JOURNAL...2––Fairfax Bar Journal • July 2008 FAIRFAX BAR JOURNAL Official Newsletter of the Fairfax Bar Association 4110 Chain Bridge Rd., Suite 215 Fairfax, VA 22030 Telephone:

Newsletter of the Fairfax Bar Association www.fairfaxbar.org July 2008JOURNAL

I will miss David Stitt. I have always admiredDavid, Liz, and their children. Judge DavidStitt was a good colleague, a friend, and anally. He was a first-rate trial judge and a verypractical thinking judge. He used his soundjudgment about the law, common sense,and his empathic understanding of thelimitations of human nature as a judge.He understood that young people makemistakes, there is never enough money togo around in a divorce case, and bad peoplego to prison to keep the rest of us safe. Henever forgot where he came from, and hecould identify with the underdog. He useddisciplined compassion as he worked hisway through cases.

I served with Judge Stitt on the Virginia StateBar Council for about five years and as acolleague on our Fairfax Circuit Court for sixyears.

We enjoyed many good times and conver-sations. He had a wide array of interests anda diverse group of friends. For several years,we had a tradition of getting in a car withJudge Wooldridge, Gerry Treanor, and BillDolan and going to a major league baseballgame. We rode to Camden Yards, we toldstories, and we laughed at ourselves. Heexposed me to adventures as well. He tookme canoeing on the Shenandoah River. Ihad never been in a canoe before so he gaveme a quick lesson “Paddle and steer left.You’ll be fine.” He told me to steer left toavoid the rapids. Of course, I steered rightand promptly flipped the canoe with my15-year-old mentee Christopher, and we gotsoaked. He pulled us out of the river. “Didn’tI tell y’all to steer left?” Me: “I thought youmeant this way, not that way.” Thus, the“Tough Man Club” was born.

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Remembering the Life and Times of

THE HONORABLE DAVID T. STITTFairfax County Circuit Court Judge 1995 - 2008

Friends, family, and the legal community of Fairfax County gathered at a Memorial Service on Sunday,June 8, 2008, in Courtroom 5J, to remember Judge David T. Stitt. Judge Stitt suffered a heart attack and passedaway May 10 while on vacation in North Carolina. He was 65. Judge Stitt is survived by the loves of his life, forwhom he always found time, despite his heavy work (and play) schedule––his wife Liz, daughter Rachel, andson Samuel.

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TRIBUTETO JUDGE STITT

Special Memorial Edition

MEMORIAL EULOGIES FOR HON. DAVID T. STITT

We need people in our lives whose perspective, whose view of the world is just a little bitdifferent. They’re rare. We treasure their humor; their insight is unique; their absence isgreatly missed. So it is with our friend David.

With over a dozen years on the bench following more than 20 years of service to the Stateand Fairfax Bars, the stories about David at the court and among lawyers are legion. I wantto tell you just one because I can tell it in mixed company (barely) and because of what itsays about him. During the first half of her clerkship, his current Law Clerk, Kathy Waldy,was talking to him about a legal issue and she mispronounced a legal term. (Ms. Waldyshared this story with me after David passed away, so I’m not telling tales on her). Ever thesensitive and diplomatic boss, David said, “What did you say? You sound like a dumb ass.If you pronounce it like that, they’ll think you’re a dumb ass. Do you hear me?”

Either because she was new to David’s style of management, or because relative to Davidshe was what we would call normal, Ms. Waldy was a bit unnerved. So she called two of hisformer law clerks who she knew he was close to and shared her concern. They eachadvised her that while clerking they had mispronounced a legal term, and that he hadcalled them a dumb ass as well. That made her realize she was part of a special fraternity.

Photo courtesy of Stirling Elmendorf Photography

By Hon. Robert W . Wooldridge, Jr ., Fairfax County Circuit Court:

2––Fairfax Bar Journal • July 2008

FAIRFAX BAR JOURNALOfficial Newsletter of the

Fairfax Bar Association4110 Chain Bridge Rd., Suite 215

Fairfax, VA 22030Telephone: 703-246-2740

Fax: 703-273-1274Email: [email protected]://www.fairfaxbar.org

Officers 2008/2009

President ............ Julie H. Heiden ............ 703-218-4410

President-Elect ... Corinne N. Lockett ....... 703-324-2421

Vice-President .... David J. Gogal ............. 703-691-1235

Past-President .... Daniel H. Ruttenberg .... 703-790-1900

Treasurer ........ William P. Daly, Jr. ...... 703-790-1911

Secretary ........ Kelly Sweeney Hite ...... 703-766-0732

Gen. Counsel ... Brett A. Kassabian ...... 703-750-3622

Board of Directors 2008/2009

David A. Hirsch ................................ 703-934-2940

Linda M. Jackson .............................703-760-1600

Douglas R. Kay ................................ 703-883-0880

David L. Marks .................................703-352-6400

Jay B. Myerson ................................ 703-715-9600

Jennifer R. Porter ............................ 703-359-8620

Robert B.Walker ...............................703-437-5128

Edward L. Weiner ............................. 703-273-9500

Executive Director/EditorYvonne C. McGhee • 703-246-2740

email: [email protected]

Communications CoordinatorKristin Derlunas • 703-246-3721email: [email protected]

Journal Advertising/Graphic DesignAnn Hill Thornton, RODANGraphics

301-338-2755 • email: [email protected]

All articles or advertising submitted to theFairfax Bar Journal are subject to the

editor’s approval. The editor reserves theright to reject any submissions that,

in the opinion of the editor,are inappropriate for the Journal .

