March 2000 VBA LEADERSHIP for 2000

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4 VBA Leadership for 2000 5 President’s Page: Chan~qes and Ch~llen.qes Anita O. Poston 6 Photo Feature: The 1 ! Oth VBA Annual Meetin.q: A Millennial Homet:omin.q to Remember 8 Practice Pointers: The ~eb: ~lst Century Acc~ss to Courts, Facts 6" law Gant Redmon 10 Meeting Close-Up: The Dark Side of the Net Caroline Bolte 11 Legislative Update: T~e Assembh/ at Midpoint 12 Across the Commonwealth Spring/summer meeting schedule Professionalism presentation is updated VBA section and committee chairs for 2000 14 Young Lawyers Division Ingold, Anthony & Gibson lead VBA/YLD Harman-Stokes is new Potomac Region rep Barnes, Otero receive Division honors 15 VBA Member Services 16 Calendar

On the Cover Photograph of the Page County Courthouse (1834), by John O. Peters. One hundred tbrtv such phot¢~g3"aphs are contained in l’~rginia’s Historic Courthouses, xxa’itten by John O. and Margaret T. Peters x~4th a foreword by Justice Lexx4s E Po~vell Jr.;photographs by John O. Peters; published by UniversiW Press of Charlottess~ille; and sponsored by The Virginia The Official Publication Bar AssociatTion. To order the book, call the VBA at (804) 644-0041 of The Virginia Bar Association or 1-800-644-0987.

Volume XXVI, Number 2 March 2000 VBA LEADERSHIP FOR 2000

No more "glass ceilings" fk)r The since 1998. Millner has chaired the VBA Virginia Bar Association. Membership Task Group and is a member The B Ass c On JanuaD’ 15, during of fl~e VBA Domestic Relations, Elder Law, and ~Vills, Trusts & Estates Sections. Suite 1120 the VBA Almual Meeting 701 East Franklin Street in Willianlsburg, Jeanne Four new members of the VBA Richmond, VA 23219 F. Frauklin of Nexandria Executive Committee (804) 644-0041 was voted Association were elected in Januar): FAX (804) 644-0052 E-mail: thevba@vba,org President-Elect for E. Tazewell "Ted" Ellett Web: http:/A~v.vba.org 2000, to succeed of Hogan & Hartson, Poston, nmv president of frook~ L.LP., of McLean and President the Association. Washington, D.C., Anita O. Poston, Norfolk Franklin, a sole practitioner who E//ett representing the President -Elect concen~ates in he~d~ care law and se~es Potomac Region; Jeanne E Franklin, Alexandria as a organizational development Heman A. Marshall III, Immediate Past President David Craig Landin, Richmond consultant, is a graduate of Vassar College managing partner of Secretary/Treasurer and the Universiw of Virginia School Woods, Rogers & H. Victor Millner Jn, Chatham Law. She has studied at the Universiw of Hazlegrove in Roanoke, Young Lawyers Division Chair Michigan School of Public Health and representing the James V Ingold, Fairfax holds a certificate in organization Southwest Region; Young Lawyers Division Chair-Elect development from Georgetown Sharon E. Pandak, Marsha// David N. Anthony, Norfolk University. She has chaired the VBA Prince William County Executive Committee Chair Executive Committee, the Committee Attorney, at large; and J. Edward Betts, Richmond on the Needs of the Mentally Disabled F. Blair Wirabush, Executive Committee Members and the Membership general solicitor of The Officers and Prof. Jayne W Barnard, Williamsburg Task Group. Norfolk Southern Hon. John J. Davies Ill, Culpeper J. Edward Betts of Corporation, at large. In E. Taze~vell Ellett, Washington ~chmond, a partner in addition, Justice Thomas E Farrell II, Richmond Elizabeth B. Lacy of the Lane R. Gabeler, McLean the law firm of Christian Hon. Elizabeth B. Lacy, Richmond & Barton, succeeds Pandak Supreme Court of Heman A. Marshall Ill, Roanoke ~etts Fran~in as chair of the Virginia was elected to Sharon E. Pandak, Prince William William E. Rachels Jn, Norfolk Association’s Executive a third and final one- Frank A. Thomas III, Orange Committee. Betts has chaired the VBA year term as the judicial Anne Marie Whittemore, Richmond Law Practice Management Section and representative on the E Blair Wimbush, Norfolk the VBA Communications Task Group, Executive Committee, Member of ABA House of Delegates and has stowed on the VBA Executive and Professor Jayne w. Hon. R. Terrence Ney, Fairfax Conamittee since 1997. Barnard of the College Legislative Counsel W~mbush of William and Mary’s Anthony E Troy, Richmond H. Victor Millner Jr. David G. Shuford, Richmond of Chaflaam xx~ll se~e as Marshall-Wvthe School of Law was Robert B. Jones Jn, Richmond ~A Secreta~Freasurer elected to a ,~econd one-year term as the Executive Vice President tbr 2000. A principal in law facul) representative. Charles Breckenridge Arrington Jr. the firm of H. Victor Former VBA President and 19th Administrative Director Millner Jr., P.C., in Circuit Court Judge R. Terrence Ney of Sandra P. Thompson Mi/Iner Cha~aam, he is engaged Fairfax was reelected to a second term as ~ New~ Journ,~! Editor Caroline Bolte in the general practice of law, and has the VBA’s delegate to the Mnerican Bar sen’ed on ~ae VBA Executive Commi~ee Association House of Delegates. ~ OUR MISSION The Virginia Bar Association is a voluntary organization of Virginia VBA NIws J()tlV, N’d, the otlk’ia] publication of The Virginia Bar Ass(~ciation (1SSN 1522-0974, USPS 093-110), is I)ublishcd eight times per 5ear (in the months of January, .Mart h, April, June, lawyers committed to serving the public Scpteinl)cr, October and December). Membership dues include the cost ,d one subsclil~ti(m and the legal profession by promoting July, to each member of the Association. Subscription ])rk’c to others, S ~().(1() I)Cl }:ear. Statements or the highest standards of integrity, expressions ot: ol)inion appearing hc~vin are flaosc ot the authors and not nc~cssafilx those ot the professionalism, and excellence in the Associalion, and l~kewise the publication ~1 an\ advcrtiscnwnt is nol to be co;>trued as an legal profession; working to improve en@wscmcnl o[ the product or ser~ke unles> sp~’cificall} staled in the advertisement that thvrc the law and the administration of justice; is such approval or endorsement. Periodicals postage paid at Richmond, VA 232 ~2. and advancing collegial relations among POSTMASTER: Send address d~angcs to The Virginia Bar Ass~,ciation, 7{}1 East Franklin Street, lawyers. Suite I 120, Richmond, VA 2 ~219.

