon as possible to ensure you have ample time to review the materials prior to any interviews 2. Ensure that photographs of all candidates are included with the materials provided 3. Explore the scheduling of an event allowing the delegation to meet with the candidates in an informal setting providing the delegation more opportunities to get to know the candidates outside of the formal interview process Further, we invite each member of the delegation to attend our next board meeting on November 27, 2018 to discuss how we can better assist you all in coming together for this newest vacancy and providing information of assistance to you all for potential candidates. Senator J. Chapman Petersen October 23, 2018 Page 3 Despite the authorization and funding for additional positions on our bench by the Supreme Court and the General Assembly, the 19th Judicial Circuit is understaffed and vacancies remain unfilled. The productivity of our Courts, of vital importance to our County and its citizenry, is crippled by these unfilled vacancies. The problem will only compound itself as additional vacancies continue to open. We recently wrote in support of the General District Court’s application for authorization of an additional judgeship to meet the growing caseload demands of that court. Upon consideration of that application, the Committee on District Courts has recently announced authorization of an additional judgeship for our General District Court in order to allow that court to effectively manage its caseload. Should this additional position be funded, the number of Court vacancies would increase from four to five. The FBA stands ready to employ our judicial screening process to aid the members of the General Assembly in selecting qualified and capable candidates to fill these vacancies. A sound screening process and a sensible delegation that values quality more than politics explains why our bench is the one of the finest in the Commonwealth. We urge all members of the Northern Virginia Delegation to participate in the judicial selection process to help our jurisdiction fill existing and forthcoming judicial vacancies. As we now seek to undertake a new judicial screening process as we have done for the benefit of the Northern Virginia Delegation for the last three decades, we take the strongest position and provide the most emphatic support in favor of the judicial selection process employed in Fairfax County. We implore the members of the delegation to fill the vacancies in our circuit and we stand ready to assist in whatever way we can with this process. Sincerely, Christie A. Leary, Esq. President cc: Senator George L. Barker Senator Adam Ebbin Senator Barbara Favola Senator Janet D. Howell Senator David Marsden Senator Richard L. Saslaw Senator Scott Surovell Senator Jennifer T. Wexton Delegate Jennifer B. Boysko Delegate David L. Bulova Delegate Eileen Filler-Corn Delegate Timothy D. Hugo Delegate Mark L. Keam Delegate Kaye Kory Delegate Paul E. Krizek Delegate James LeMunyon Senator J. Chapman Petersen October 23, 2018 Page 4 Delegate Mark H. Levine Delegate Alfonso Lopez Delegate Kathleen J. Murphy Delegate Kenneth R. Plum Delegate Mark D. Sickles Delegate Marcus B. Simon Delegate Richard C. Sullivan, Jr. Delegate Kathy KL Tran Delegate Vivian E. Watts .