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He impacted the profession in manyways as a Bar leader and Fairfax CountyAttorney. Many years ago before there wasagitation, he sought out and hired a diverselegal staff for the Fairfax County Attorney’sOffice. He also worked with Dolan and mewhen we ran a minority law student law clerkprogram 20 years ago. Quietly, David hiredthree students during the program as Irecall. The students were smart, and onestudent had a distinct Southern accent, andhe loved it. Two of the students later becamejudicial law clerks. Today, one of thesesuccess story students is a judge of aJuvenile Court in Northern Virginia. He didthis without fanfare because “Aw shucks,Gerald, it’s just the right thing to do.”

He was blessed to meet and marry Liz, thelove of his life, and to have smart children.He would say the kids got their intelligenceand beauty from Liz’s side of the family. Iagree. David’s son is about to compete inthe Beijing Summer Olympics.

He would probably say this note was toolong. I can hear him now, “Hey Gerald, cut itoff, aw right!”

Judge Gerald Bruce Lee

Judge Stitt was an honorable man, and I amdevastated by his passing. He was alwayswarm, kind, and extremely instructive towardme, especially early in my career. I enjoyedbeing before him in court because he wasalways fair and extremely polite. A truegentleman by every definition of the term.Judge Stitt will be sorely missed. I grieve forhis family and send my thoughts.

Linda Smith

I served as a Law Clerk to Judge JonathanC. Thacher in 2005-2006, and through thatclerkship, met Judge Stitt. I always enjoyedtalking to him, as he was, as many havenoted, extremely down to earth and devoidof pretension. He was a straight talker, witha great, dry sense of humor. I felt I could bemyself around him, which was very comfort-ing to me as a law clerk and new lawyer.He will be missed.

Michael L. Chang

I, too, will miss Judge Stitt. Whenever Irealized he was going to be my judge, I toldmy client “We’re in good hands.” My firstencounter with Judge Stitt was right after hecame to the Circuit Court bench. He wasdoing his first assignment as calendarcontrol judge, and apparently someone hadschooled him that continuances weregranted sparingly. After stating my grounds,he hesitated, then said (verbatim) “Aw right,Welp, Mr. Druuuummon’, Ah’m gonna grantthe continyance, but I want y’all to back meup when I get a bunch of shiiiiit.” That is trulyword for word. We all have lost a truly greatguy.

Brian C. Drummond

Judge Stitt was one of my favorite judges.He always gave the litigants a very fair andimpartial trial. I always left his courtroombeing grateful that we were so fortunate tohave a judge like him on the bench. I can’tremember any client of mine who came awayfrom his court not feeling like they had hadtheir day in court, and that a caring, thought-ful judge had really listened to them evenwhen he may not have ruled entirely the waythey would have liked. Judge Stitt will indeedbe missed!

Dorothy Isaacs

David Stitt was one of the finest men that Iever knew and the best boss I ever had.David epitomized the concept of a “stand upguy.” David reliably, day after day, did theright thing as he saw it, and his judgmentabout what was the right thing to do was waybetter than most.

When David was the County Attorney, hemade sure that when an assistant countyattorney did something good, he or she gotcredit for it with the County Executive andBoard of Supervisors. Conversely, when oneof his attorneys had to take a position thatDavid knew was going to be unpopular withthe Board, he gently and subtly would makesure that most of the heat was redirectedtowards him and away from his subordinate.

David also was one of the most inherentlydemocratic people I have ever known.Everybody got treated equally and withrespect as a human being. David didn’tdistinguish socially between senior attorneysjunior attorneys, and support staff.Everyone got invited and included and wasmade to feel that they were important, andtheir contributions valuable. He made me abetter person by his example.

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July 2008 • Fairfax Bar Journal––3

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MEMORIAL EULOGIEScontinued from page 1

I tell that story for two reasons. First, itreminds us that David did not change whenhe became a judge. From salty language tohis unique turn of a phrase, he remained trueto himself. Second, no judge on our courtwas held with more affection, loyalty, andrespect by those who worked for, and withhim. His law clerks, court clerks, deputies,court staff––there was a special bondbetween David and them. It was mutual, andit was genuine.

As a member of the Bar, David was aconstant source of ideas and a wonderfulsounding board. As a judge, he expectedlawyers to be professional and well-prepared; he demanded no less of himself.As a colleague of ours on the bench, he wasa close friend, and is irreplaceable.

He loved Liz, and he adored Rachel andSam. He followed Rachel to Japan andwas going to follow Sam to Beijing inAugust. He’ll still be in Beijing with Sam inspirit.

If you own stock in the company thatmakes Texas Pete’s Hot Sauce, or inAnita’s Mexican Restaurants, you should

sell immediately. Their gross revenues willsoon plummet.

The Young Lawyers Section of the FairfaxBar Association named their fall volleyballtournament in David’s honor a few yearsago. They can now count on that tourna-ment being shorter. A match was alwaystwo out of three games, but if David’s teamwas behind it was three out of five, or fourout of seven, or whatever was needed.