4 THE VIRGINIA BAR ASSOCIATION PRESIDENT’S PAGE Changes and Challenges

BY ANI’I’.~ O. POSTON

I am very proud to serve as the 112th The protbssion is also experiencing a president oi" The Vir~nia Bar Association, lowering of the median age of laxvvers. but humbled to be measured aside a long Susan Mnq~hy, a husiness and o~gan~don~ series of presidents who haw se~’ed consultant who recently addressed the organization ably and well. The VBA has Natkmal Association o( Bar Execntives, been enriched [(ofla hy outstanding leaders warned that bar associations need to and by memberda~wers and judges who understand fl~e new generation ofa~omeys, are c~mmiued to a ~nission wfiich has as dnbbed "Generation Xers," who now make much vit~iw and si~aificance in the year up approximately 25 percent of the bar 2000 as it Oid more than 110 years ago and will soon dominate fl~e populatk)n. when ~is &ss~Ma~on began ~ ~o hnpro~e Mu~hy’s research su~es~ fl~at Generation the law and administration of justice and Xers are "impatient, anti-authority, to uphold the standard of honor and ’techies,’ not 1wal and totally independent." integrity in the legal prolk, sskm. In addition to these changing Much has changed since fl~is mission demo~aphics, there are sigmificant changes was first crafted. The roots of fl~e in ~e way we practice law. Technolo~" is back to J~y 1888 when more fl~an 100 ha~g a p]o/bund intluence on eve7 aspect am~mevs met in Vir~fia Beach and fi~rmcd of our practices ~ from the way we challenges require that we reflect on fl~e the Vi~nia State Bar Association. (After communicate xvifl~ clients to the way we Association’s mission and how the Virginia State Bar was ~bnned in 19~8, pertbrm our research. Technolo~ is ~mth implement that mission in fl~e next several confi~sion over fl~e similar names eventually a blessing and a c~rse. We have pro~essed years. As stated by tbnner Governor Gerald led fl~is Association to sho~xen its name to in recent years fiom mail to overnight ~aliles, now chair of the ~A Commi~ee The Vi~L~nia Bar Association.) My research deliver- sen~ices, to ~hcsimile, and now to on Special Issues of National and State has not vet nncovered a pictt(re of the e-mail." L~al sen~ces are eN~ected to be Impo~ance, "The best way to predict ~e gronp which assembled on that day in delivered not only competently and fi~tre is to plan tbr it." 1888, but it is sate’ to asstune fl~at tf~ere inexpensively, but a~so instantly. There is The primaU ~cus of my year as your were probably no women, no minorities li~e time tbr thoughtfi~l consid~ration of a president xx~ll be to engage the ~ in and no one of the Jmdsh thifl~ among fl~at client’s problem. Ftu*her, our budgets are ~ssion a~ut m~d plm~ng t~r its thmre. number~ The lhce of the Association has strained to acquire evc~~ succeeding The Execx~tive Committee will spend some changed over the years, as has the thee of technolo~cal advance. fbcused, uninte~pted time looking ahead the legal pro~bssion from which we draw Market tbrces present new challenges. and plmming how to implement our mission our melnbers. The ennT of accounting finns into during the next several years. We will A tbw statistics tell an interesting stoQ’. practice of law poses a serious challenge examine both what we do and how we do The increase in the laxwer popnlation in Virginia lax.wets. Over the last fbw years, it. tiffs count~ has outfaced fl~e ~ox~ in the fl~e big international accounfng fim~s hav~ We want to hear from the broader general p~pnlation. In 1951, there was acquired law finns in Europe and Canada membershi!3 as well. One of the first one la~x~er per 695 persons; in 1995, fl~is and have added legal senates to the list of oppo~nities will be at ~w ~’adership ratio was one per ~03. In 1980, only eight services they offer to clients. The Confbrence, schednled tbr March 23, percent oflaxxTers in fl~e LI.S. were x~x)men; announced goal of accounO~g ~ant ~mr 2000. At fl~at conf"fence, the chairs of all by 1995, fl~at fi~re had risen to 24 percent. &~dersen is to be %e world’s largest law our sections and commiRecs, fl3e leaders dlinorities made up only five percent of finn.Beyond the obdous economk: impact essential to fl3e stren~ of fl3e &ssociaOon, the nation’s laxwers in 1980; by 1990, ~is of fl~ese in~sions into %e practice of law, xx6ll be asked to help identi~ and address numher had increased to 7.5 percent, but they fl~reaten ~e unique sat~ards which the c~6cal issues thcing our Association minofi), represen~fion among law students the legal protbssion provides its clients. and its members. In addition, I welcome had ~o~ to ahnost 20 percent bv 1996. Rules regarding conflicts of interest and your ideas and encourage yon to write, The ~A repo~xs fl~at of ~e 39,~55 law confidentiality may he lost in call, f~x or e-mail your thoughts and degrees awarded in 1998 approximately multidisciplina6, practice. su~esfions to me or to fl~e Association 45 percent x~vnt to women and 19 percent The practice of law tbr Virg~fia la~wers of~ce. to minorities. Mthough more recent data is chan~ng and x~qll be ve~." diflbrent in’fl~e As we set the stage fl~r the next is unavailable, we know from law schools years ahead. This h~mre is unseMing, not mflle~mium, I will do nw best to advance that tt~s ~ox~ h~ flw number of ~xm~en only tbr %e la~wers themseh’es, but for mission of the Association and to justin" and minoriw la~sers is continning. volunta~, bar associations as well. These your confidence. @