The week that David passed away Ihappened to go to an exhibit of WinslowHomer paintings. Homer was best knownfor his New England seascapes and theway the sun plays on the water. Homersaid, “The sun will not rise or set withoutmy notice, or my thanks.” That describednot only Homer’s work but also his life.That also describes David. He loved thewater, whether on the beach at Topsail, orin a canoe on the Shenandoah River, orfishing with family on an Arkansas lake, ordefending his volleyball title on the sandat State Bar meetings at Virginia Beach.He lived life to the fullest, and alwayslooked forward to the next day. The “nextday” at court started at 10:00 a.m., andDavid customarily pulled into the judge’sparking lot at 9:58, so I doubt he saw many

sunrises. But walking on the beach atsunset, with a glass of wine in one handand Liz’s hand in the other, with Racheland Sam nearby, and an old paperbackbook in his back pocket––that was a per-fect day for David. And that is the way weshould remember him.


Judge Wooldridge rolled up hissleeves as Judge Stitt often did

when giving speeches.


Being on the tall side, I also spent manyyears playing volleyball with David. Lots ofpeople know how enthusiastic David wasabout recruiting people for all kinds ofrecreational activities. He was a force ofnature, very hard to turn down.

Anyone who ever played any sports withDavid also knows that he was verycompetitive. I remember when he, I, his wifeLiz, and some other friends played for a fewyears in an organized volleyball league.Each co-ed team would have six players onthe court, alternating men and women. I stillsmile when I remember one time Davidwanted to change our lineup so Liz wouldbe between him and me. She refused on theground that the two of us were such ball hogsshe was afraid of getting killed if we bothwent for the ball.

I will miss David terribly. My world was abetter place when he was in it, and I knowthat’s true for a lot of other people too. We’veall lost someone truly special. My heartfeltcondolences to his family.

Jim McGettrick

The last jury trial that I had was before JudgeStitt. As a lawyer, you feel like you learn alittle something about a judge when you sitwith him or her in trial for a few days. JudgeStitt seemed skeptical about my case at firstand I felt like I had to win him over. While Idid not agree with all of his rulings duringtrial, I think that he conducted a fair andbalanced trial. I say that not just becausethe trial result went my way; but becausethrough it all, I came away feeling that hefollowed the rules of evidence andprocedure. As an African-American triallawyer in Virginia, what I most hope forgoing into trial is a trial judge that will try thematter “straight up” without leaning towardone side or the other. To that end, I haveto say Judge Stitt was “straight up.”Condolences to his family and colleagues.

Malik K. Cutlar

I was fortunate enough to work for JudgeStitt at Venable. He taught me how to writeand taught me so much about life. He was abreath of fresh air, with his rolled-up sleeves,Texas drawl, and direct style. (He was the

greatest driver I’ve ever been in a car with).He was a great man in every respect.

Julian Brown

Upon arriving early to my first YoungLawyers’ Lawyerpalooza, I saw Judge Stittsetting up the volleyball court by himself onthe side yard. I went to help him and eversince we had a friendship and bond basednot so much on the trials I had before him,but mostly based on volleyball. My team lostto his team that year and the next yearbecause Judge Stitt’s teams never lost. Hislove for the game and the way it allowed himto have that same bond and interactionwith so many young attorneys compelled usto name the tournament trophy for him. Inanticipation of Judge Stitt’s phone call, I hadalready made reservations for the VSBconference in June, solely to play volleyballwith him. My condolences to the family ofthis very special man.

David L. Marks

I honestly enjoyed appearing in front ofJudge Stitt. He was always kind, respectful,and very courteous to anyone whoappeared in his court. He liked people in allshapes and sizes, and with all kinds ofproblems. He was always very fair,impartial, and willing to listen. He was alwaysdecisive and his rulings were very fair. Henever let anybody feel that they did not gettheir day in court. He could respectfullydisagree with your position without beingdisagreeable. All who practice in Fairfax willtruly miss Judge Stitt. I also liked the factthat he continued his attendance at Barfunctions after he became a Judge. As apast President of the Bar Association, heunderstood the importance of Baractivities and collegiality. May God bless himalways and his family.

Bill Schmidt

We have lost a fair, decent, and kindmember of the bench in Fairfax with thepassing of Judge Stitt. He was respectfulof all who appeared before him, litigants andlawyers alike, and I will miss him.

Something I particularly remember andadmired about David Stitt occurred when hewas President of the Fairfax BarAssociation. We, on the District CourtCommittee, came up with a proposal toestablish a Public Defender for FairfaxCounty to counter the low statewide fees for

court-appointed attorneys, and enhance thelegal services available for indigentdefendants in the county. David mentionedthe work we were doing in his President’smessage in the Bar newsletter, not just once,but every month, so that there was totaltransparency about the project, and so thatall attorneys could weigh into the debate ifthey so chose.

After the Bar Board of Directors approvedthe plan, David saw to it that we hadaccess to the members of our delegation inRichmond to explain and lobby for theproposal. It passed the legislature that sameyear, along with PD offices in Alexandriaand Winchester, whose Bars had asked topiggyback on our proposal. It was a goodidea but David saw to it that it wasaccomplished in a fair, impartial, and openmanner. My prayers go out to his wife andfamily.

Thea Rossi Barron

I worked as a Clerk in Case Tracking at theCircuit Court and I enjoyed being with JudgeStitt doing Scheduling Conferences at 8:30a.m. He was always kind, polite, and treatedeveryone with respect. He will be missed.

Theres Mary Opoku-Boakye

I was shocked and saddened to hear ofJudge Stitt’s passing. I always enjoyedappearing before him because he had awonderful sense of humor. Judge Stittalways found a way to make lawyers andlitigants alike, feel comfortable in his court-room. I admired the fact that he called a caseexactly as he saw it, and there were nosurprises. I felt very comfortable in his court-room because I knew he would be fair. I willdeeply miss him and the way he would say,“Ms. Wilson,” with that famous Southerndrawl. He was a delightful judge and myprayers are with his wife and family. To theStitt family, I say, thank you for sharing himwith the residents of the legal community ofFairfax County. We loved him dearly. Mayyou find comfort knowing that he touchedthe lives of so many individuals.

Deborah A. Wilson

I have worked for/with Judge Stitt for 11years. He was one of a kind and will bemissed very much here.

Drew Kassick

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By J. Hamilton Lambert, Former FairfaxCounty Executive:

Good afternoon. My name is J. HamiltonLambert. For those of you who don’tremember me, I used to be short, fat, andbald.

I hope you will excuse me if I appear a bitnervous but who wouldn’t be:

• standing in a huge courtroom;• wearing a suit;• in front of a bunch of judges.

I have decided to take a different approachto today’s proceedings and I hope it doesn’toffend you.

But I have written a letter to David, which Iwill now share with you.

Dear Dave,

I am writing slow because I know that’s howyou think––I was saddened to hear you hadunexpectedly left the area.

You will note that I have sent this letter to twodifferent addresses, not being privy to your exactlocation.

I expect, like myself, you probably would preferthe climate in one over the other but would notknow as many people.

I was just thinking the other day what I shouldwrite to you about. Should I praise you for your:

• wonderful character;• devotion to family;• outstanding legal career, and various other

accomplishments? NO WAY.

Instead of all of that, I thought I would write toyou about a few memories we have shared alongthe way. I know I am going to miss some, but wecan talk about those later.

I remember when former County Attorney F. LeeRuck approached me about hiring you “sightunseen” and after that discussion, I said, “goahead...”. I NEVER REGRETTED THATDECISION.

I do, however, remember when he brought youup to my office for the first time to meet me, Isaid to myself, “Self, this guy talks and looks likea Southern Ichabod Crane”––plus, you immedi-ately had two strikes against you.

FIRST, you were two feet taller than me, andbeing vertically disadvantaged most of mylife, I have always been leery of tall people.

• Lorton Agreement.Strengthening county control, obviouslyno longer necessary.

• Upper Occoquan Litigation. Still intact.

• Government Center Agreement.A Commonwealth model, both legallyand financially.

Not to mention the constant assistance you andyour staff provided to the governing body,the county staff, and yours truly. But mostimportantly, unbeknownst to you, everyone waswatching you grow and develop.

One day you came into my office and announcedthat you were going to marry Liz. I was dumb-founded! Why in the world would a beautiful,charming, intelligent woman even considermarrying a Southern clod like you? Then I realizedsomeone out there was watching over you. Whenthis pair was formed, the results––it goes withoutsaying––were phenomenal.

Yes, all during the 80’s we worked and grewtogether––you professionally, me in size.

Parts of that 10-year span and its highs and lowswill never leave our minds––from the formalityof the courtroom through the frivolity of theCounty Attorney pool, tubing, and raftingparties––we all have memories to cherish.

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SECOND, you talked slower than I did, and to atrue Southerner that always sets off an alarm,i.e., “who’s slicking who.” Nevertheless, I hadto play the cards I had drawn.

Shortly after that I began to realize that you hada couple of traits that I personally admired––just a couple.

Number 1. You didn’t play politics with thegoverning body. Everyone was treated equally,i.e., since you hated politics, you treated everypolitician equally bad, but you also, to yourcredit, always treated the governing body as yourmost valuable client.

Number 2. You gave your opinion straight. In fact,sometimes you were asked to further clarify yourlogic and position when you said things like:

“That’s illegal, Jack or Audrey”- chastising twoindividuals who were not used to hearing thattype of response; or

“No way.” I always liked that one. It was agentlemanly way to stop a debate.

And lastly, “Are you all crazy?” Sometimes thatwas just a little bit indelicate.

When the time came to select a new CountyAttorney, certain members of the governing bodysolicited my opinion, but if the truth be known,that was just a courtesy. They already knew youwere their unanimous choice.

Thus, began the saga of the 80’s and, as youoften said, you joined the “round table.” Agroup that evolved into Pat McDonald, VerdiaHaywood, Dick King, Tony Griffin, JeanVanDevanter, Ted Austell, Ester Oschman, you,and yours truly.

It was amazing that the governing body hadentrusted the running of the top county govern-ment in the nation to such a confederation ofmisfits, but somehow, for 10 years, we muddledthrough.

Speaking of when you took over as CountyAttorney, you inherited a group operatingsomewhat less than a well-oiled machine, and itwas great to watch you spread and utilize yourSouthern charm in a way to begin improving (1)morale and self image; (2) professionalism; and(3) quality and effort. I will never admit it to yourface, but you did a super job.

As the years evolved, you and your staff wereable to assist the governing body in numerousdecisions. Some major ones to name a few, were:

• Metropolitan Water Supply Agreement.A landmark document, still intact.

• Blue Plains Agreement.A regional first, still intact.