NEWS JOURNAL ¯ MARCH 2000 5 6 THE VIRGINIA BAR ASSOCIATION TOP LE£T, VBA Substance Abuse Committee Cha/? Thomas Bondurant presents the James Award to George Hettr/ck as past recipients David A4ercer and Eugene Luther watch. ABOVE- Eugene Luther presents the ori~/bal Treese A ward sculpture to the VBA, represented by Thomas Bondurant, Lawyers Helping Lawyers Program D/rector Susan PaL/!e~/,, and Pres/dent David Cra/~

ABOVE. Professor Dan/e! _L Adeador, recipient of the W/Yl/~m B. Spong J~ Profess/onal/sm Award

CENTER.- N/na Olson, r~c/pient of the VBA Pro Bono Publico Award. ABOVE- "Trademark" prov/ded the tunes for the VBA ’s Hon?econ~/~Tg d/??ner-dance. ZEFh The VBA 2 ~st Coupl~ for 199~ Susaf7 and David Land/n, c~/~brat~ a succ~ss~// y~ar at th~ d/~?n~r-dafTc6. FAR LEFt.

Counsel ~ct/on w~f~ amond thos~ who cofTduct6d ~us/h6ss over breakfast dur/b~ th~ Annua/

m¢mb~rs of ff?~ VBA ~ath~r~d for a 2~Rch~of? roundtabl~.

See pages 8-10 and 14 for more Annual Meeting coverage!

NEWS JOURNAL ¯ MARCH 2000 7 The Web: 21 st Century Access to Courts, Facts 6, Law

BY G&NT REDMON

Having no calamitous news to report at Y2K, we turn our attention to the practice of law in the 21st century,. That practice, like many other aspects of daily living, ha~ been changed by instant access to databases containing historical fhcts and instant dissemination of inff~rmation on current events, including the posting of court decisions prior to dmir ha~ng even been printed. Attendees at The Virginia Bar Association’s Annnal Meeting in Williamsburg in Janua~T were ~ven a preview of current developments being generated by the Land Records Management :Fask Force, chaired by County/Norton Clerk Jack Kennedy (~, fore,round) presented recent Jack Kennedy, clerk of the Circuit "cyOercourt" developments at the VBA Annual Meetzb~ as Jack V/hzte and Gant Court of Wise Counw and the CiD~ of Redmon (Z and C) of the Zaw Pract/ee Mana.gement Section listened from the dais, Norton, as well as new Land Records Management Systems which are respect to permits and filing fees and other websites maintained hv local coordinated with the Geographic procedures to a list of the current case organizations. IMbrmation System (GIS). load. And if that isn’t enough, meet To determiue the current status of In additio~, attendees received a the judges or see a live view of the websites tbr vour jnrisdiction’s clerk l,~r~inia Attorneys’ Web Si~e Resource Wise Circuit Courtroom with only and courts, check the Virginia Up&re containing sources of cu~ent one additional click. Providing all Information Providers Network, information from the Virginia this information online doesn’t happen xx~x~v.x~pnet.or~xqpnegclerks. Supreme Court, law practice without sigmificant funding, much of Construction of websitcs related to management tips from the American which is provided from filing fees the courts and other governmental Bar Association and d3e VBA, sources currently being collected bv Circuit fimctions is still ve~x much in pro~-ess. of substautivc law nationwide, and Court clerks through~nt the The lift" of the Tccl~nolo~, Trust Fund website directories compiled bv the Commomvealth. may bc extended by the current New }~vk Times and Fortune. Don’t be 1)aslaful in urging your Ge~acral Assembly to juuc 30, 2002, clerk to become more involved; the under proposed legislation already Courts on the Web Fund currently has a balance of introduced. One of the major issues To see the latest in Circuit Court apl)roximately $’9,000,000, according in connection with the Fund is the websites, click on ~.~x~v.courtbar.org to Kennedy. The current rate for a level of tbes which will be charged tbr Premium Liser in Wise Count~’ is only where.v°n will find even/thing from Internet access to intbrmation posted by the clerks on their websites. The ~eneral information for the public with $395 annually. The site is not limited to the usual Vir~nia Association of Realtors has users of court records: attorneys, expressed c¢)ncern over the potential surveyors, realtors, bankers, and array of char~es whicla could be abstractors; it has links for the general imposed. public to municipal codes, a digital For current statnto~x authoriw and law libraQ,, the l*irginia L,mvers ~f2"eh!v, requirements tk~r cite{tonic fili;~g of news organizations, and numerons instruments, see Virginia Code