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I clerked for Judge Henry Hudson during partof his tenure on the Fairfax Circuit Courtbench. I tell this story with some apologiesto Judge Hudson, who, like Judge Stitt, isan extremely fine and capable judge. Once,while I was meeting with Judge Hudson inhis chambers, Judge Stitt strode in andasked, “Henry, who types your memos?”Judge Hudson sat up straight in his chairand said, “I do.” (He had recently startedpracticing his typing and was kind of proudof it). Judge Stitt nodded to me and said,“Just makin’ sure it wasn’t Lisa.” He turnedback to Judge Hudson and asked if he usedspell check. I think Judge Hudson said hedidn’t need spell check. Judge Stitt saidmaybe he should try it, because “it might helpwith some important words...like your name,Judge Huson.” And dropped the memo onHudson’s desk with Judge Hudson’smisspelled name highlighted. Judge Stittwas a class act in every way––not least forhis sense of humor and down-to-earthmanner, as many have already noted. Mycondolences to his family.

Lisa Mackem

I first met him when we were both membersof Bar Council. He saw something in areport that just wasn’t right. It wasn’t a smallthing, it was a big thing. And he said some-thing about it. He made his point VERYclearly. Anyone who knew him, knows whatI mean. The Council saw that he was right,and a monumental change came about.Who knows what might have happened if asmaller voice had raised the issue? Anothermemory: at Virginia Beach for the annualState Bar meeting, I thought I had assembleda pretty good volleyball team. There is noneed to finish this particular story. You knowwhat happened when we encountered theStittinator. He consistently excelled in every-thing. It was a pleasure to appear before himin court. I can’t say I won every time, but Icould always count on wise and impartialjustice. And he brought real life wherever hewent. When we recall him, there will besorrow, because he will be missed. But therewill be a smile too.

Jim Korman

I had the gift of being Judge Stitt’s court clerkfor 12 of the 13 years he was on the bench.I hated to leave him but he was understand-ing and supportive of my decision. He was awonderful man. I still cannot believe such acommanding presence is gone. He taughtme so much, and was there for so many mile-stones in my life. He was the first person Ispoke to on the phone after my daughter wasborn. I will miss him everyday.

Dianne Smith

Judge Stitt was a great person. It is a greatloss for the courthouse, he will be remem-bered. My condolences to his family.

Shobha Jayakumar

Little did I know when he hired me in 1980that David Stitt would have such a greatinfluence on my life. I joined the FairfaxCounty Attorney’s Office at that time and hadthe great pleasure to work with David for over11 years. David was a great colleague andbecame a great friend.

He insisted on quality legal work every singleday, regardless of the importance of the caseor the stature of the client. David was a greatboss, as he always defended his attorneysand staff, even when it was not politicallypopular to do so.

David loved sports as much as anything.When he invited me to join him on a softballteam that played at Hains Point in Washing-ton, there was no way I could say no. Wehad great times playing softball, and Davidwas quite proud that our team won theleague championship in the early 80’s. Itshould not be a surprise to anybody thatDavid played pitcher. The team wascomprised of a bunch of David’s friends.David also had a great sense of humor. Weteased him that the County Attorney’sOffice softball team won two Countyemployee league championships in a row inthe 1980’s without him––he was on vaca-tion both years. He would not take offense,as he would simply smile and take credit forwinning the championship while on vacation!

When our softball team downtown got tooold to run the bases, we concentrated ontennis. David was a great tennis partner,highly skilled with the “Stitt spinner,” and onewho always was gracious to his partner ifthey made a mistake. As with any sport heplayed, David was very competitive. Weused to joke that if he lost the first set, hewould be quick to declare that the secondset would be “for all the marbles.” The friendsDavid introduced me to on the softballdiamond and tennis courts are now good

friends of mine, and the spirit of David Stittwill live with us as long as we get together.

David hired me to become a local govern-ment attorney many years ago and made itclear to me, and all others, that it was awonderful thing to do. He was one of theleaders of the Local Government Attorneysof Virginia (LGA) for many years, and theimmense respect that LGA members havefor him is palpable whenever his name ismentioned in those circles.

David was truly one of a kind. Smart,ethical, straightforward, friendly, unique, andgenuine are some words that merely scratchthe surface in describing David Stitt. Thequalities David brought to this life will live fora long time in all who knew him––he rubbedoff on people, and his friends and admirersare countless. He packed a lot of energy andfun into his years with us, and I considermyself lucky to have known him.

Pat Taves

As many were, I was shocked by the newsof the sudden loss of Judge David Stitt. I firstmet Judge Stitt 25 years ago when I was alaw clerk in the Fairfax County Attorney’sOffice. In spring, we would play softballgames. David would bring his family to thegames. At that early point, I learned twothings about David Stitt: his competitivenesson the sports field and his devotion to hisfamily. Some years after my clerkship, Davidjoined our Monday night volleyball crew. Asothers have mentioned, he was verycompetitive in volleyball, and he was notabove the occasional taunting either. Thatwas not limited to the opposition. When I wason the same team as David, and would makea bad play, I would hear “Goshdarnit David,THINK!”

Judge Stitt was also the marriage celebrantfor Leslie and me. He took the time with usto make sure we had a ceremony perfectlysuited to our needs. Upon his recommen-dation, we used his son-in-law as ourwedding photographer. David’s daughteralso attended the ceremony. Once again, hisdevotion to his family was evident. David wasalso very proud of his son’s accomplish-ments in qualifying for the Olympics.

For Leslie and me, Judge Stitt will alwaysbe an important part of our family. I will alsomiss his decency on the bench. AndMonday night volleyball will never again bethe same without his towering presence,thick Texas drawl, and wonderful spirit. Onbehalf of Leslie and me, our deepestcondolences to Liz and to the rest of thefamily.