8 THE VIRGINIA BAR ASSOCIATION Sections 17.1-227.1, 252, and 276. Electronic filing provisions effective until July 1,2004, are found at Sections 17.1-255 through 258. A small target Substantive Law Sites is still a target. "Flat* Virginia iudiuial system maintains ~\~v\v.courts.statc.va.us, which 1)roxi~tes up-to-the-minute listin~s~, of Supreme Court ()t" Virginia ()pinions, apl~eals granted, and argument dockets. Equally important, the site 1)foxides links to t[’dcral opinions, the Virginia OMc, the Administrative Code, and legislation pending bcfbre the General Assembh. For instance, the online Sex Tsrougir The Reciprocal Agency, comprer~e"s~¢e coverage ~c: Ofl~nder Regist~T is in~’luded in the State Police link. ihese types of cams ~s to,;,, a,,a~ ab;e DeveLoped ¢,¢,h :b,,e "~eeds A by-product of the annual technology show sponsored of the smaller (less lhan i,30 employeesl employer ’n m:nd this by the American Bar Association is a list entitled "60 Cool product prowdes broad coverage and ddense for dams s~n as ¯ Wror~gful refusal to employ ¯ %~lure ~o prorro~e Sites and Hot Spots on the Internct (And a Few Extras~)" ¯ Wror~gful !ermna!io;~ ¯ Se, ua; harassment tbund at ~ww.tcchshow.conCal~a60 90.html. In addition to nunaevous substan~ve law sites, such as ~x~xw.findlaw.com and ~x~v.intcrnetlaxxTcr.com, you will for a szes and t:,pes of a,’. ! r’r,s Defense :os:s are ’.no udea find links to such diverse sites as a reverse telephone number directon, Bardett’s ~otations, and the Bill Gates Personal Wealth pa~e The Rec’procal A£1ercy ~s a subs,d~ar’¢ o’ T~e Re proca~ Group In a quanda~7 with regard to an etlaic’s question? Consult a membership corsorahor’, tha! nc udes American National xx~vw.legalethics.com [~r the latest opinions fi-om across Lawyer~ Insurance Reciprocal :or aod tionai ;nformation the countm. regarding an.~. of our persona’, or corn~r~eroal ms:~rance programs please cali us to-free a: "-800-gsz-884T ex~ 795 1)erhaps’thc most int~rmative websitc is that maintained by the Government Printing Office at x~v.access.gpo.gov xx]aic’h includes, among many others, a link to that most ~.The Reciprocal A~ency esoteric and usually out-otk¢~ate publication, the Code of Federal Re,relations. All Association members are invited to become News and General Information VBA Patrons in 2000. To become a Patron, a VBA member pays $100, in addition to regular dues, Finally, if you arc looking for the latest in general news, to support the Association’s public service and but can’t sul~scribc conveniently to the New ~brk Times, you law reform programs. can find it t~cc of charge at’~v.nvtimes.con¢libra~i The VBA has always sought to offer substantial value to its tech/ret~rencc. An even broader listing of sites is at members in return for their dues investment. Our 19 substantive ~w.ccoexprcss.com which provides links to all major law sections provide the basis for quite a bit of that value, but newspapers, business news magazines, Intcrnet search there is much more. Our CLE programs are recognized for their quality as well as diversity; our strong law reform and legislative engines, and online television no\vs. This site even includes programs continue to make constructive contributions to good a link to IRS and state tax t~,rms. government in Virginia; our Pro Bono Hotline Project has received national acclaim and is being emulated in other states as a Conclusion significant way in which lawyers can assist in the delivery of legal services to the poor; and the VBA’s continuing growth in membership illustrates the value which the Association delivers Now that you are equipped with a map of sites for to its members. places to go to find what you want on the Web, we hope Our activities have expanded -- but we continue to operate we have made your day a t~it more efficient and productive with a modest budget. That is why we attach special significance to our VBA Patrons. Last year, Patrons provided more than through this’tour [)f available wcbsitcs. For more $35,000 in additional revenue, without which some of our intbnnation on the VBA l.aw Practice Management Section efforts would have had to be curtailed. This support will be and its activities, visit us at xx~vw.vba.or(sectio~¢lpm.htm. even more important to our public service and law reform work Happy surfing~ in the future. If you have not already done so, please consider enlisting as a Patron of the Association in 2000. Join with some of Editor’s/Vote: fh~ ~uthor, Gont R~dmon, A4ano~/hg P~rtn~r Virginia’s finest lawyers to support our worthwhile programs, of R~dmon, P~)4on ~ Bf~sw~ll, L I.t~, who had n~v~r visit~d ~ many of which would not be possible without your patronage. w~b sit~ as lat¢ as January 1999,, credits his "v~rt/~al I~ar/7/h.~ Many VBA Patrons simply check the appropriate box on the cufv~" of th~ /nt¢rn¢t to h/~ associate, E Andrew Burch~r, dues statement and enclose an additional $100 with their and h/~ son, C ~ant R~df77on ///, both "G~n X6rs, "an ~ss~nt/~/ dues. You may also call the Association toll-free at 1-800- 644-0987 and charge your $100 payment to MasterCard or /n.dr~di~nt /h brin~qin@ pr~-comput~r-~ducat¢d attorneys Visa. th~ 2 lst c¢ntury

NEWS JOURNAL ¯ MARCH 2000 ME ING The Dark Side of the Net General sessions explore issues of online hate and cybercdme

BY CAR()LINk BOI3E

\Vhile the lntcrnet has made it race in America, you can do an)~hing," "This is a whole new tbnn ofwarthre 1)ossiblc fi~r milli~ms worldwide to access be it a hate Cl-ime or domestic temMsln. where e\crvone is a target," said James a wealth of infbrmaOon and technolo~:, Without librarians to monitor Adams, C~O of Inffasm~cmre Delbnse, it has also created troubling problems Interuct usage, young students may find Inc., addh~g d)at "one of ~ae most potent fi~r modern socie~’. At fl~c VBA Annual thcnaselxvs using hate sites tbr research. weapons axvailable is a laptop computer... ~leegng on Jant~a~T 14, h ~ I( ) general ~bbi Cooper described one website, Never in histon has fl~ere been a time sessions tbcused on the topics of o~Oine xx~XW.lnl~ng.org, which at first appears like ~s. "fl)c t{vhnolo~c’M revolution is hate speech and Q’berc~mc. to be a lc~omate site devoted to ~e late marching tin, yard, but I don’t see "The best response to bate speech is Ma~n Lufl)cr King Jr.~but is actually govenm)ent matching its pace." more speech," said Rabbi Abraham mn by ex~emists to deni~ate Dr. Kiug~ James Dempsey, senior staff counsel Cooper, associate dean of fl~c Simon litb a[~d work. at Wasl~n~¢on’s Ceuter tbr Democracy" Xg’iesenthal Center’s Museum of The Wiesenthal Center recently and Technolo~,, pointed out fl~at one Tolerm~ce. According to ~e D~s An~’les- persuaded online booksellers to stop impo~ant ~end of fl~c Intemet Age is based Cooper, there arc only about selling Adolf Hitler’s 3tein KamE/ in fl~at law enlbrcement ()filters are now 2~,000 to 40,000 extremists in the Germany, a x~olation of German anO- dealing M0a situations previously le~ United S~tes~a small ~x~up in fl~c Nazi laws. The Ceuter also helped close na~onal sec~w threes. general population. More problemaOc, 90 hate sites set up duough fl~e "Yahoo Stevan Mitchell of the U.S. fl~ough, me fl~c more fl~m~ 2000 eas~v Club" website-creation tbnnat. "We Depamncnt of Justice refb~ed to accessible hate-speech sites on the’ asktxl fl~e D’oplc at Y,~a(~.com, ’Do w)u 1997 report of the President’s lnternet. "Some of these sites arc haw roles ibr Yahoo Clubs? Do Commission on C~fic~ Infras~cmre targeting ctO(lren ,~s yotug as nine or 10 haw contracts?’ ~ev didn’t Protection, which recognized an xe~> of age." "The Web is not a debating sociew. increasing risk of cvbercrime and To disasm)us results. "[The massacre It’s flaerc tbr marketing and a(lve~sin~. recoll~mended starter measures to at] Coltmabine would not have happened We need to apply pre-Net rules: create improve government asstu’ance without the Internct," said Rabbi a polioT and stick to it," said E~bbi enable the private sector to take Cooper, adding that the Wiesenthal Cooper. "The WiesenflM Center is not protective action, and ove~x’ome legal Center accessed one student g~uunan’s loo~ to rcg~late fl~e Intemet, but it is impediments. computer three hours aRer O~e shooting impommt to put a c~np h~to bate sites. J ef}?ey Hunker, senior (~rector of took place. "Hamis and ~cbold had Amelqcans have a fight not to do business Infrastructure Protection Nationa[ created a version of fl~e game ’Doom’ with fl~ose who promote hate." SecufiW Cotmcfl, admcated pam~ersl~ps that was a pracgce session t~r a mass To illus~ate lais perspective, ~bbi as a means of addressing cTbercrime execution." Cooper rdbrred to the Old Testament. issues. "We are sta~ng a pam~ership in Hate sites allow their creators to have "The store of the Tower of Babel makes which we ~vill recruit co~ege students to a public presence, yet remain detached us question: Should humaniw be in the concentrate in cxbersect~i~ issues, from whatcxwr mayhem may ensue. Such service of technoloD’, or shouhl the understanding that they will work was the case of Niidxxcste~4~ serial killer technolo~ be in se~;icc to humaniw?" t})r d~c government [br a se{ number Benjamin Smith, who was linked to the In closing, E~bbi Cooper quote~ years. In return, fl~c government pays World Church of fl~e Creator ("which scholar Maimonides. "It is a mitm’ah }br d~eir education." really hates Christianity"). When (praiscwoM~y deed) to ask those who He elnphasized d~e need tbr local, questioned by reporters tbllowing come bctbre you h~ judgment, ’~e you national and intcma6on~ agendas on Smith’s shootii~g spree, World Church interested in conapromise?’ If you can cvbersecuritv issues. "Speed~of leader Ma~ Hale stated only ~at Smith get the panics to compromise, you seek tech~olog), o~ poliQ~is the key." had moved away from the ~oup. peace and justice. What ~nd of justice E&tor’s Note: In Febmaff, less" than a Interact ba~e sites appeal to such also includes peace? Gmwomise." momh qfier the cvberc~qme program at the reclusixe "lone wolves," more so than Online hate speech is alarming VBA Annual Meeting, computer vandals mass movements. One bate group’s enough, but the specters of cxbercfime attacked some ~2~ ~he mos~ ~,qde{v-used sites mo~o is "If fl~ere is a flueat to fl~e white and cxbe~en’orism are ewn more on the ]mernet.

10 THE VIRGINIA BAR ASSOCIATION The Assembly at Midpoint

~-ROa~ VBA ST.-~n: REP()RTS

As the 2000 General Assembly In light of a generally positive reaction session reached its midl)oint, there" to the study and to H.B. 1260, but JOIm JUDICIAL ADVISORY COMMI~EE were both positive and cautionary reco~uizinR the need for further notes tk~r the VBA legislative a~enda. refinement in the cun’ent drat~ as well Hoo7 Richard CU Henrico Coun~ Chair A thll accounting, however, rcmaius as possible Vi,ginia Supreme Conrt : HO~. Hunter t3 Andrews; : Hampton over the horizon flom the halfkvav consideration of the Chatman case, Jean clary, point marking this report. Darner and Franklin agreed that Hon. G~W Close, Cu!pep r The major VBA study of the insanity camover of H.B. 1260 until next year ~on, ~osa ~ Dance, ~etersburd det)nse in juvenile" proceedings xvas’fl~e politic course. Thus, this issue :: ...... Glen Huff, resulted in publication of House will remain a VBA prioriW. .... Hon~: ~ay Coles Jemes; Document 60, reporting the The passage of paW ~:ontrol in O~c thou~htthl findings of the hardworkin~ General Assembly has been marked by : Bobbie Kilberg; A/IcZean study ~oup led by VBA President- some ~-o~dng pains in fl~c le~slativ~" George Accomack elect Jeanne Franklin, who chaired process as Democrats and Republicans H P tterson ichmo a ~ind8 Pittm~n, Chesapeake : the study with participation by a range adjust to O~cir new minofiw and majori)’ Phi!!ip C. Stone, a,dgewater ofVBA ~cction and committc~’ leaders status respectively. At t[~e midpoiut, Todd Stottlemye Fairfax and a broad-based advisor)-g~oup (see however, pa,~isalaship has been at a :Joseph Wo fe,.... /Vol’tOl9 list of participants below). moderate level, with the near-record Delegate Karcn Darner (D- volumes of bills and resoluOons perhaps Arlington), a le~slative leader in juvenile leprescn~ng more of a ditlkad)- tbr the Members of the committee of maue~>, Smplx, d in at fl~c last n~nute to Assembly members. la~\Ters and lavmen include former sponsor H.B. 1260, inco~])orating The new Republkan leadership early VBA President ~hillip Stone as we~ as model bill dra~ed by Franklin’s study on took an i,nl)o,~ant posiO~e, ifinterin{, a range of oilier promiuent Vir~nians group. Senator Bo Trt~nbo ( R-Fincastk;) step in accord with lon~ime VBA (see Fist above). The committee and Delegate Bob McDonnell (R- advocaQ of ~eater merit characteristics engaged its initial se~ce in ~e process Virginia Beach) si~ed on as co-patrons. in judicial selection by tbrming a new of assistin~ the General Assembly in The bill would implement a sm~cmre Joint Judicial A{l~ds))7 Committee choosing a new Supreme Court justice rcspousive to the smdv’s major finding chaired by tbrmer VBA Executive and at least one new Cou~ of Appeals that there should be "such an insaniw Committ~(e lnember and Virginia judge. VBA Nominations Committee def[’nse as rifled bv d~e Vh-~nia Amwnm General ~chard Cullen. Chair Tom Farrell (also an Executive Appeals last Committee member) presented VBA recommendations lbr the open seats (sec list on page 12) to the Committee. The names were sent to the House and Senate Corms of Justice Colnmittees as ~vell. Merit selection legislation received t~worable bipa~isan reactions, hut bills by Senator Bill Bolling (R-Hanover) a~ad former VBA President and Delegate Whi~ Clement (D-Damqlle) were deferred until next year pending evaluation of the work o{the infbrmal addsom" committee. Important VBA initiatives and positions in the areas of business law,

ConOhued on n~xt pa..~

NEWS JOURNAL ° MARCH 2000 ql Assembly cont/hued from page ACROSS THE COMMONWEALTH civil litigation, construction law and public contracts, criminal law, domestic relations, health, intellectual Spring and summer conkrences proper~:, the ~udicia~T, wills, trusts and estates, and those relating to the are planned by Association state budget were still pending at Amidst the ice and snow of winter, Law Adviso,-v Committee will join session midpoint and will be covered VBA members and staff are already in the next issue. fo,-ccs t() hold the annual planning contbrences t~r the spring Administrative l.aw Contbrence at the On the cautionaD~ side, new state and summer of 2000. Cro~c Plaza in ~chmond. Details restrictions on legal sen’ices, l~atterned at~cr t~’dcral ones, seemed likely of The spring meeting schedule kicks and programming will be announced off this month ~dth the VBA’s annual at a later date. passage, . Diligent eft~)rts by legal aid Leadership Contbrencc on March 2 Because of the American Bar groups and their allies may have at the Crowne Plaza in Richmond. averted some of the most ollerous Association holding its millennial re’o- This cont~rence, tbr VBA officers and restrictions but legal sen’ices providers part ,~mual Meeting in New York and Executive Committee members, London in July (see page 16), the VBA were in a det~’nsive posture this year. section and committee chairs, and Similarly, while increases in court- Summer Meeting will bc held At%~st appointed counsel t~es in criminal Young I_a~)’ers Division leaders, helps 3-6 at The Homestead in Hot Springs. new leaders thmiliarize fl~emselves with cases seemed liken to be increased, A highlight of the Summer Meeting Virginia will still ra~ak near tbc bottom VBA policies and procedures and schedule xdll be a debate be>vecn this ofl~rs flesh and successlhl ideas year’s LI.S. Senate candidates (and in this respect nationally. section and committee actixqties. Visit the VBA "wcbsitc at tbnner Virginia governors), incumbent ~.vba.org to stay inl~)rmed of April will find two VBA gronps Charles Robb and challenger George General Assembly atriums. O heading "south of the border" Mien. gatherings at The Sandcrling in Duck, In addition to these meetings, the North Carolina. The VBA Yonng VBA Young La~xxers. Division is also VBA RECOMMENDATIONS FOR I.awvers Division Executive planning a number of actidties t}~r the THE SUPREME COURT Con{mittee and Council will meet sprin~, includin~ two "Stop the VACANCY there April 14-16, and the VBA Violence" training sessions for Thomas E. AIbro, BankruptQ~ Law Section xdll hold its advocates for domestic violence Tremb/ay ~ Smith, Char/ottesvi//e annual contbrencc there April 28-30. victims. Hon. Rosemarie R Annunziata, Preliminam infi~rmatiol~ about the For infbrmation on upcoming VBA Court of Appeals of Vi&/~/~, Fairfax Ban~upt~x Law Cont~’rence has been meetings and events, see the Calendar, Hon. Rudolph Bum3ardn~r Ill, mailed to section members; a ahvavs printed on the back cover of Court of Appeals of ~rsin/a, agenda will be sent to them and will the {’BA Ne~s f!~urn~d, or visit the VBA Staunton Hon. Walt~r S. F~lton Jr., be available on the VBA website. websitc at xx~x~v.vba.orv fi~r calendar Counsel to the Governor, On May 25, the VBA Administrative infbrmation and CLE opportunities. Richmond and Suffolk Law Section and the Administrative Hon. Donald W. L~mons Court of A!~peals of Vi&qinia, Professionalism Task Force presentations Richmond are updated to reflect new Code changes VBA RECOMMENDATIONS FOR 17 THE COURT OF APPEALS After conapleting presentations Each group requesting a presentation on l~rofcssionalism and civili~’ to chooses its own combination of VACANCY Virg4nia bar in 1999, the ~’BA Hon. Stanl~ R Klein, groups h?]~otheticals tbr its program. 19th Judicial Orcuit, Fa/ffax Prol)ssionalism Task Force has In addition to the VBA Annual and Hon. William H. LCdbCttCr Jr., completed one and scheduled six more Summer Meetings, presentations have 15th Judicial O?cu/t, Spotsy/vania tbr the first months of 2000. been scheduled [})r the Northern Elizabeth A. McClanahan, Esq., The ethics hypotheticals, which Vir~nia Women Attorneys Association PennStuart, Abinoodon comprise the basis of the program, and the Newport Nc~vs, Augusta Hon. John J. McGrath Jr., have been reviewed and updated in Coun>’, L)aachburg and McLean Bar ~6th Judicial Circuit, Hardsonbu& vimv of the new Virginia Code of Associations. Hon. Michael P. McW~ny, Prot~-ssional Responsibility, which For intbrmation on scheduling a ~ 9th Judicial Circuit, Fairfax took eflL’ct in JanumT of this year. presentation, call (804) 644-0041.