David Hirsch





But wait, I digress. I would be remiss not tomention over all of our years of association, weonly disagreed twice. To tell the truth, I think youwere right once, and I was right the other. Let’scall it a draw.

When we both left the county in 1990, I thought“Where do we go from here?”

Then I got a call from you saying “I’m gonna goafter a judgeship.” That was a real wake-up call.We discussed this several times, and I mustadmit I had some question about your potentialcourtroom demeanor.

• First - your shyness might be adisadvantage;

• Second - your reluctance to clearly voiceyour opinion could prove a problem; and

• Third - you would look funny in a robewith a rubber band around your wrist.

However, I said, “How can I help?”

The rest is history and, as we Southerners say,“You done real good.”

In closing, I know you have been receivingcompliments from members of the Bar andothers. Just don’t let it go to your head. Justremember the higher a monkey climbs, the moreyou see his butt!

I also know in your absence we are gong to bewatching over Liz, Rachel, and Sam, andhopefully, provide them with our insights.

Hope this letter finds you happy. See you later.

Your Friend,J. Hamilton Lambert

P.S. As you would tend to say to me after a nightof partying, “Damn son, you left too soon.”



I was fortunate to have shared an office withJudge Stitt for the last four years as JudgeFinch’s court clerk. Judge Stitt had a greatsense of humor and was an extremely kindman. I always knew I could go to him with aquestion or a problem, and he would behappy to help me. I will miss the echo of hisdistinctive laugh in our office. I am so gladthat I got to know him and will miss himgreatly.

Kelly Hartle

My memories of David begin in 1981 at LGAconferences––playing poker in a hotel roomwith 10 of us crowded around the bathtubfilled with beer. He was a real person. Seemslike everything he did was bigger than life––which is why it is hard to accept that he isgone. I had great respect for him as a juristand a person––may he be in peace.

Barbara Beach

I clerk for Judge Roush but have had theprivilege to clerk for Judge Stitt. When Isupervised the criminal section, I would goto Judge Stitt with questions and he wouldsay “Wendy, what would you do in thissituation?” I would explain to him what Ithought I should do, and he would say, “Wellthere is your answer, and if you have anyproblems with counsel, you just let me knowand I will back you up on it.” I will miss himso much and I have always had the greatestrespect for him. He will be missed by every-one! My condolences to his family.

Wendy Ruffin

I echo the comments of all who admiredJudge Stitt for his straightforward approachto life and to his duties as a judge. I alsoenjoyed his sense of humor, especially whenhe was presiding over an hour’s worth ofotherwise boring uncontested divorce cases.Once he told a litigant he could not believeshe had grown children because she justdidn’t look old enough! Another time, hecongratulated an Army Captain on his“railroad tracks” (the parallel silver barsindicating his rank). Judge Stitt was acourageous jurist when courage wasneeded, but never lost the human touch that

smoothed tensions in his courtroom. We willmiss him.

Laurie Forbes

Judge Stitt leaves a legacy for havingtouched so many lives in such a positive andpersonal way. He had excellence in know-ing what goals to pursue in a particular case,and excellence in choosing the means toaccomplish those goals. He listened to myarguments with such patience and treatedme with respect. For that, I will always begrateful. I am proud to have had the oppor-tunity to practice before him. I will miss himvery much.

Andi Geloo

David Stitt’s professional life was devotedto public service. Every citizen of Fairfaxshould be grateful for his nonpartisanmanagement of the County’s legal business.Few realize the volume and significance ofthe work piled on the desk of the FairfaxCounty Attorney and his staff. David Stittwas certainly the right person to direct thehandling of that work to the people’sbenefit.

Judge Stitt’s later service as a Circuit CourtJudge was, likewise, marked by more thanmere excellence. He was kind, courteous,and patient to counsel and litigants. The taskis not easy. The Bar knows how much we tryjudges’ patience! Judge Stitt also modeledwhat I call the three C’s of leadership:CHARACTER, COURAGE and COMMIT-MENT. Judge Stitt was honest. He did whathe believed to be right without fear or favor,and his fidelity to the justice system wasabsolute.

The tributes of many others confirm thatDavid Stitt was a well-rounded and fineperson. Cited are his sense of humor, loveof sports, and loyalty to subordinates. Mostimportant was his love, pride, and care forhis family. In short, David Stitt modeled thegood American life. We celebrate that lifeand should take inspiration from hisexample.

Gil Davis

I first met Judge Stitt when he was a CountyAttorney. I had occasion to be adverse tohim, but working with him to resolve thematter was a joy. He practiced civility andhonesty––almost lost arts. When he cameto the bench, his civility, knowledge, andrespect for attorneys and litigants made hima joy to appear before. I did not always getwhat I thought my client deserved, but knew

that he had considered the facts and lawhonestly. I hope the younger judges look toJudge Stitt as a model. There aren’t manyof his kind left.

Ekaube Cassek

I was Judge Stitt’s first law clerk in 1995. Hewas a wonderful person and had a profoundeffect on my legal career, and was a tremen-dous influence on a personal level. I haveso many fond memories of him, too numer-ous to mention on this page. He leaves awonderful legacy.

Derek Meisner

A judicial demeanor that was unrivaledamong his contemporaries, a thoroughgrasp of the law, and a quick wit that madea multi-day trial a truly enjoyable experi-ence––all traits that were always on displayby Judge David Stitt. What a loss!

David Duff

David Stitt was a fine human being and ascholarly, compassionate jurist. It was apleasure to litigate before him as he wasalways prepared, knowledgeable, andinsightful––and candid, as was oftenneeded.

David was also dedicated to the profession-alism course he managed for law students.He used that forum to ensure that lawstudents heard that professionalism,together with preparedness, should be thehallmark of their law practice. As the othertestimonials have indicated, David did as heprofessed; and let others know what he wasthinking without rancor or anger, thusallowing others to address the issue itselfwithout being defensive in the process.

We will long mourn the loss of this greatman, and my heart and prayers extend toLiz and the children at this most difficult time.

Leslie Weber Hoffman

Judge Stitt was an honorable man who didall he could to uphold the cause of justice.We all may take comfort to have had thehonor of association with him. Your loss isour loss.

Morris A. Nunes

continued on page 10



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Dear Friends:

I began practicing law in Fairfax andjoined our Association in 1964. Iwent on the Bench in 1968. I feelespecially blessed to have beenassociated with our Bar and to haveserved as a judge. After my retire-ment from the Bench in 1996, it wasmy privilege to continue contact withmany of you through my service asa designated judge and my media-tion and arbitration practice with TheMcCammon Group. After 44 years,I have concluded it’s time to retirecompletely, including retirementfrom my mediation and arbitrationpractice. I could not leave withoutthanking each of you for yourpatience with me and your manykindnesses to me over the past 44years. My life is immensely richerbecause of you.

Sincerely,

Hon. Richard J. Jamborsky (Retired)Fairfax County Circuit Court

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JUDGE KIMBERLY J. DANIEL hasbeen selected by the Judges of theFairfax Juvenile & Domestic RelationsDistrict Court to become the new ChiefJudge for a two-year term beginningJuly 1, 2008 through June 30, 2010.

Message to the FBAfrom

Judge Jamborsky


Judge Stitt’s death is a tremendous loss tothe Bench. His personality was unique, andcombined with his Texas accent, he had avery charming and easy going way abouthim, as he conducted his duties on theBench.

Personally, I appreciated that he alwaystreated me with respect, and always greetedme by name, saying it with his endearingTexas drawl, which always made me smile.I admired and respected him for his profes-sional gestures toward counsel in general. Igenuinely liked Judge Stitt, and I will misshim very much. My deepest sympathy to hisfamily.

Joyce Henry-Schargorodski

I first met David in the early 1980’s. It wason a volleyball court set up in Carolyn Motes’backyard in Fairfax where a number of us,including Frances Fite and David, wereinvited to join in the Sunday afternoongames. He was a vigorous and competitiveplayer, to put it mildly! Later, David and I wereboth active in local government matters––he as County Attorney and I as counsel to,and hearing officer for, the Fairfax CountyCivil Service Commission, and a memberof the Planning Commission. Still later, weworked on Virginia State Bar committees andissues and, finally, we became judicialcolleagues. David was a breath of fresh air,invariably candid and forthright, a man ofintegrity, compassion, commitment, and afinely honed sense of fairness. I feel veryfortunate to have known and worked withhim, and I am among his many friends andcolleagues who will remember him with greataffection and a deep sense of loss.

Rosemarie Annunziata

My memory of Judge Stitt goes back manyyears to his days as County Attorney. It was1984 and I was a young law student. I walkedinto the County Attorney’s Office in the oldMassey Building without an appointment,resumé in hand, in hopes that I would findemployment as a summer law clerk.Although nothing was available, Judge Stitttook the time to meet with me. He offeredme advice and encouragement. All theseyears later I have never forgotten thekindness and consideration he showed me.

I left Fairfax before he went on the bench,and I never had the privilege of practicingbefore him, but in a single encounter manyyears ago, he left an enduring impression. Inoted his passing with sorrow and extendmy sympathy to his family.

Robert B. Guntharp

I first came to know David from BarAssociation field day tennis matches, thencame to work with him when I was Chair-man of the County Housing Authority andDavid was County Attorney. I have alwaysfelt very fortunate to have had David as afriend.

John Morris

David was my first “real job” boss, and onecouldn’t ask for better. As an AssistantCounty Attorney, I was in awe of him. Hequickly put me at ease with his friendly, ifsometimes inscrutable, manner. He gave usmeaningful professional latitude andexpected the very highest standards. Hedrove us to Chinese restaurant lunches, andhe inserted more Texan syllables into acommon expletive than had previously beenheard in Northern Virginia. His influence onus was great, and he will be missed.

Robin Weiss Baxter

Lawyerpalooza will never be the same. Davidcame early to set up, and stayed late to breakdown. He played volleyball all day every yearfor 10 years straight. He never lost hischildlike sense of enthusiasm, or his boyishathletic sense of competition. Even better,he was always one of the best players onthe court, and certainly the most intense. Iwon’t forget the time that Hunton & Williams’rock band came to play. The band’s mottowas, “We might not be very good, but wemake up for it with volume.” Of course, thecops came, but David was there to stroll upto the squad car. He walked back in a fewminutes saying...“Don’t worry, we’re cool.”David had the heart of a young lawyer to theend.

Paul Terpak

David was a great help to me when he wasFairfax County Attorney and I was readinglaw. I will always be grateful for the time andattention he freely gave to me at a time whenhe clearly had a lot more important things todo. David was a kind person and a goodfriend who will be missed.