12 THE VIRGINIA BAR ASSOCIATION VBA Section 6, Committee Chairs tapped for 2000 The Vir~nia Bar Association has announced the chairs VSB/VBA Joint Committee on Alternative Dispute of its sections and co,nmittces tbr 2000. Resolution: Barbara L. Hulburt, Riclamond; Access Administrative Law Section: James R. Kibler Jr., Family Mediation, McCammon Mediation Group, Ltd. Richmond; Mezzullo & McCandlish, P.C. NOT~: Hulburt’s term ends June 30, 2000. Bankruptcy Law Section: Keith L. Phillips, Richmond; Awards Committee: David Craig Landin, Richmond; Phillips & Fleckenstein, P.C.. Hunton & Williams. Business Law Section: Robert B. Webb III, Falls Commission on the Needs of Children: Prof. Robert Church; Reed Smith Hazel & Thomas, P.C. E. Shepherd Jr., Richmond; University of Richmond Civil Litigation Section: Stephen C. Price, Leesburg; School of Law. McCandlish & Lillard, P.C. Communications Group: Hon. John ]. Davies III, Construction & Public Contracts Law Section: Fred R. Culpeper; Davies, Barrcll, Will, Lewellvn & Edwards. Kozak, Richmond; Beale, Balfour, Davidson & Executive Committee: J. Edward "Betts, Richmond; Etherin~on, P.C. Christian & Barton, L.L.P. Corporate Counsel Section: Henry N. Ware Jr., Committees on Federal Judgeships: Richmond; Cook, Ware & Hm~vard, P.C. Eastern District, John M. Ryan, Nortblk; Vandexenter Criminal Law Section: ~rof. Roger D. Groot, Black L.L.P. Lexington; Washington & Lee University School of Law. Western District, Robert C. Wood III, Lynchburg; Domestic Relations Section: Glenn {7. Lewis, Fairfax; Edmunds & Williams, P.C. The Le\~qs Law Firm, P.C. Committee on Honoring Members &_Judges: John S. Elder Law Section: Greet P. Jackson, Richmond; Barr, Richmond; McGuire, Woods, Battle & Boothe, Spinella, Owings & Shaia, P.C. L.L.P. Environmental Law Section: Don G. Scroggin, Judiciary Committee: John Barry Donohue Jr., McLean; Gabeler, Battocchi & GriK~s, L.L.C. Richmond; Reynolds Metals Company. Health Law Section: Richard L. Grief, Richmond; Committee "on Legal Education &_ Admission to the Max’s & Valentine, L.L.P. Bar: Michael J. Quinan, Richmond; Woods, Rogers & intellectual Property Law Section: Marshall M. Curtis, Hazle~ove. Reston; V~qaitham, Curtis & Vv’hitham, P.C. Membership Group: William E. Rachels Jr., Norfolk; Judicial Section: Hon. Tristram T. Hyde IV, Judge, Willcox & Savage, P.C. Lancaster General District Court. Committee on the Needs of the Mentally Disabled: Labor Relations & Employment Law Section: Thomas Matthew D. Jenkins, Richmond; Hunton & Williams. M. Lucas, Norfolk; McGuire, Woods, Battle & Boothe. Committee Nominations to Virginia Commissions &_ Law Practice Management Section: Janet Singletary Appellate Courts: Thomas F. Farrell If, Richmond; Thomas, Richmond; Williams, Mullen, Clark & Dobbins, Virginia Power. Professionalism Group: Thomas E. Spahn, Richnaond; Real Estate Section: Hugh T. Harrison If, Richmond; McGuire, Woods, Battle & Boothe, L.L.P. Williams, Mullen, Clark & Dobbins, P.C. Section &_ Committee Development Group: Frank A. Taxation Section: D. French Slaughter III, Thomas III, Orange; Shackeltbrd, Honenberger, Thomas, Charlottesville; McGuire, Woods, Battle & Boothe, LL.P. Willis & Gregg, P.L.C. Transportation Law Section: Patrick M. Brogan, Committee on Special Issues of National &_ State Norfolk; Darer & Brogan, P.C. Importance: Hon. Gerald L. Baliles, Richmond; Hunton Wills, Trusis & Estates Section: Peter M. Huber, & Williams. Norfblk; Willcox & Savage, P.C. Substance Abuse Committee: Thomas O. Bondurant, Access to Justice Committee: Robert L. Brooke, Richmond; Bondurant & Benson, P.C. RichlTlOl-ld; l~/lavs & Valentine, LL.P. Chairs of Young La~’ers Division committees wil! be announced in an upcoming issue.

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NEWS JOURNAL . MARCH 2000 13 Ingold, Anthony 6, Gibson lead VBA/YLD Harman-Stokes elected Potomac rep to VBA/YLD James v. lngold of Faid~x became chair of Executive Committee the VBA Young Lm~*ers Kaflaerine Hannah-Stokes of Hogan Division at the ~BA & Hartson, L.L.P., in McLean was Annual Mccting in dccxcd u) represent fl~e P~m)mac Re, on Colonial WilliamsbmN in on the VB~,D Executive Committee,

J anua~. succccding C. Vaughan Gibson, at the Also ta~ng oflk’e were VBA Annual Meeting in Jamtat3. Daxid N. Anthony of L-R.. ~000 VBA~LD Cha/? James V. In,~old of Fa/ffax,. Cha/?- Harman-Stokcs, co-chair of the Norfi)lk, who bec:amc elect David iV Anthony of Norfolk,. Secreta/?///-reasurer award-winning VB,~’LD Domestic chair-elect aIier se~Mng C Va@han Gibson of A4c/~an Violence Project and recipient of the as secreta~w/treasurer in 1999, and C. VBA Professionalism Task Force Emerson G. Spies AwaM t)w enthusiasm Vaughan (~ihson of McLean, who was \Vorking Gronp. and dedication to the VB.gq’LD’s work, elected secreta~w/treasurer of the Gibson is an associate wiO~ Mars & is a graduate of American Llniversi> Division after representing the Valentine, I_L.I~., practicing in the area and the LlnivcrsiD of Virginia School ~;t Potomac Region on the VB~’LD nf real estate finance developlnent. A Laxv. Executive Committee. ~-aduate of the College of William and in addition to the oflk’ers, llnmediate Ingold is an associate wifla Cha&dck, Ma~w and the Washin~on and Lee Past Chair Philip W. Parker of Roanoke, Washin~on, Olters, Moriara~ & Lynn, Uni(’ersiW School of Law, she has se~cd and Harman-Stokes, the VB~YLD P.C., practicing in the areas of cidl on 0~e V~,~’LD Executive Commi~ec Executive Committee fi~r 2000 includes litigation and commnniw association since 1997. In addition, she has Charles G. Meyer, III, Capitol; law. He is a gradnaie of Duke coordinated VB,~’LD liaisons to flae Christopher Bovnton, Tidewater; UniversiW and the College of William VBA substantive law sections, chaired Melissa Amos Young, Valley; and at- and Mma3s MarshalI-Wvthe School of fl~c Non,hem Vi~nia Mentor Prodam large members Stephen D. Otcro, Stac~ Law. H] has sened on’the VB.~’LD Committee, and co-chaired the Law C. Taylor, Monica L. Taylor, ~ng ~. Executive Committee since 1993, and School Haison Conmai~ee. She is also a Toxxer, Edward B. Walk£’r, and Maw was the Division’s chair-elect in 1999 meml)er of flae VBA Real Estate SecfiCm. CaO~c~ine Zinsner. and secreta~’/treasurer in 1998. He has chaired the VBA/YLD Legal Semices to the Public Committee and Barnes, Otero receive VBA/YLD honors the Northern Virginia Pro Bono Hotline Committee. He is a member of the VBA BankruptQ Law, Civil Litigation and Real Estate Sections. Anthony is a partner in Kauflnan & Canoles, ~.C., practicing in the areas of commercial litigation, local government law, consmmtion litigation and government contracts. He is a graduate of Virginia Tech and XVashin~on & Lee Universiw School of Law and has scncd on tJ~e VB,~ YLD Executive Committee since 199 Artisan I. Barnes///of Gardner, Carton 6" Doudlas received the YlD Fellows Award Hc has chaired the VB~YLD (/) and Stephen D. Otero of A4ays 6" Va/entzne rece/ved the Emerson G Sp~s Jr Prot~ssionalism and (’idli~’ in Practice Award (~) from 1999 VBAv’)/ZD Cha/? Philip V/ Parker at the VBA Annual Meet/n~ Committee, the ABA "Awards of Barnes, cha/? of the Model Jud/~/~/?/ Program Committe~, was honored for h/~ Achievement Colnmittee, and the outstand/)?d Ions@7?e service to the Div/}/on; Otero, a YLD Evecutive Comny/ttee Tidewater Pro Bono Hotline /77e/??ber who also cha/?ed the D/~’/s/on’s DiSaster l eda/ Ass/stance Committee and Conmfi~cc. He is a member of flae VBA prepared the VBA/Y/D entries in th~ American Bar Association Awards of Achievement competition, was recodn/zed for his enthusiasm and d~d/cat/on to Public Contacts Sections, and of the work of the VB~LD.

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VBA 2001 Annual Meeting January." 18-21,2001, Williamsburg Lodge & Conference Center For more information about any of these events, please call The Virginia Bar Association office at (804) 644-0041, or ~qsit VBA Online at l~ttp://w~vw, vba.org.

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