Bill Rucker

I worked with Judge Stitt when he wasCounty Attorney, and appeared before himmany times. He was always welcoming,helpful, friendly, good-natured, wise, and agood listener who treated everyone beforehim with courtesy and fairness. Thosequalities made him a great trial judge and awonderful human being.

Chuck Anderson

David Stitt was a wonderful judge. He alwaystreated litigants with dignity and candor. Hehad a wonderful sense of humor. And he hada spectacular voice. It started down at histoes and came out with that soft Texas drawl.It was a privilege to know him and practicebefore him. He was filled with a comfortablesense of humanity. He took his responsibili-ties seriously. He will be missed for years tocome.

Robert Surovell



LEGAL SERVICES CORPORATIONNotice of Availability of CompetitiveGrant Funds for Calendar Year 2009

The Legal Services Corporation (LSC)announces the availability of competitive grantfunds for calendar year 2009. An annualizedgrant of approximately $1.1 million is availablefor the provision of a full range of civil legalservices to eligible clients throughout theVA-20 service area in Northern Virginia. TheRequest for Proposals (RFP), the descriptionof the VA-20 service area in Northern Virginia,and other information pertaining to the LSCgrants competition is at www.grants.lsc.gov.Refer to the RFP for details on preparingthe grant proposal, applicant eligibilityrequirements, the regulations and guidelinesgoverning LSC funding, the submissionrequirements. Applicants must file a Notice ofIntent to Compete (NIC) to participate in thecompetitive grants process. The NIC isavailable from the RFP. The deadline forfiling grant proposals is October 10, 2008, 5:00p.m., E.D.T. E-mail inquiries pertaining to thisnotice and the LSC competitive grants processto [email protected].


The Fairfax Law Foundation Acknowledges the Generous DonationsMade in Memory of Judge David T. Stitt

(Donations received as of 6.17.08)

Ain & Bank, PCAmerican Council for Capital Formation

AnonymousRobert W. & Gail J. Bearden

David P. & Catherine H. BobzienJan L. & Capt. Glenn L. Brodie

Charapp & Weiss, LLPColten Cummins Watson & Vincent, P.C.Richard J. Colten & Elizabeth S. Johns

John F. CooneyBobby M. & Mary Drickey Craig

Bette R. CraneJohn, David and William Crow & Wendy Olesker

Culin, Sharp, Autry & Day, P.L.C.Devine, Connell & Sheldon, P.L.C.

Laurie L. DolsonJohn T. & Eve E. Ezell

Richard & Arline FabsitzAndrew H. Goodman, Esq.

Grenadier, Anderson, Simpson, Starace & Duffett, P.C.Jane W. Gwinn

Harrington, Miller, Neihouse & Kieklak, P.A.P. H. Harrington, Jr.Karen J. Harwood

Sandra L. Havrilak & James E. FeyHefty & Wiley, P.C.

The Susan Hicks Group PCLaw Offices of Kelly S. Hite, PLLC

Hottell Malinowski GroupRobert & Elaine HowellMarilla B. & Carter King

John & Raymonde KoonceGail Phillips Langham

Corinne N. Lockett & David W. LeaseMichael & Evelyn Long

Lisa C. MackemMcCandlish & Lillard, P.C.

Marilyn S. McHughSusan M. Pesner, Esq.

Lawrence W. Phelps & Kathryn M. AndersonEllen F.M. Posner

Karl A. RacineJoseph P. & Margie C. Rapisarda

Roberts, Mardula & Wertheim, LLCEdward & Cinda RoseMarc J. Scheineson

William L. Schmidt & Associates, P.C.Carol J. Schrier-Polak

James M. ScottDonna C. Searson

Sensei Enterprises, Inc.Shoun, Bach, Walinsky & Curran, P.C.

Michael W. & Ellen Bain SmithRuth E. & Frank G. Soulier

Sparks & Craig, L.L.P.Margaret M. Spillenkothen

David W. Stroh & Susan M. MockenhauptEdward R. & Susan C. Swift

Betty A. Thompson, Ltd.Cynthia L. Tianti

Hon. George D. VaroutsosWilliam L. & Patricia A. Walsh

Erin C. Ward & Richard A. Canty, Jr.Weiner, Rohrstaff & Spivey, PLC

FAIRFAX PUBLICLAW LIBRARY ANNOUNCES

NEW SERVICES

First, the Fairfax Public Law Library ispleased to announce that free wirelessInternet service has been installed and isavailable to any visitor with a laptopequipped with a wireless networking card.Call 703-246-2170 for more information.

Second, we invite you to schedule time inour Conference Room. This a free serviceavailable for use by small groups (betweentwo and ten individuals) conducting court-house-related business that requires a levelof interaction that might be distracting toother library users during regular operatinghours (Mondays & Thursdays 8:00 AM -8:00 PM; Tuesdays, Wednesdays & Fridays8:00 AM - 4:30 PM). Reservations areaccepted up to one day in advance for upto one hour per day. Call 703-246-2170.

Third, visitors to the Fairfax Public LawLibrary are reminded that food and drink arenot permitted inside. A small café for refresh-ments is conveniently located just downthe hall from us on the first floor of theCourthouse.


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JOURNAL...2––Fairfax Bar Journal • July 2008 FAIRFAX BAR JOURNAL Official Newsletter of the Fairfax Bar Association 4110 Chain Bridge Rd., Suite 215 Fairfax, VA 22030 Telephone: