News JournalTHE VIRGINIA BAR ASSOCIATIONVOLUME XXXI, ISSUE 1 • FEBRUARY/MARCH 2005

4 • President’s Page:Burnout Maybe, But Never RustJames V. Meath

7 • VBA Leaders for 2005

9 • VBA Corporate Counsel Section Publishes EthicsGuidelines

10 • Photo Feature: The 115th VBA Annual Meeting

12 • The Virginia Bar Association Reporton Indigent Defense in Virginia

16 • Report to the Association:The Community Service Program’s First YearAlfred M. Randolph Jr.

18 • VBA Community Service Program Participantsfor 2004

20 • Around the CommonwealthSuccesses for VBA proposals in the General Assembly • VLFinducts 2005 fellows • With Lodge renovations underway, VBA tomeet at Kingsmill in January 2006 • ADR Joint Committeebegins year with full schedule • Nominations sought for DeMallieAward

22 • News in Brief

24 • Calendar

VBA• •

VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522-0974,USPS 093-110), is published six times per year (December/January, February/March,April/May, June/July, August/September and October/November). Membership duesinclude the cost of one subscription to each member of the Association. Subscription priceto others, $30 per year. Statements or expressions of opinion appearing herein are thoseof the authors and not necessarily those of the Association, and likewise the publicationof any advertisement is not to be construed as an endorsement of the product or serviceunless specifically stated in the advertisement that there is such approval or endorsement.Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changesto The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.

Suite 1120701 East Franklin Street

Richmond, VA 23219(804) 644-0041

FAX (804) 644-0052E-mail: thevba@vba.org

Web: www.vba.org

OUR MISSIONThe Virginia Bar Association is a voluntaryorganization of Virginia lawyerscommitted to serving the public and thelegal profession by promoting the higheststandards of integrity, professionalism,and excellence in the legal profession;working to improve the law and theadministration of justice; and advancingcollegial relations among lawyers.

On the Cover: The Lewis F. Powell Jr. United States Courthouse in Richmond (1858),photograph by John O. Peters. One hundred forty photographs of Virginia courthousesare contained in Virginia’s Historic Courthouses, written by John O. and Margaret T.Peters with a foreword by the late Justice Lewis F. Powell Jr.; photographs by John O.Peters; published by University Press of Charlottesville; and sponsored by The VirginiaBar Association. To order the book, call the VBA at (804) 644-0041 or 1-800-644-0987.

PresidentJames V. Meath, RichmondPresident -electWilliam R. Van Buren III, NorfolkChair, Board of GovernorsGlenn C. Lewis, Washington, D.C.Immediate Past PresidentE. Tazewell Ellett, AlexandriaLaw Practice Management Division ChairGant Redmon, AlexandriaYoung Lawyers Division ChairR. Braxton Hill IV, RichmondYoung Lawyers Division Chair-electLori D. Thompson, SalemBoard of GovernorsThe Officers andHon. William G. Broaddus, RichmondJohn D. Epps, RichmondCheshire I. Eveleigh, Virginia BeachWilliam E. Franczek, NorfolkMarilynn C. Goss, RichmondProf. Roger D. Groot, LexingtonJ. Lee E. Osborne, RoanokeG. Michael Pace Jr., RoanokeStephen C. Price, LeesburgGlenn W. Pulley, DanvilleNancy N. Rogers, RichmondHon. Pamela M. Sargent, AbingdonHon. Diane M. Strickland, Roanoke

Member of ABA House of DelegatesDavid Craig Landin, RichmondLegislative CounselHon. Anthony F. Troy, RichmondRobert B. Jones Jr., RichmondAnne Leigh Kerr, RichmondExecutive Vice PresidentCharles Breckenridge Arrington Jr.Director of MeetingsBrenda J. DillardDirector of FinanceAmy B. CatheyVBA News Journal EditorCaroline B. Cardwell

4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005

Burnout Maybe, But Never Rustby James V. Meath

PRESIDENT’S PAGE

There is something truly different aboutVirginia lawyers. I don't think I mean that inan elitist way, but the longer I practice andthe more I work with lawyers from otherjurisdictions, I become more convinced...The overwhelming majority of those lawyerswill make a comment at some time duringtheir stay here along the lines of, “You reallydo have a different practice here. It is reallypleasant to practice law here compared tohow we do it in [fill in the blank].”

The following remarks weredelivered by Mr. Meath uponbecoming President of The VirginiaBar Association in Williamsburg onSaturday, January 22.

Thank you, Ted [Ellett], JusticeCarrico, Judge Wetsel, pastPresidents, members of the Boardof Governors, members of theWilliams Mullen firm, colleagues,friends and guests. I graciously andhumbly accept your election asPresident of The Virginia BarAssociation. It is with greathumility that I stand before you,surrounded by past leaders anddistinguished members in thisgrand hall that has meant so muchto the history of this organization.However, I must confess that it iswith some trepidation that Iacknowledge the fact that I am, tomy knowledge, the first Presidentwho has been escorted up here byhis predecessors to take the gavel,and I also note that I am the firstwho has been asked to swear anoath. This is somewhat disarming. Iam not sure whether there was apre-meeting before this one and itwas determined that these stepswere, in fact, necessary, and, moreimportantly, I confess to you that Ihave no present understanding ofwhat could possibly happen to meif one of you were to make anallegation that I have, somehow,not upheld the Constitution of theUnited States or that I may haverun afoul of some arcane law ofthis Commonwealth. Further, I amequally chagrined as to what fatewould befall me if you wouldcharge me with not fulfilling myduties as the President of this greatAssociation, but even with thatsaid, I am honored to be here todayto take this gavel and to be the

shepherd of the VBA for 2005.At the outset, I must thank my

colleagues on the Board ofGovernors for their confidence inme. Also, I thank the members ofmy firm for their unwaveringsupport, not only of my service tothe VBA, but in most all mattersthat I have undertaken in my 20years in practice with them. It hastruly been a great honor andprivilege to be a member ofWilliams Mullen.

In these brief remarks, I havechosen to tell you something aboutmy thoughts on being a lawyer andabout myself. To that end, I havereviewed the comments of Mr.Holmes Conrad, a lawyer fromWinchester, Virginia, who in 1888,while working with his colleaguesto determine the need for thisAssociation and if finding one,creating a purpose for same,opined on our profession asfollows:

“There is certainly no class orvocation that exerts uponsociety the influence that isput forth by the lawyer in hisdaily life in city and incountry. For every transactionamong men in which rights areto be protected or wrongs

redressed, he is inspired byhis counselor, guided by hishand. From the bill of salewhich transfers the title of anox to the more imposingdocument which evidences atransfer of vast systems ofrailway, or settles the disputesof nations, he is theconfidential advisor of men ofall classes in their relations inlife.”These comments sum up the

feelings that I have about theimportance of the practice of law.Mr. Conrad, in my view, is deadright-on. The lawyer is the problemsolver in our society. Little couldhe have envisioned that hisexample list would have expandedto include the fact that in 2005lawyers would be dealing with thebioethical issues surrounding themapping of the human genome andthe ethical dilemmas that itpresents for cloning. Little could hehave realized that right now thereis a probe situated on the moon ofSaturn called Titan. This probe issending pictures and data back toearth while at the same timelawyers are trying to solve theproblems about future rules forownership of space. Further, little

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/5

could he have realized that, as wesit here, lawyers would be draftingthe initial articles of governmentfor Afghanistan and Iraq. Littlecould he have envisioned thattoday a Virginia lawyer is the leadprosecutor building the caseagainst deposed tyrant SaddamHussein.

I knew at an early age that Iwanted to be a lawyer, but I had noidea what it would mean to be oneand certainly no clue as to theprivilege that it is to be a Virginialawyer. There is something trulydifferent about Virginia lawyers. Idon't think I mean that in an elitistway, but the longer I practice and themore I work with lawyers from otherjurisdictions outside of Virginia, Ibecome more convinced. I know thatmany of you have experienced, as Ihave, lawyers coming into theCommonwealth from other states toconduct business. The overwhelmingmajority of these lawyers will make acomment at some time during theirstay here along the lines of, “Youreally do have a different practicehere. It is really pleasant to practicelaw here compared to how we do it in[fill in the blank].” I remember thefirst time I sat at counsel table with acolleague from Chicago as he argueda case before our Fourth Circuit. Ipurposely did not mention to him theparticular protocol that our Court hasat the completion of oral argument.As he was packing up, I nudged him,as the judges were approachingcounsel table. After they shook handsand engaged in pleasantries withhim, I saw that this bold, self-assured, somewhat brash, but terriblyarticulate colleague from above theline was nonplussed beyond speech.This simple act of respect, civilityand professionalism makes the samelasting impression on all whoexperience it. This is one small, butpowerful example of the essence ofwhat we have as Virginia lawyers.We must preserve this aspect of ourheritage. The VBA, in my view, hasplayed an instrumental part inprotecting and furthering this essenceof what it is to be a Virginia lawyer.

How so the VBA? Well, 115years ago, leading lawyers of theday assembled and decided tocreate this Association, and themission they articulated for it was:

“The Virginia Bar Associationis a voluntary organization ofVirginia lawyers committed toserving the public and thelegal profession by promotingthe highest standards ofintegrity, professionalism, andexcellence in the legalprofession; working to improvethe law and the administrationof justice.” (And “advancingcollegial relations amonglawyers” was added sometime later — likely by one ofmy people, an Irishman.)This simple statement has endured

the test of time. Consider that justabout every institution that we know--societal, religious, governmental,corporate--has reinvented itself atleast once in 115 years. If you throwindividuals into the mix, there arethose who reinvent themselvesyearly. Madonna comes to mind, asthis once risqué, provocative diva isnow the champion of children’sliterature. Such reinventions andrefocusing of mission are typically asa result of a loss of relevance of theold one. Not so with our organization.The ideals that we have aspired tofurther are grounded in our greatVirginia lawyers who were soinstrumental in forming theparameters of power of our greatnation. I shall try to do my part topreserve the VBA's relevance of itsmission for Virginia lawyers.

It was a different route that Itook to become a Virginia lawyer,and I have some people that I mustacknowledge as major contributorsto that quest. My older son, Jason,was 7½ years old when I went tolaw school. He would go with me toclass on days when he did not haveschool while his mother taught atSt. Catherine’s. As a father, I amvery proud of Jason. Jason and hisfamily live in D.C. He was the leadproducer for all officialadvertisements that the Bush re-

election team ran during thePresident's campaign. So as youcan see, his law school experienceso impressed him that he took up aprofession that is about as far fromthe law as one can get—politicalconsulting. My younger son, Peter,on the other hand, escaped Jason’slaw school experience, as he wastoo young to be taken to class. Nowhe has chosen a profession that oflate has gained a very healthyrespect for the law. As he receiveshis MBA from Duke in May, I amadvised that ethics and businesslaw courses have found their wayinto his curriculum in a large way.I must thank both Jason and Peterfor their support during those lawschool years. Though they may nothave known it, they were a greatsustenance to me during that time.

Finally, as we began ourpartnership early and worked toaccomplish various goals forourselves, including starting afamily and putting each otherthrough graduate school, my wifeand I came to the final educationalquest — law school. My wifewillingly placed her own personalgoals aside and secured a teachingposition at St. Catherine’s School.In short, she put me through lawschool. As only Breck Arrington,our own great debunker, couldstate, and has to me on manyoccasions, “Jim, never forget —they voted for Nancy, not for you.”There is no way that I would bestanding here today were it not formy wife, Nancy, and I thank her.

And now for the VBA. There areissues that need addressing thisyear. I am fully prepared to tacklethem. Voluntary associations havesignificant tension in gaining andretaining members. Ours is noexception. This can be quicklycured if you accept the Meathchallenge and leave this great halland sign up two colleagues in yourfirm or in your community who arenot members of the VBA and tellthem that they get the one-yearfree Meath membership. The quidpro quo is that they must join a

6/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005

Section and come to a meeting. Ibelieve that when they do that, wewill have them and will be well onthe way to solving concerns aboutmembership. Next, we must ensurethat we have distinct successorshipplans for every aspect of ourorganization. These successorshipplans must include diversity of allkinds and include the identificationof potential VBA leaders in everylocality of the Commonwealth. Thisis necessary so that we can tapthese individuals for service andcontinue the strong tradition ofleadership in the VBA.

We have opened further dialogue

John, adversity is the maker of agood man.” I shall keep that in mindas I and your Board do your work onthese and other issues. Of course, Iam committed to continuing theprograms that my predecessors havebegun, and will also visit all lawschools, law school councils,meeting with the deans, attending asmany meetings as I can of other barassociations throughout thisCommonwealth.

I would like to close with acommitment to you. There have beenmany great remarks made at thispodium. Just in my tenure, AnitaPoston has given profound andheartfelt thoughts about the VBA andwhat it has meant to her. JeanneFranklin, with her great knowledge ofliterature and her penchant for verse,put to verse a dream that she hadabout the goals of the VBA. Ed Betts,my friend and sponsor for the Boardof Governors, to whom I owe a greatdeal of gratitude, followed up onJeanne Franklin's theme and told usthat he, too, had a dream. But thegentleman that he is, Ed thankfullyrefrained from disclosing thespecifics of his dream. We are sograteful, Ed. In all seriousness, all ofthese individuals, certainly includingFrank Thomas and Ted and all ofthose before them, have servedtirelessly and well, have furtheredthe mission and have preserved therelevance of the VBA for all of us. Ihave heard many great quotesuttered from this spot—John Locke,Jefferson, Monroe, Marshall, quotesfrom scripture, Homer and others.My selection to illustrate mycommitment is from Young — notCarl Jung, but Neil Young of Crosby,Stills, Nash and Young fame. On hisalbum, “Rust Never Sleeps,” he hasa song with a line as follows:

“It's better to burn out than it isto rust.”

I have placed this quote on thescreen saver of my computer. Icommit to you that I shall followthat thought throughout the yearand will work tirelessly to upholdthe trust that you have placed inme. Thank you. VBA

LLLLLongtime VBA eongtime VBA eongtime VBA eongtime VBA eongtime VBA exxxxxecutive VPecutive VPecutive VPecutive VPecutive VPannounces pending retirementannounces pending retirementannounces pending retirementannounces pending retirementannounces pending retirement

Charles Breckenridge “Breck”Arrington Jr., executive vice president ofThe Virginia Bar Association since 1991,has notified the VBA Board of Governorsthat he will retire from that positioneffective February 1, 2006.

A search committee has been formedand will begin its work within the nextfew weeks.

A onetime chair of the VBA YoungLawyers Division, Arrington received hisundergraduate and law degrees from theUniversity of Virginia. He is also thecurrent chair of the Virginia LawFoundation Fellows Council, secretary ofthe Virginia Law Foundation and treasurer of the John Marshall Foundation.Prior to taking the executive position with the VBA, he had been vice presidentof Newmyer Associates, Inc., in Washington, D.C., a public and governmentalaffairs management consulting firm. He had previously served in a number ofsenior legal and management positions with the Atlantic Richfield Company(ARCO) in Dallas, New York, Washington and Los Angeles.

Arrington spent time as counsel to the first state environmental protectionagency (in New York) and was previously a partner in the Norfolk law firm ofVandeventer, Black, Meredith & Martin (now Vandeventer Black LLP) in Norfolk.He saw military service as an officer in the U.S. Navy and is an honor graduateof the U.S. School of Naval Justice.

Association President James V. Meath hailed Arrington’s tenure with theVBA. “Breck’s announcement is a ‘passing of the guard’ kind of event whichwe are sorry to see come to pass. However, his announcement will allow for atimely search for his replacement and an orderly transition for the affairs ofthe Association. We have a knowledgeable and dedicated staff at the VBAbuilt during Breck’s tenure. We fully expect to maintain our high level ofservice to our members and continue our contributions to the public and thelegal profession.”

Arrington did not announce any future plans at this point beyond this yearbut added that he thought early 2006 a likely point for some fresh directionfor the venerable Association.

with the current President of theVirginia State Bar, David Bobzien,and incoming President PhilAnderson. Both David and Phil aremembers of our Association andstrong supporters. I am confident thatas this dialogue continues that wewill recognize that our respectiveorganizations have far greater thingsin common than those things thatmay separate us.

These are not insignificant issues,but as Abigail Adams said to John asshe tired of his incessant letterscomplaining of bad weather, poorhealth, under-appreciation andinadequate compensation, “Dearest

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/7

ADMINISTRATIVE LAW SECTION: Randolph A. Beales,Christian & Barton, LLP, Richmond.BANKRUPTCY LAW SECTION: Paul M. Black, Melchionna,Terry, Day, Ammar & Black, Roanoke.BUSINESS LAW SECTION: Elizabeth G. Hester, TroutmanSanders, LLP, RichmondCIVIL LITIGATION SECTION: Attison L. Barnes III, Wiley,Rein & Fielding, Washington, D.C.CONSTRUCTION AND PUBLIC CONTRACTS LAW SECTION:M. Melissa Glassman, McGuireWoods LLP, McLean.CORPORATE COUNSEL SECTION: Holly Wenger,LandAmerica Financial Group, Richmond.CRIMINAL LAW SECTION: John B. Russell,DurretteBradshaw, PLC, Midlothian.DOMESTIC RELATIONS SECTION: David H. Spratt, Schwartz& Spratt, PLC, Fairfax.ELDER LAW SECTION: Christopher M. McCarthy,Thompson & McMullan, PC, Richmond.ENVIRONMENT, NATURAL RESOURCES AND ENERGY LAWSECTION: Kelley Kline, Smithfield Foods, Inc., Smithfield.HEALTH LAW SECTION: Jonathan M. Joseph, Christian &Barton, LLP, Richmond.INTELLECTUAL PROPERTY AND INFORMATIONTECHNOLOGY LAW SECTION: Marshall M. Curtis,Whitham, Curtis & Christofferson, PC, Reston.JUDICIAL SECTION: Hon. Rodham T. Delk Jr., Fifth JudicialCircuit, Suffolk.LABOR RELATIONS AND EMPLOYMENT LAW SECTION:Robert J. Barry, Kaufman & Canoles, PC, Norfolk.

REAL ESTATE SECTION: David C. Helscher, Osterhardt,Prillaman, Natt, Helscher, Yost, Maxwell and Ferguson, PC,Roanoke.TAXATION SECTION: Elizabeth J. Atkinson, Kaufman &Canoles, PC, Norfolk.TRANSPORTATION LAW SECTION: Eric E. Ballou, Christian& Barton, LLP, Richmond.WILLS, TRUSTS & ESTATES SECTION: John E. Donaldson,College of William and Mary School of Law, Williamsburg.COMMISSION ON THE NEEDS OF CHILDREN: Robert E.Shepherd Jr., University of Richmond, Richmond.COMMITTEE ON FEDERAL JUDGESHIPS/EASTERNDISTRICT: Thomas L. Appler, Wilson Elser MoskowitzEdelman & Dicker, PC, McLean; WESTERN DISTRICT:Monica Taylor Monday, Gentry Locke Rakes & Moore, LLP,Roanoke.JUDICIAL PORTRAITS COMMITTEE: John S. Barr,McGuireWoods LLP, Richmond.JUDICIARY COMMITTEE: Douglas L. Guynn, Timberlake,Smith, Thomas & Moses, PC, Staunton.COMMITTEE ON THE NEEDS OF THE MENTALLY DISABLED:Stephen D. Rosenthal, Troutman Sanders LLP, Richmond.COMMITTEE ON NOMINATIONS TO VIRGINIA COMMISSIONSAND APPELLATE COURTS: Thomas F. Farrell II, DominionGeneration, Richmond.COMMITTEE ON SPECIAL ISSUES OF NATIONAL AND STATEIMPORTANCE: David Craig Landin, Hunton & Williams LLP,Richmond.

VBA LEADERSHIP FOR 2005

Seated, L-R: Brenda Dillard, Glenn Pulley, Judge Pamela Sargent, Ted Ellett,Jim Meath, Bill Van Buren, Lee Osborne, Steve Price. Standing, L-R: GantRedmon, John Epps, Breck Arrington, Diane Strickland, Marilynn Goss,Cheshire Eveleigh, Brack Hill, Glenn Lewis, Roger Groot, Bill Broaddus andMike Pace. Not pictured: Newnie Rogers, Lori Thompson.

In addition to Jim Meath’s installation asVBA President, new Association leaders for2005 were confirmed during the 115th AnnualMeeting. William R. Van Buren III of Norfolk(Kaufman & Canoles) was voted president-elect of the VBA, and Glenn C. Lewis ofFairfax (The Lewis Law Firm) was chosen tochair the VBA Board of Governors.

New VBA Board of Governors membersinclude John D. Epps of Richmond (Hunton &Williams), Cheshire I. Eveleigh of VirginiaBeach (Wolcott Rivers Gates), J. Lee E.Osborne of Roanoke (Carter, Osborne &Miller) and Stephen C. Price of Leesburg(McCandlish & Lillard). Hon. Pamela MeadeSargent of Abingdon was elected to a secondone-year term as the Board’s judicialrepresentative, and Prof. Roger D. Groot ofWashington and Lee University in Lexingtonwill serve a fourth and final one-year term, byexception, as the law faculty representative.

E. Tazewell Ellett of Alexandria will serve on theBoard as the VBA’s immediate past president. GantRedmon of Alexandria (Redmon, Peyton & Braswell)continues on the Board as chair of the VBA LawPractice Management Division. VBA Young LawyersDivision Chair R. Braxton Hill IV of Richmond

(Christian & Barton) and Chair-Elect Lori D.Thompson of Salem (Thompson Law Practice) willalso serve on the Board.

Nonvoting members include Executive VicePresident Breck Arrington and Director of MeetingsBrenda Dillard.

VBA section and committee chairs are listed below:

8/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005

ABA/YLD Awards of Achievement: Rudene Mercer Bascomb,Hunton & Williams LLP.ABA Liaison/Project Development/Grants: Jennifer L. McClellan,Verizon Communications.Adult Protective Services Video Project (FACT): Michael L. Walton,Hunton & Williams LLP.Bridge-the-Gap: Turner A. Broughton, Williams Mullen.Child Custody Project: Katherine M. Harman-Stokes, GraduateManagement Admission Council.Communications/Publicity: E. Livingston B. Haskell, WilliamsMullen; Elizabeth A. Breen, Hunton & Williams LLP.Community Law Week/Law Day: Monica Scales Burke, Hogan &Hartson LLP.Credit Issues Project: Rudene Mercer Bascomb, Hunton &Williams LLP; H. Malloy Evans III, Fannie Mae.Disaster Legal Assistance: Ryan W. Boggs, Christian & BartonLLP; Richard H. Ottinger, Vandeventer Black LLP.DMV Project/Richmond: W. Brian McCann, Christian & BartonLLP.DMV Project/Roanoke: Bryson J. Hunter, Gentry Locke Rakes &Moore LLP.Domestic Violence Project/Northern Virginia: Susanne H.Carnell, Hogan & Hartson LLP; Marli J.P. Kerrigan, FederalBureau of Prisons/Office of the General Counsel.Domestic Violence Project/Richmond: Robyn S. Gray, Christian& Barton LLP.Health Law Section Project: Molly S. Evans, Feldesman TuckerLeifer Fidell LLP.Immigrant Assistance: Cathryn A. Le, McGuireWoods LLP.The John Marshall Foundation Liaison: David I. Meyers, Hunton& Williams LLP.Law School Council/George Mason University: Matthew B.Kirsner, Troutman Sanders LLP; Sharon Lamb Kirsner.Law School Council/University of Richmond: Katja H. Hill, LeClairRyan PC; Heather K. Hays, Troutman Sanders LLP.Law School Council/University of Virginia: Tarah S. Grant, Hogan& Hartson LLP; Tara Rowan Boyd, LeClair Ryan PC.Law School Council/Washington and Lee University: Gregory R.Hunt, Gentry Locke Rakes & Moore LLP; Sakina K. Paige,Wachovia Corporation.Law School Council/College of William and Mary: Kristan B.Burch and Timothy O. Trant II, Kaufman & Canoles PC.Law School Liaison: Matthew E. Cheek and Robert A. Peay,Williams Mullen.Lawyers for the Arts: Suzanne Sones Long, Christian & BartonLLP; Beth G. Hungate-Noland, Williams Mullen.Lawyers Helping Lawyers Program Liaison: Harold Han, WilliamsMullen.

Legal Services for the Mentally Ill: John W. Phelps.Membership: Elizabeth Mason Horsley, Williams Mullen;Christopher A. Jones, LeClair Ryan PC.Mentor Program/Lynchburg: Franklin L. Bell, Office of the PublicDefender.Mentor Program/Richmond: Caroline E. Browder, SunTrustBank; Andrew P. Sherrod, Troutman Sanders LLP.Mentor Program/Roanoke: Melvin E. Williams, Johnson, Ayers &Matthews, PLC.Minority Recruitment/Richmond: Kathleen M. McCauley,Goodman, Allen & Filetti, PLLC.Minority Recruitment/Roanoke: Jammie N. Jackson, GentryLocke Rakes & Moore LLP.Model Judiciary Program: Daniel T. Campbell, Willcox & Savage.National Moot Court: Eve Grandis Campbell and MonicaMcCarroll, Williams Mullen.New Projects: Katja H. Hill, LeClair Ryan PC; Jennifer L.McClellan, Verizon Communications.Nonprofit Legal Support Program: Marc B. Bergoffen, LeClairRyan PC.Pre-Law Counseling: R. Lucas Hobbs, Elliott, Lawson & MinorPC; Elizabeth Hope Cothran, Woods Rogers PLC.Pro Bono Hotlines/Statewide Coordinator: Beth V. McMahon,Kaufman & Canoles PC.Pro Bono Hotline/Central Virginia: Sean M. Beard and Coburn R.Beck, Hunton & Williams LLP.Pro Bono Hotline/Northern Virginia: Renee Esfandiary Crupi,U.S. Securities and Exchange Commission.Pro Bono Hotline/Roanoke: B. Webb King, Woods Rogers PLC;Kathleen L. Wright, Gentry Locke Rakes & Moore LLP.Pro Bono Hotline/Tidewater: Richard J. Crouch, VandeventerBlack LLP; Shawn A. Voyles, Crenshaw, Ware & Martin, PLC.Professionalism and Civility in Practice: Daniel E. Ortiz,Blankingship & Keith, PC; Benjamin S. Barlow, Black, Noland &Read, PLC.Substantive Law Sections/VBA/YLD Representative Coordinator:Nicole C. Daniel, Albemarle Corporation.Town Hall Meeting/Charlottesville: T. Vaden Warren Jr.,WhiteheadWarren PLC.Town Hall Meeting/Hampton Roads: Stacy Ross Purcell,Amerigroup Corporation.Town Hall Meeting/Richmond: Travis G. Hill, Williams Mullen;Henry I. Willett III, Christian & Barton LLP.Town Hall Meeting/Roanoke: James W. Thweatt III, LeClair RyanFlippin Densmore.The Virginia Lawyer:Roderick W. Simmons, Hirschler FleischerPC.Wills for Heroes: Dana G. Fitzsimons Jr., McGuireWoods LLP.

The VBA Young Lawyers Division elected its newleaders for 2005 during the 115th Annual Meeting. R.Braxton Hill IV of Christian & Barton LLP was installedas chair of the VBA/YLD, and Lori D. Thompson ofThompson Law Practice, PC, was voted chair-electand Matthew E. Cheek of Williams Mullen, secretary-treasurer. In addition, the VBA/YLD ExecutiveCommittee includes Immediate Past Chair King F.Tower (Williams Mullen), Nicole C. Daniel (AlbemarleCorporation), Molly S. Evans (Feldesman Tucker LeiferFidell LLP), M. Beth Colling (BWX Technologies),

Richard H. Ottinger (Vandeventer Black LLP), Turner A. Broughton (Williams Mullen), Cyane B. Crump (Hunton & Williams LLP),Renee Esfandiary Crupi (U.S. Securities and Exchange Commission), E. Livingston B. Haskell (Williams Mullen), Katja H. Hill(LeClair Ryan PC), Elizabeth Mason Horsley (Williams Mullen), and Ashley L. Taylor Jr. (Troutman Sanders LLP). VBA/YLDcommittee chairs, who with the Executive Committee comprise the Division’s Executive Council, are listed below.

L-R: VBA/YLD officers Brack Hill, Lori Thompson and Matt Cheek.

VBA YVBA YVBA YVBA YVBA Young Loung Loung Loung Loung Lawyers Division names ’05 officers, chairsawyers Division names ’05 officers, chairsawyers Division names ’05 officers, chairsawyers Division names ’05 officers, chairsawyers Division names ’05 officers, chairs

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/9

ETHICS FOR CORPORATE COUNSEL

The Corporate Counsel Section ofThe Virginia Bar Association, as aservice to the profession and public,has published Ethics Guidelines forVirginia In-House Lawyers, a 150-page compendium of ethicsinformation for corporate lawyers.

Not content with merely publishinga book, the Section has added aprintable PDF version to its portion ofthe VBA website at www.vba.org andadded a bonus section with additionaldiscussion of privilege and workproduct issues, only available online.Copies of the book have beendistributed to members of the VBACorporate Counsel Section and areavailable from the VBA office.

The book and bonus section wereboth authored by renowned ethicsauthority Thomas E. Spahn ofMcGuireWoods LLP in McLean.

“I was delighted to undertake the

VBA Corporate Counsel Section publishes ethics guideVBA Corporate Counsel Section publishes ethics guideVBA Corporate Counsel Section publishes ethics guideVBA Corporate Counsel Section publishes ethics guideVBA Corporate Counsel Section publishes ethics guideauthoring of this project -- bothbecause I value my close relationshipwith the Corporate Counsel Sectionand with The Virginia Bar Associationand also because in-house lawyersdeserve a succinct booklet describingthe special ethics issues that theyface,” commented Spahn.

“I have tried to organize the topicsin a way that in-house lawyers will findmost useful, and relegated most ofthe citations to endnotes.”

The publication was financiallyassisted by the Virginia LawFoundation.

Heidi W. Abbott of Hunton &Williams LLP served as chair of theVBA Corporate Counsel Section duringthe production of the book. FormerSection Chair Henry N. Ware Jr. ofSpotts Fain, PC, in Richmond, chairedthe publication effort with assistancefrom Section Council member

Anthony Reale of Philip Morris USA inRichmond. Holly Wenger ofLandAmerica Financial Corporation inRichmond is the current Section chair.

10/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005

VBA ANNUAL MEETING PHOTO FEATURE

Colonial Williamsburg Director of Hotel Sales Tom Spong (secondfrom left) describes how renovations to the Williamsburg Lodge willenhance the facility, using a model. Renovations began the dayafter the VBA Annual Meeting ended (see page 21).

Colonial Williamsburg, January 20-23, 2005

Rob Baldwin (L), executive secretary of the Supreme Court of Virginia,and Kathy Mays (R), the court’s director of judicial planning, receivedthe VBA’s Spong Award for Professionalism from Senior JusticeHarry L. Carrico (C). Overton Pollard (below, L), the retired executivedirector of the Virginia Public Defender Commission, received theWalker Award of Merit. Nicole Daniel (below, R) received the VBA/YLD’s Thompson Award from 2004 YLD Chair King Tower; MollyEvans (not pictured) received the Division’s Spies Award.

VBA Community Service Program Council members Kim White, MikeQuinan and Prof. Margaret Bacigal (L-R) recruited new CSPparticipants during the meeting. The VBA/CSP also organized a“mini-fair” of community service opportunities for Annual Meetingattendees.

“Dinner with the Presidents” was the title of Prof. Timothy Naftali’s program atthe Annual Meeting banquet. The audiovisual presentation included excerptsfrom Oval Office tapes recorded by Presidents Kennedy, Johnson and Nixon.

Dean King’s account of his adventures in writingSkeletons on the Zahara enthralled his audience atthe Books and Authors Luncheon.

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/11

Some of the VBA Leadership Patrons for 2004 who attended theAnnual Meeting. First row: Breck Arrington, Judge Pamela Sargent,Ted Ellett. Second row: Doug Rucker, Gant Redmon, Marshall Curtis,Bill Van Buren. Third row: Ed Betts, Frank Flippin, Steve Price, PiaTrigiani, Tom Brown.

Del. John O’Bannon (R-Henrico, standing) was a speaker at theHealth Law Section’s CLE program on legislation and health carereform, along with James Pyles (L) and moderator/chair JonathanJoseph (C).

Legacy Series Luncheon attendees paidrapt attention to historian Lee Shepard ofthe Virginia Historical Society, whosepresentation focused on Virginia lawyerswho became U.S. Presidents, continuingthe “Presidential” theme of the weekend.

Looking out over the assembly in theVirginia Room, outgoing VBA President TedEllett makes his farewell remarks (above)before receiving his commemorative gavelfrom new President Jim Meath (below).

The generalsession on white-collar crime (above,center) featuredremarks by (L-R)Paul Thomson,Toby Vick, JimVines, Robert Rayand Prof. RogerGroot. Panelists ontransportationfunding (below,center) includedChuck Wall, ChuckShimer, former Gov.Gerald Baliles, Va.TransportationSecretary WhittClement andTransportation LawSection Chair EricBallou.

12/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005

INTRODUCTIONThe Virginia Bar Association has consistently

supported efforts to strengthen Virginia’s indigent defensesystem. “A Comprehensive Review of Indigent Defensein Virginia” [The Spangenberg Report, hereafter TSR]was published in January 2004. TSR was sharply criticalof Virginia’s indigent defense system, and specificallynoted that “no ... state entity ... effectively advocates forindigent defense needs....” TSR at ii. Based on thisreport, the Board of Governors of The Virginia BarAssociation, which has a long tradition of serving as thepublic interest-focused voice of the organized bar inVirginia, decided that further action by the Associationwas necessary. The Board of Governors, on March 16,2004, adopted the following resolution:

RESOLUTIONON VIRGINIA’S INDIGENT DEFENSE SYSTEM

The Virginia Bar Association agrees with theconclusion of the studies that have determined thatVirginia’s indigent defense system containsfundamental deficiencies and is deeply flawed, andbelieves that this system requires extraordinaryremedial efforts on the part of the Governor,Lieutenant Governor, Attorney General, GeneralAssembly and Judicial Council of Virginia.

The President of the Association thereafter appointedan ad hoc committee of the Board, which also includedpersons not members of the Board, to examine Virginia’sindigent defense system based on TSR and otherpredecessor reports, and report its conclusions andrecommendations to the Board. The committee focusedon indigent defense in non-capital cases. Becausecompensation for appointed counsel in capital cases isnot capped, and because the recently created capitaldefender units are in their infancy, the issues surroundingdefense of indigent capital defendants are manifestlydifferent from those involved in the defense of indigentnon-capital defendants. Even within this narrower field,there are many issues external to attorney training,compensation and workload that affect the quality ofindigent defense. The unavailability of resources forinvestigation or retention of experts is one example. Thecommittee limited itself to attorney-specific issues. ThisReport is similarly limited. The committee reported backto the Board, and this Report of the Association was

prepared and appovbthe Board based on thecom report.SOURCS AND RESOURCESThbc source of information is TSR prepared byTh Spanor the American BarAocation Standing Commtee on Legal Aid andIndigent Defends. AppA TSog themanu beginnng in 197 ofVrginia’s indigent defense system. Amoho them ima is Indg Dfene Systemin VirginiaHpepeby theDm Planning and Bud Va. Code Ann §19.2-163.01 et seq., whVgnia IndigentDim VrginiaSupllumning amributionof court-appointed fees paid in fiscal year 2004 werereviewTubnpernin thedistribution of currently available assets.FACTUAL FINDINGSThe Curent Virginia SystemVrginia provides coun to indigent defendans by amxyem puc defends [hereafter PD] andcout-appnedcoIn jurisdictions served by PDs(21 offices serving 48 jurisdictions), a PD is appointedunths a coict of interest or “the ends ofjustice” require the appointmof other coun. Va.Cwthin the“en justice” exception. TSR 29 Al otherjurisdictions use court-appointed counsel.ComsationPubic Defenders In fiscal year 2005 the 21 Chief PDswll earn between $78,915 and $112,699 The averagesalary for a Chief PD is $88,794. New PDs, designatedA wll earn between $38,000 and $40,000 E-mlfrom Virginia Indigent Defense Common Aug 1720Nreceves a local cash supplemen.Otwrecvanform in-kind localsupplem TSRat 35.Thstate-mandedsalaries for Commonwh’sAtorneher CAhgIn fiscal year 2004elected full-time CAs were mandated between $97,811and $11683 Newdignated ATT werem/wlast visited August 19, 2004). ButThVrginia Bar Association ReportonVirginia’s Indigent Defense SystemINDIGENT DEFENSE IN VIRGINIA

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/13because many CAs receive local cash supplements, theactual salaries of CAs are substantially higher than thoseof PDs in the same jurisdiction. For example: in Norfolk,the Commonwealth’s Attorney earned $42,000 more thanthe Chief PD; in Fairfax, the average salary for anAssistant CA exceeded the average salary for anAssistant PD by $13,000, TSR at 34-35 [fiscal year2003 data]. Similar differentials exist statewide. TSR at34-35.Appointed Counsel : Fees for court-appointed counsel atthe trial level are nominally set at $90 per hour by theVirginia Supreme Court. Court-Appointed Counsel-PublicDefender, Procedures and Guidelines Manual at 29(2003). But these fees are capped by statute, Va. CodeAnn. § 19.2-163, and pursuant to Acts 2000, cc. 436,438 cl. 2, again capped by the Virginia Supreme Court. Statutory cap Applied capFelony, 20 years to life $1,235 $1,096Felony, less than 20 years $445 $395Misdemeanor $120 $112Juvenile $120 $112Fees for appointed appellate counsel are set by statute,Va. Code Ann. § 19.2-326, at “not less than $300.”There is no cap; the usual fee appears to be $400. TSRat 47.These fees are the lowest in the United States; that facthas been consistently true and well-known for manyyears. TSR at 46, App. A passim.Training and OversightPrior to 2004 there were neither formal trainingprograms for PDs or court-appointed counsel, TSR at 33-34, 40, nor were there minimum qualification standards.TSR at 32-33, 4041.1Caseload2Public Defenders : In fiscal year 2002 the averageannual caseload per PD was 507 (low of 364 [Halifax];high of 674 [Winchester]). TSR at 27-28. A “case” is allcharges against a single defendant in a singleproceeding. “Caseload” is the total number of cases(felony, misdemeanor, juvenile) handled by an attorneyin a specified period.“Caseload” and “workload” are different. The latter isderived by segregating cases by type and assigning anumber of each type that an attorney can effectivelyhandle in a specific period. If an attorney handlesdifferent types of cases, the number of each is pro tantoreduced to reach workload. Assume a workload standardof 150 felonies or 300 misdemeanors per year. Anattorney who handles 75 felonies (50 percent of 150) and150 misdemeanors (50 percent of 300) has met hisworkload.Because TSR reports only caseload, comparison of theVirginia data with external data is imperfect.Nonetheless, it appears the task of a Virginia PD isexcessive. Even if all 507 cases annually handled by aVirginia PD were misdemeanors, the workload isexcessive. TSR sets out a table of PD workload in otherstates. TSR at 31. The highest workload formisdemeanors only is 450. Perhaps more telling, the1990 Report of the Department of Planning and Budget[hereafter 1990 Report] utilized a consultant to establishworkload. 1990 Report at 16. The consultantrecommended 400 misdemeanors or 185 felonies as aworkload. For reasons not specified, the 1990 Reportrejected those recommendations and established what itcalled “adjusted workload.” The 1990 Report’s adjustedworkload is 520 misdemeanors or 240 felonies. Thus, aVirginia PD who handled 507 misdemeanors in a yearwould be right at adjusted workload. But the Virginiacaseload average of 507 includes felonies and soexceeds the adjusted workload, which itself substantiallyexceeded the consultant’s recommendation.Appointed Counsel : Caseloads (or workloads) carried bycourt-appointed counsel cannot be definitivelyestablished. However, the data on court-appointed feesobtained from the Virginia Supreme Court shed somelight. That data report fees paid in four categories:capital, felony, guardian ad litem [hereafter GAL] andother. The “other” category is principally misdemeanorsand juvenile cases. The data is reported by payee. Inmany instances the payee is a law firm rather than anindividual. The examples that follow are selected fromamong the individual payees:Wells234 felonies; 5 GAL; 311 otherFantl298 felonies; l GAL; 533 otherCarmody1168 otherEven discounting the “other” figure to account for non-criminal, non-GAL appointments, it is clear that thenumber of appointments exceeds any published workloadstandard. If it is assumed that these attorneys hadadditional paying clients, the excessiveness becomesmore pronounced. This raises a quality-of-representationissue that is similar to the PD case-overload issue andthat is distinct from the compensation issue.On August 3, 2004, the Virginia State Bar releasedLegal Ethics Opinion 1798 [hereafter LEO 1798]. TheOpinion is directed at questions raised by excessiveprosecutorial caseload; it states that “a Commonwealth’sAttorney who operates with a caseload so overly large asto preclude competent, diligent representation in eachcase is in violation of the ethics rules.” LEO 1798 at 3(note call omitted). The Opinion includes this footnote:“Although this opinion addresses workload forprosecutors, excessive caseloads for public defendersand court appointed counsel raise the same ethicalproblems if each client’s case cannot be attended withreasonable diligence and competence.” LEO 1798 at 2,n.2.

14/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005Whether one focuses on the numbers or the anecdotalevidence, TSR at 27-32, many PDs currently have these“ethical problems.” The caseload numbers for somecourt-appointed counsel likely mean that those attorneyshave the same “ethical problems”IndigencyThe basic scheme for indigency determinations isfound in Va. Code Ann. § 19.2-159, 159.1. Section19.2-159 requires the judge to “determine from oralexamination of the accused or other competent evidence”whether the defendant meets the indigency guidelines setout in the statute. If the defendant meets the guidelines,he is required to execute a statement of indigency.Section 19.2-159.1 requires that the court “thoroughlyinterrogate” a defendant who executes the statement ofindigency. A defendant determined to be indigent is thenappointed a PD or court-appointed counsel.Anecdotal evidence strongly suggests that indigencydeterminations are, in general, not thoroughly conducted.LitigationThere is one reported case in Virginia in which thecompensation system for court-appointed counsel waschallenged. In Webb v. Commonwealth, 32 Va. App. 337,528 S.E.2d 138 (2000 the defendant asserted that hehad been denied hs right to conflict-free counsel becausethe low fee paid his attorney created a financialdisincentive to effective representation. A panel of theCourt of Appeals rejected this argument, in part, becauseWebwfectively represented and, thus, could notshow prejudice. The Virginia Supreme Court, in anunreported order, rejected Webbs petition for appeal,and the United States Supreme Co denedcertiorari.Webb v. Virginia, 534 U.S. 945 (2001). The result inWebb effectively precludes further litigation in statecourt, because the only way an attorney can pursue theissue is by providing ineffective assistance.In addition, at the time of Webb, other attorneys werethreatened with removal from the list of appointedattorneys if they pursued a similar claim.At present, federal litigation is contemplated and is inthe planning stages. Steve Benjamin, the defense attorneyin Webb, has the support of a Washington, D.C., law firmfor such litigation. If that litigation materializes, theBoard of Governors of The Virginia Bar Association willdecide at that time whether the Association shouldsupport it, as amicus curiae or in other ways.PublicitySince TSRwby deficient state ofindigent defense in Virginia has been reported on oreditorialized about by virtually every major newspaperserving the CommoAleast the followingappeared during 2004:• The Washington Post: “Va. Defense of IndigentDenounced” February 4; “Pay the AttorneysMM NAJuy 4;“Inex“Aeon VrginiaB” July 6; “Fixing Virginia’s System,” July 7; “ALaw Tale,” Augut 6.• RichmmDpach: ted for weakcou for poor,” February 2.• ThVrginianPot: ce on the cheapisjustice denied,” Ma“ceisinadejuice,” July 12.• The Roank Tims: s court-appointeddefenattorneys are lowest paid in U.S.,” May 24;“Cmairnessto system,” M2“ceJuy 3.• Lynchburg New &Advane: dofjustice for all,’ ” June 2.RstributionThfiscal year 2004 data obtained fromthe VrginiaSufirms/attorneys who received$1iscalyear. Those firms/attorneys received $6,347,919forrepresenting 99953 deeones.Tewdis as follows: Total fees paid No. of defendantsNfelonies $4,379,76442Cal felonies $1,968,155 53Thcade captaldefend — all felony defendants —acco 3co-apepdfordefeno all felonies. The Virginia Bar Associationbelieves that this allocation of scarce resources should becarefully consideepcyis deveophs areaTHE VIRGINIA INDIGENT DEFENSE COMMISSIONThVginia Indigent Defense ComterVDcreated by the 2004 General Assem Va.CA2suhVrginiaPuic Defender Comheafter VPDonJuly1, 2004 ThVl indigent defenseservices, PD and court-appointed. The duties of the VIDCare:1. to operate the PDofices, including creation ofcaseload standards;2. to “enforce the qualification standards” forattorneys seeking to be court-appointed;3. to create training programs and training coursesfor court-appointed counsel;4. to maintain a list of qualified court-appointedcouthe qufications are set out in Va. CodeA § 19.2-163.03);5 to “establish official standards of practice” forcout-appnedcestablish guidelinesfor rem attornefromst of qualifiedattorneys;6. to establish (with the Virginia Supreme Cou,

FEBRUARY/MARCH 2005 CIATION NEWS JOURNAL/151. Specialized training for capital defenders, whether court-appointedor PDs, has been mandated by statute since 1991. See Va. Code Ann.§ 19.2-163.7, 163.8.2. There are many published standards for caseload/workload. TheCommittee did not find an empirical basis for any of them andbelieves such data do not exist.3. The original data received from the Virginia Supreme Courtincluded 10,004 felony defendants — 9942 non-capital defendantsand 62 capital defendants. That data was in error. An attorney listedas having represented 10 capital defendants, in fact, representedonly one capital defendant. E-mail from Kathy Mays, Supreme Courtof Virginia, September 1, 2004.NOTESVirginia State Bar and Virginia Crime Commission)“standards of conduct” for indigent defenders;7. to require collection of caseload data by PD offices;and,8. to report annually to the Crime Commission andCommittees of the General Assembly on the “stateof indigent defense in the Commonwealth, includingVirginia’s ranking amongst the 50 states in terms ofpay allowed for court-appointed counsel....”The immediate effect of the VIDC’s creation is thatattorneys who want to be court-appointed must attend sixhours (10 hours for juvenile cases) of specific continuinglegal education. Of course, that means that thoseattorneys must forego time from their practices and payfor the courses while continuing to be inadequatelycompensated for the cases to which they are appointed.Two groupings of the VIDC’s statutory duties needspecial mention. The first grouping includes the duties to“establish official standards of practice” and removalguidelines for court-appointed counsel and to establish“standards of conduct” for all indigent defenders. Virginiahad not previously had any formal mechanism foroversight of court-appointed counsel, and supervision ofattorneys within VPDC was minimal. TSR at 2, 32. TheVirginia Bar Association understands the terms“standards of practice” and “standards of conduct” to bequalitative and to be broader in content than the Rules ofProfessional Conduct. The Association also assumes thatsuch standards will include caseload limitations for court-appointed counsel.The second grouping includes the caseload-data-collection requirement for PDs and the annual report ofranking of compensation for court-appointed counsel. TheGeneral Assembly has known for many years that PDcaseloads in Virginia are excessive and that Virginia is50th in compensation for court-appointed counsel. Whenthe VIDC reports in 2005, it presumably will once againreport those two facts. The General Assembly will havelearned nothing new. Unless the General Assembly isable to generate the legislative will to act upon thatinformation (and The Virginia Bar Association standsready to assist the General Assembly and other stateleaders in this regard), nothing will have changed. Unlesssuch action is taken, the VIDC’s annual report will simplybe added to the list of the many unheeded reports andstudies identified in TSR, App. A.The VPDC has been sharply criticized for its timidity infailing or refusing to seek resources for its attorneys. TSRat 25. The Virginia Bar Association very much hopes thatthe VIDC will resist such timidity, and will insteadbecome an effective voice for quality indigentrepresentation. The Association is committed to stronglyencouraging and supporting the VIDC to become such aneffective voice.CONCLUSIONS1. The state of indigent defense in Virginia has longbeen, and continues to be, deplorable.2. That fact is well-known to all three branches ofstate government.3. Drastic remedial action to increase compensationfor court-appointed counsel and resources for PDs isnecessary.4. Increases in compensation and resources must beaccompanied by quality controls.RECOMMENDATIONSBecause of the deplorable state of indigent defense inVirginia, The Virginia Bar Association recommends theseveral urgent steps listed below. The Associationrecognizes that these recommendations will require theCommonwealth either to acquire new resources orreallocate existing resources. Either approach will raiseextraordinarily difficult issues of policy. The Associationdoes not presume to resolve those issues in this Report,but it is ready and willing to assist Virginia’spolicymakers in grappling with those issues.The Virginia Bar Association recommends thefollowing:1. Compensation for court-appointed counsel shouldbe brought at least to the median among the 50states.2. Compensation, resources and numbers of PDsshould be brought into parity with their prosecutorialcounterparts.3. Mechanisms should be found to alleviate thestrain on existing indigent defense resources. Forexample, stricter scrutiny of claims of indigencyshould be imposed, and the federal model for court-appointed counsel partially paid by the defendantshould be adopted. Such measures alone will notmeet the goal of bringing Virginia’s indigent defensesystem to an acceptable standard, but they canmarginally improve it.4. The VIDC mandate should be clarified to stressthe creation and monitoring of qualitative standards,including caseload standards for indigent defense inVirginia.E. Tazewell EllettPresidentThe Virginia Bar AssociationJanuary 14, 2005

16/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005Svs and Pro Bono Servantsthroughconacts with andpeions for more than 40legal associations, commttees andCograms;the Cou’sPoamtopodinformive and mvatingpoamo lawyers and judgesavce such as thesession at the VBA Annual MeeingonFiday January 21, about howto serve effectively as a nonptboard member;Dptnershipwhvaioulegal servicespoamo help lawyers learn howto provide po bono publicolegalassistance in the Commonwth;thma thismsurvey by theCs Pubic Service LawyerCoficesaoto identify andp pro bonopies on ourwho;the Co’sPc Service Lawyer Commteefor approval by the Supreme Coutof Vrginia of the new VirginiaSate Bar “Emeritus MembershipSatus”for senior lawyers whichwno effect on Septemb 1,2004;onof the CSP ChterCo includeall lawyers andjudges who make the commitmentbnnng in 2004 rin 200to bea VB ProBSvant;Dp a 2005“Ctorecruit many moe lawyers andjudo participate in 2005.

This is the first formal Report tothe VBA Membership from theCommty Service ProgramCouncil. This report is brief,perhaps thereby less than elegant,in the hopes that you will be betterable to take time to read it. I hopeyou will do so.As you know, we launched theCommy Service Program at theVBA’s January 2004 AnnualMeeting. We have opet to alllawyers and judges in theCommregardless ofwhether they are VBA members ornot, because the VBA believes sostrongly in the importance oflawyers providing public service,including pro bono publico legalservice.Howeve, because this isadministered by the VBA andrepresents a serious and sizablecommtmbthis organization,we believe our members shouldreceive a report as to its progress.This Report will consist of thesegeneral subjects: a brief reminderof the purpose of the program; asummof our activity in 2004 (alist of expenditures of ourresources if you will); anaccounting of results to date; anevaluation of our progress; astatement of projected 2005activity; and our conclusions.Summy of MissionThe Commty Service Programis established to motivate andfacilitate as many lawyers and judgesas possible to perform a minimum of50 hours each year of public serviceincluding community service and probono publico legal service.2004 Efforts• Program launch in Januarywith first full Council Meeting inWliamdafting of bylaws,creation of Council committeeswith work goals, and opening ofVBACn and ProBono Servant Programs;• Creation of a separate page onthe VBAwte to convey updatedinformation about the programincluding forms that may bedownoadromthe wte foreasy registration as a Communityor Pro Bono Servant;• Creation of a package ofinformation materials about theprogram called the “OutreachPack”anwribution ofit through various channels,including e-mail to anyonerequesting it;• Establishmof a regularpresence of the Program in eachVBA News Journal;• Clarification of lawyer publicservice policies, and use ofcommtee mechanism to answerpolicy questions on an ongoingbasis;• Creation of a Law SchoolLiaison Comwth faculty/admnstrator and studentrepresentation from each ofVirginia’s law schto facilitateand encourage that community’sparticipation in the Program,including allowing participation bylaw school students as CommunityServants and Pro Bono Servantsbeginning no later than January2006;• Personoureavities,such as inviting lawyer and judgeparticipation as CommunityCOMMUNITY SERVICE PROGRAMReto the Association:The Comvice Programs Frst Yarby Alfred M. Randolph Jr., Co-Chair, VBA Commty Service Program

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/17Accounting of ResultsThe foregoing list is evidencethat the VBA’s commitment to thisprogram has been quite large interms of volunteer and staff timeresources.As a result of this first-yeareffort, more than 400 lawyers andjudges made the commitment in2004. Certification forms that theyhave completed their 2004commitment will be provided inearly 2005. The list of those socertifying will be publicized andsent to the Chief Justice of theSupreme Court of Virginia as wellas to the American Bar Associationfor noting and commendation.This represents more than20,000 hours of public service bylawyers and judges in 2004.A large percentage of theparticipants are VBA members.EvaluationA question is whether the resultsjustify the commitment ofresources. Is the percentage ofVBA member participation and thepercentage of licensed attorneysparticipating a sufficientachievement?Our conclusion is that the firstresults are both a success and awake-up call.We thank the many who havehelped to get this program going inits first year, those who havepledged to be 2004 CommunityServants or Pro Bono Servants,those who have hosted ouroutreach presentations, and whohave publicized the program intheir own publications.400-plus is a good place to start.But we also think a much higherpercentage of our own membershipshould be VBA CommunityServants and Pro Bono Servants,and we think a much largerpercentage of licensed attorneys inthe Commonwealth should alsoparticipate. We know that so manyof you are performing the 50 hoursor more a year and many othersare “teetering on the brink” andjust need that encouraging push tomake the commitment. Please donot wait another year.2005 PhaseWe have formed the CharterClub and invite all of you, alllawyers and judges, to join andmake the commitment as aCommunity Servant or Pro BonoServant in 2005. You will receiveextra recognition, appropriately so,because any lawyer or judgemaking the annual commitment in2004 or 2005 is giving thisprogram a vital lift. You will havebeen the “wind beneath the wings”of this program, creating criticalmass, and thereby motivatingothers to participate.We will also run a “Make theCommitment” drive in 2005, bringin the law school communities, andwith increasing numbers plan toevaluate at the end of 2005 whatshould happen next for thisprogram.ConclusionIs it worth it? We continue tothink so. The VBA’s belief incomplete professionalism is thatsuch professionalism must includecommunity and pro bono publicolegal assistance. Indeed lawyersand judges do well by doing good.It serves those who need thehelp, it serves ourselves inpersonal ways, and it serves theimage of the profession.I invite you to read Co-ChairmanSenior Justice Carrico’s Letter ofChallenge to the Profession(published in the December/January issue of the VBA NewsJournal and available atwww.vba.org). Please read it,become a Charter Club member,and urge a colleague to become aVBA Community Servant or VBAPro Bono Servant.Do it now. VBAMake the Commitmentto Community Service!The VBA Community Service Programwants you... and your law partners...and the members of your local barassociation!As the Community Service Programenters its second year, its Councilmembers are determined to increasethe number of participants across thestate. Based on comments fromattorneys and judges who havecertified their service hours for 2004,doing good does one good — and theCommunity Service Program isworking to spread that good feelingthroughout the Commonwealth withits “Make the Commitment” drive,March 1-May 31, 2005.All Community Service Programparticipants for 2004 and 2005 willbe part of the CSP Charter Club andpublicly recognized for their servicecontributions. You’ll want to see yourname on the Charter Club list!Remember, the VBA CommunityService Program doesn’t cost anything(no dues, no fees); you don’t have to bea VBA member; and it’s not amandatory program with a bunch ofrecords to keep.All you have to do is visit theCommunity Service Program page onthe VBA website at www.vba.org, printout a commitment form for “VBA ProBono Servant” or “VBA CommunityServant” and complete it, then send itto the VBA office.You’ll commit yourself to perform 50hours of pro bono publico legal serviceor nonlegal community service thisyear. (Let’s face it, many attorneys domuch more than 50 hours of serviceevery year.) Later, you’ll receive a formto report your service to the VBA, andearly in 2006 the Association willpublicly recognize those lawyers whohave completed and reported theirservice.Questions? Just give us a ring (at (804)644-0041) if you don’t find all thedetails you need on the website. Makeyour commitment today!Names of VBA Community Servants,Pro Bono Servants and those whocompleted the requirements for bothdesignations are listed on thefollowing pages.

18/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL BRUAY/M2005VIRGINIA LAWAND JUDGESVBA COMMUNITY SERVANTSDebra Albiston, Virginia BeachHon. William N. Alexander II,Rocky MountDavid Grant Altizer, TazewellRobert B. Altizer, TazewellAnne-Marie Amiel, ChesapeakeAlan S. Anderson, AlexandriaBarbara S. Anderson, AlexandriaHon. Rosemarie Annunziata, FairfaxDavid N. Anthony, RichmondThomas D. Applewhite, RichmondCharles B. Arrington, Jr., RichmondEdward Scott Austin, RoanokeMargaret I. Bacigal, RichmondHon. Gerald L. Baliles, RichmondMichael E. Barney, Virginia BeachStanley G. Barr Jr., NorfolkRobin W. Baxter, RestonHon. William Alan Becker, ManassasCameoS Bl Jr., AbingdonThomaG Bel Jr., StauntonWilliam W. Bennett, HalifaxDarren W. Bentley, DanvilleLee E. Berner, McLeanJ. Edward Betts, RichmondMichael F. Blair, BristolHon. Randall M. Blow, Virginia BeachValerie Brennan, McLeanWilliam G. Broaddus, RichmondTurner A. Broughton, RichmondSamuel R. Brown II, Virginia BeachThomas C. Brown Jr., McLeanKristan B. Burch, NorfolkE. Andrew Burcher, AlexandriaKathleen D. Burgess, AlexandriaGina M. Burgin, RichmondMonica Scales Burke, McLeanAnn T. Burks, RichmondHon. R. Edwin Burnette Jr., LynchburgLisa R. Butler, SmithfieldDavid A. Buzard, NorfolkRobert L. Calhoun, AlexandriaHon. Louis K. Campbell, FincastleLeroy T. Canoles Jr., NorfolkSusanne Harris Carnell, McLeanHon. Harry L. Carrico, RichmondWhitney J. A. Caudill, AbingdonJames L. Chapman IV, NorfolkMatthew Cheek, RichmondFebronia Christ-Ogle, Newport NewsAndrew K. Clark, RichmondDonna S. Clark, LynchburgHon. John E. Clarkson, NorfolkJames K. Cluverius, RichmondJames M. Commons, CharlottesvilleAnthony E. Cooch Jr., FairfaxDeborah M. Costello, RichmondJames K. Cowan Jr., BlacksburgCharles S. Cox, AlexandriaTimothy A. Coyle, NorfolkDebra Lynn Creasy, DanvilleJames R. Creekmore, RoanokeAnn Kiley Crenshaw, Virginia BeachCyane B. Crump, RichmondJohn J. Davies III, CulpeperGregory R. Davis, WilliamsburgJason R. Davis, NorfolkRobert B. Delano Jr., RichmondHon. RodhamT Dek Jr., SuffolkDavid Delpierre, NorfolkPatrick C. DevneJr., NorfolkDustin H. DeVore, WlliamsburgRobet L. Dewey, NorfolkAlan A. Diamonstein, Newot NewsNancy C. Dickenson, LebanonAnn Schreiber Dodson, NofolkW Birch DoI, RichmondWler T. Dudley, McLeanNicole H. Duke, NorfolkKaren L. Duncan, NorfolkFrank A EdgJr., Newort NewsThomas A. Edmonds, RichmondGregory D. Edwards, JonesvlleE. Tazewell Ellett, Washington, D.C.MEliott, AlexandriaUrche B Elis, RichmondKimbely Emery, ChottesvilleJ. Benjamin English, RichmondJohn D. Epps, RichmondPatricia K. Epps, RichmondTraci B. Eskildsen, McLeanMly S. Evans, Wnton D.C.H. Maloy EvaII, Wo D.C.H. Bradley EvanJr., AlexandriaRobn K. Everett, McLeanReneB Fain, RichmondHowFler, RichmondMchae D. Flemming, McLeanG. Franklin Flippin, RoanokeWlliam E. Franczek, NorfolkKari Lou Frank, RichmondJeanne F. Franklin, AlexandriaJennifer R. Franklin, RichmondMcha L. Freshour, HaifaxPaul W. Gerhardt, WlliamsburgJohn A. GibneJr., RichmondHon Larry E. Gilman, HanoverEmly M. Ginger, McLeanJennifer Lee Gobble, AbingdonShawAlan Gobble, AbingdonRobet C. Goodm., NofolkAllen C. Goolsby, RichmondMlynn C. Goss, RichmondDavid Graham, WlliamsburgTarah S. Grant, McLeanDavid I. Greenberg, RichmondTimothy W. Gresham, AbingdonHo CthJr., NofolkCarolyn M. Grimes, AlexandriaRoge D. Groot, LexingtonMchae C. Guanzon, DalleHon. Catherine Currin Hammond,RichmondBradley A. Haneberg, RichmondLarry T. Harley, MarionAndrea J. Harlow, RichmondJames Harvey, NorfolkLivingston Haskel, RichmondHon Leroy RouneeH Sr.,RichmondQ. Russell Hatchl, FairfaxSteven L. Higgs, RoanokeR. BraxIII, NorfolkR. Braxtol IV, RichmondMay Ann Hinshelwood, ChistiansburgGlenn M. Hodge, HarrisonburgMakB Holland, DalleMchJ. Holleran, RestonChristopher J. Honenberger, OrangeElizabeth Mason Hosley, RichmondKeith N. Hurley, RichmondMchae A. Inman, Virginia BeachJamJackso nokeMy F Jame eanG Jam olkK olkCe R. Jessee,AbingdonDJohnso chmondCstoA Jone chmondCMo chmondJa nokeDd Kam olkR Kaan liamsburgE Andrew Kee apeakeKrkanMe olkSt Kezma olkDKng chmondH Stnle P Ken rxDn eanA Kom sasNKottkam chmondDCg Lann chmondSing S Larned exaniaToA Leeson anokeThe okeGe Lews faxELow leRcM olkJeffrey L. Marks ginia BeachH nokeH okW ngdonVn M okJ. Ro faxM chmondKeen M M AlenHM ngdonBnad Alan McGra zeThoaxton Mc okBh V. McMa olkJohn F McM ecksburgC Mp okJamV Meath, RichmondDd S. Mercer, McLeanPlip O. Metcalf, McLeanBG MJr., RichmondG W chmondLgM leHJos eD NewsH VctoM athamWley F Mitc Jr rkJoT M nokeHB Mo exaiaGenR Me chmondA M liamsburgA M ngdonE Dufy Mtetus chmondCnL Nad chmondAso chmondJohRso gMet A Neson hburgM Neson leDavid B. Neumer hburgH R Trence Ne rxJeaK Nieba exaniaCstina Novak nokeJoseB Obe okeJohB O’Grad chmondMR exandiaDz, rfaxJ. Lee E. Osborne nokeS chmondSeOo chmond

FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/19WHO PLEDGED SERVICE IN 2004Richard H. Ottinger, NorfolkG. Michael Pace Jr., RoanokeSakina K. Paige, RichmondSarah R. Palmara, WilliamsburgSharon E. Pandak, Prince WilliamLacey R. Parker, WaynesboroHon. Albert W. Patrick III, HamptonDonald N. Patten, Newport NewsEric C. Perkins, RichmondGordon P. Peyton, AlexandriaJanet P. Peyton, RichmondMarina Liacouras Phillips, NorfolkDelphine G. Pioffret, NorfolkWilliam B. Porter, FairfaxAnita O. Poston, NorfolkRobert H. Powell III, NorfolkStephen C. Price, LeesburgHon. William T. Prince, NorfolkJonathan E. Pruden, NorfolkGlenn W. Pulley, DanvilleTracy L. Quackenbush, HalifaxMichael J. Quinan, RichmondNancy Quinlan-Jaffa, ArlingtonAlfred M. Randolph Jr., NorfolkGant Redmon, AlexandriaErica Reed, NorfolkThomas E. Repke, McLeanWesley E. Rice, Newport NewsJohn W. Richardson, Virginia BeachDaniel F. Rinzel, AlexandriaCliona Mary Robb, RichmondHon. Joshua L. Robinson, LurayLynn L. Robinson, RichmondHon. F.G. Rockwell III, ChesterfieldJohn F. Rogers, AlexandriaNancy N. Rogers, RichmondDean A. Romhilt, McLeanThomas H. Rose Jr., Stony CreekJill A. Roseland, Virginia BeachAubrey J. Rosser Jr., AltavistaD. Alan Rudlin, RichmondC. Edward Russell, NorfolkJohn M. Ryan, NorfolkKarl L. Santone, GordonsvilleHon. Pamela Meade Sargent, AbingdonWilliam R. Savage III, SuffolkKatharine A. Schkloven, RichmondL. Scott Seymour, NorfolkGeorge Warren Shanks, LurayHon. William W. Sharp, Front RoyalHon. Louis A. Sherman, NorfolkHarriett H. Shivers, RoanokeJames H. Shoemaker Jr., Newport NewsW. Dean Short, Newport NewsWinthrop A. Short, Newport NewsDavid G. Shuford, RichmondPaul A. Simpson, FredericksburgHon. Franklin M. Slayton, South BostonCheryl Watson Smith, RoanokeDavid Shane Smith, RichmondJames D. Snyder, Clifton ForgeJ. Douglas Sorensen, NorfolkJames W. Speer, RichmondMary Yancey Spencer, RichmondStuart P. Sperling, NorfolkDavid H. Spratt, FairfaxGregory T. St. Ours, HarrisonburgGregory M. Stewart, NortonEdward R. Stolle, Virginia BeachStephen E. Story, NorfolkPeter T. Straub, AlexandriaHon. Diane M. Strickland, RoanokeElizabeth B. Stutts, RichmondAnn K. Sullivan, NorfolkCecelia A. Tabois, McLeanNeil S. Talegaonkar, RichmondHon. Jacqueline F. Ward Talevi,RoanokeCullen G. Taylor, McLeanHon. Lydia Calvert Taylor, NorfolkJames W. Theobald, RichmondAnthony M. Thiel, NorfolkFrank A. Thomas III, OrangeHon. George Tidey, RichmondKing F. Tower, RichmondTimothy O. Trant II, WilliamsburgWilson R. Trice, RichmondGeorge E. Tuttle Jr., AlexandriaAnn B. Vaden, CharlottesvillePeter B. Vaden, CharlottesvilleWilliam R. Van Buren III, NorfolkJohn W. Vaughan Jr., RichmondWilson F. Vellines Jr., StauntonJennifer W. Vincent, Newport NewsShawn A. Voyles, NorfolkSuzanne E. Wade, RichmondThomas P. Walk, TazewellLewis Webb, NorfolkRobert A. Welp, McLeanElizabeth L. White, WilliamsburgKimberley Slayton White, HalifaxJohn E. Whitfield, HarrisonburgBurt H. Whitt, NorfolkGordon A. Wilkins, WarsawMelvin E. Williams, RoanokeSteven R. Williams, RichmondRobert Lee Yancey, DanvilleSteven R. Zahn, NorfolkRichard W. Zahn Jr., NorfolkVBA PRO BONO SERVANTSAmanda Beasley, RichmondLisa A. Bertini, NorfolkDavid B. Bice, LynchburgNash Bilisoly, NorfolkAlexandra D. Bowen, RichmondWallace W. Brittle Jr., WaverlyEleanor Weston Brown, Newport NewsGary M. Coates, LynchburgWilliam D. Dolan III, ViennaRobert A. Dybing, RichmondMichael D. Erickson, McLeanJoseph W. Gorrell, FredericksburgChristina E. Hassan, McLeanKenneth J. Hautman, McLeanStephen M. Hodges, AbingdonJohn M. Holloway III, RichmondBryson Hunter, RoanokeHilary K. Johnson, AbingdonJ. Jack Kennedy Jr., WiseAnne Leigh Kerr, RichmondChristy E. Kiely, RichmondKelli King, Newport NewsBrian M. Koide, RestonAaron James Longo, McLeanTimothy J. Lyden, McLeanHon. Elizabeth A. McClanahan,AbingdonHenry W. McLaughlin III, RichmondSteven A. Meade, Newport NewsMeredith B. Miles, RichmondH. Ronnie Montgomery, JonesvilleFrank West Morrison, LynchburgSean F. Murphy, McLeanE. Carter Nettles Jr., WakefieldSusan North, WilliamsburgHugh L. Patterson, NorfolkPatrick R. Pettitt, Newport NewsMatthew G.J. Senfield, RoanokeJennifer J. Sherwood, Newport NewsShelley L. Spalding, RichmondJennifer L. Stevenson, RichmondPhillip C. Stone, BridgewaterRobert J. Stoney, FairfaxStephen Christopher Swift, AlexandriaJames W. Thweatt, RoanokeGerard Treanor, Washington, D.C.Daniel R. Warman, NorfolkNoah D. Weisberg, Newport NewsElizabeth P. Williams, Washington, D.C.VBA COMMUNITY/PRO BONOSERVANTS (combination of service)Elizabeth Atkinson, NorfolkElaina L. Blanks, NorfolkAndrea Bridgeman, McLeanErika L. Byrd, McLeanMarie D. Carter, RichmondM. Beth Colling, LynchburgN. Thomas Connally, McLeanDebra J.C. Dowd, RichmondJames P. Downey, ArlingtonB. Leigh Drewry Jr., LynchburgRobert B. Duncan, McLeanMichael P. Falzone, RichmondRobert L. Flax, RichmondMahlon G. Funk Jr., RichmondLane R. Gabeler-Millner, McLeanAnn McGee Green, RoanokeD. Brock Green, CharlottesvilleLaura Geringer Gross, NorfolkSusan Grover, WilliamsburgDouglas L. Guynn, StauntonKevin D. Holden, RichmondJ. Scott Hommer III, ViennaC. Ryan Jones, ChesapeakeHerschel V. Keller, LynchburgChandra D. Lantz, RichmondLisa Pierce Laughon, RoanokeAlex N. Levay, LeesburgChristopher M. Malone, RichmondLinda C. McCreary, FredericksburgKaren Turner McWilliams, RestonHeather A. Mullen, NorfolkJohn M. Oakey Jr., RichmondDavid Brian Rubinstein, FredericksburgArthur Strickland, RoanokeTracy L. Taliaferro, Colonial HeightsWilliam S. Tate, RichmondLori D. Thompson, RoanokeThomas Wallen, GoldveinJames L. Weinberg, RichmondCharles F. Witthoefft, RichmondMelissa Amos Young, RoanokeIs your name listed here? If not,consider signing up for the CommunityService Program for 2005; forms areavailable at www.vba.org.. All 2004 and2005 participants will be recognizedas members of the Community ServiceProgram Charter Club.

20/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL FEBRUARY/MARCH 2005ACROSS THE COMMONWEALTHSuccese aboh‘short sessionSuccesses abothe‘short sessionSuccese aboh‘short sessionSuccesses abothe‘short sessionSuccesses aboh‘short session for VBA’ for VBA for VBA’ for VBA for VBAlegislative efforts, although some goals remain elusivelegislative efforts, although some goals remain elusivelegislative efforts, although some goals remain elusivelegislative efforts, although some goals remain elusivelegislative efforts, although some goals remain elusiveThe 2005 General Assemblyconvened in Richmond on January12 and adjourned 46 days later,tackling its usual mass of legislationamid the morass of renovation-related construction in CapitolSquare. While the infamous “droopydrawers” bill garnered worldwideattention and other proposals touchedoff various controversies, TheVirginia Bar Association’s proposalsgenerally passed with little or nohoopla.The quest for increased funding ofindigent defense in Virginia met withobstacles, as several House ofDelegates bills dealing with the issuewere tabled in committee meetings,despite strong efforts by the VBA andother groups. Supporters of increasedindigent defense funding participatedin the first annual Indigent DefenseDay at the Capitol on February 15,and pledged to continue their effortsto increase funding levels and raiseawareness of the need for moreindigent defense funding. (See pages12-15 of this issue.)The VBAtraditional “legislativescorecard” will appear in the nextissue of the VBA News Journal andwill be posted on the legislation pageof the VBA website at www.vba.org.Membs of VBA substantive lawsections will shortly receivesummof legislative actionspertinent to their areas of practice.Current information on all bills fromthe 2005 session (and for allsessions from 1994 to the present) isavailable on the Virginia LegislativeInformation System atleg1.state.va.us. Here, we offer abrief overview of some highlights ofinterest to VBA members:Business Law: Revisions to theVirginia Stock Corporation Act (SB1228) and technical changespertaining to limited liabilitycompes (SB 933) passed bothhouses. Both were patroned by Sen.Wer Stosch, R-Henrico.Children’s Issues: Revisions tostandards for guardians ad litem (HB2246 D. Robert Bell, R-Albeme) were opposed by theVBll was tabled.Civil Litigation/Boyd-GravesConference: O the Civil LitigationSection’s proposals, SB 1018 (Sen.Wlliam Mim, R-Leesburg),regarding a general verdictaccomped by answers tointerrogatories, passed both houses,as did HB 2010 (Del. WardArmron DMnlle),clarifying the impact of changes inthe statutory judgmen interest rateon existing judgments.Several amendm to the Codeof Virginia were proposed by theBoyd-Gaves Conference and passedboth houses. These were patroned bySen. Mims; Sen. Mark Obenshain, R-Harisonburg; Del. Robert Hurt, R-Chathamand D. Joseph Johnson,D-Abingdon.Construction and Public ContractsLaw: Amhe VirginiaPublic Procurement Act regardingcontractual disputes (HB 2283, Del.Wliam Janis, R-Glen Allen) passedboth houses.Domic Relations/Family LawCoalition: No newinitiatives wereintroduced this year, but closemoring of family law-relatedlegislation kept a numbof billsopposedbythe coalition frompassing.Health Law: Carification of theVirginia Self Referral Act (HB 2237)and revision of the Certificate ofPublic Need (HB 2243), bothpatroned by Del. John O’Bannon, R-Heco, passed both houses.REtate: whichwowitle insuranceceriskrates and was patroned by D.Te Suit, R-Virginia Beach, passedbhhthe bill was supportedby the VBA.Ton: thlocaltax “pay to play” rule (HB 2769,D Sct Lingamter, R-Wboth houseswha Sesutute.W Trusts andEtae tingof restrictions on family members aswnesses of advance medicaldrectives (HB 258 passed bothhas did investmprotectionrerictionof the “lelist” ofseties afforded fiduciaries (HBbhparonedbyD TerryKgoe R-GCty. Sen. Mims’m wth revision to theUmCSB8alsopedboth houses.Als opposed by theAowfailedog thanhos of theVive team and lawyer-vouneers working on behalf of VBAsecions and com Severalohblls will be studied over thecthe yea for possiblemclarification andintroduction in the 2006 GeneralAemy.Whlegslativeseon attention turned to statewideelections in Novem AttorneyGegnn earlyFp gubalcamanw succeeded byJuth W Jagdmikelychlenger, Lieutenant Governor TimKremice.co to paraphraseBeD famnin AboutEve, “Fbts —’sgno be anelection year!” BA

option. A program for seniorcitizens, caregivers, guardians adlitem, and other professionalsproviding services to seniors willbe offered in Richmond, Tidewaterand Northern Virginia, and willaddress the appropriate use andpotential benefits of mediation inaddressing issues of concern tosenior citizens.The Joint Committee, incollaboration with Virginia CLE andthe Virginia Mediation Network,plans a one-day program titled“Skills and Strategies for LawyersRepresenting Clients in Mediation.”This program will be offered on May12 in Richmond and on May 13 inNorthern Virginia.Karen Keyes of Arlington is thechair of the Virginia AlternativeDispute Resolution (ADR) JointCommittee.FEBRUARY/MARCH 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/21Va. Law Foundation inducts 2005 FellowsThe Virginia Law Foundation inducted its newest Fellows on January 20 ina ceremony held during the annual Fellows Council dinner in Willliamsburg.VBA Executive Vice President Breck Arrington, who chairs the VLFFellows Council, presided at the event. Former Virginia Attorney GeneralMark Earley of Reston, now president of Prison Fellowship, was the after-dinner speaker. The program also included remarks from VLF President ScottStreet and a presentation on the VLF Fellows Mentor Program by HowardMcElroy and Melissa Carrico of Abingdon.The Fellows program was created in 1983 by the VLF Board of Directorsto encourage and recognize excellence in the practice of law and publicservice, and to support the programs and objectives of the Foundation. TheFoundation’s bylaws state that Fellows shall be “persons of integrity andcharacter who have maintained and upheld the highest standards of theirprofession and who shall be deemed outstanding in their profession and intheir community.” Selection is limited to one percent of the active andassociate membership of the Virginia State Bar and is comprised ofoutstanding lawyers, law professors, and retired members of the judiciary whoare nominated by the Fellows Council and elected by the Foundation’s Board.The Virginia Law Foundation Fellows Class of 2005 includes the followinglawyers of distinction:Benjamin C. Ackerly, Richmond;Mark L. Earley, Reston;Jeannie P. Dahnk, Fredericksburg;Benjamin R. Gardner, Martinsville;Alex R. Gulotta, Charlottesville;James M. Hingeley, Charlottesville;Lawrence H. Hoover Jr.,Harrisonburg;Joseph C. Kearfott, Richmond;Vincent J. Mastracco Jr., Norfolk;David S. Mercer, McLean;Gordon F. Rainey Jr., Richmond;Robert D. Seabolt, Richmond;George Warren Shanks, Luray;Hunter W. Sims Jr., Norfolk;Diane McQuade Strickland,Roanoke;Frank A. Thomas III, Orange; andAlda L. White, Stafford.ADR Joint Committee starts 2005 with a busy scheduleADR Joint Committee starts 2005 with a busy scheduleADR Joint Committee starts 2005 with a busy scheduleADR Joint Committee starts 2005 with a busy scheduleADR Joint Committee starts 2005 with a busy scheduleThe Virginia Alternative DisputeResolution (ADR) Joint Committeemet on January 20 during the VBAAnnual Meeting in Williamsburg.The agenda included a discussionof upcoming programs, website andnewsletter updates, subcommitteeactivities, pending legislation, andADR-related projects throughoutthe state. A networking receptionfollowed the meeting. The JointCommittee also co-sponsored twowell-attended CLE programs, “ANew ADR Model for the 21stCentury: An Introduction to theCollaborative Family LawProcess,” and “Arbitration: AWelcome ADR Compromise or AnUninvited Guest?”The Governor of Virginia hasdeclared March as Mediation Month.In observance, the Council of TheVirginia ADR Joint Committee hassupported a number of programs inlocations around Virginia.Virginia ADR Joint Committeemembers offered their help assupporters and mediators for peermediation conferences held atGeorge Mason University onMarch 15 (for elementary students)and March 16 (for middle schoolstudents). Joint Committeemembers also provided support forthe mediation competition heldFebruary 26-27 at the RegentUniversity School of Law.Public information booths are setup at various courts throughout theCommonwealth during March toinform the public about mediationas an alternative dispute resolutionWith Lodge underWith Lodge underWith Lodge underWith Lodge underWith Lodge underrenovation, VBA torenovation, VBA torenovation, VBA torenovation, VBA torenovation, VBA tomeet at Kingsmillmeet at Kingsmillmeet at Kingsmillmeet at Kingsmillmeet at KingsmillAs late-staying VBA memberschecked out of the WilliamsburgLodge on January 23, hotel staffersprepared to close the Lodge for a two-year renovation, the early stages ofwhich were already apparent toAnnual Meeting participants, with theEast and West Wings demolished andwalkways to the Tazewell Wingskirting construction areas.The Lodge will reopen in anenhanced state (see www.history.org,the Colonial Williamsburg website, formore information) in time forfestivities honoring the 400thanniversary of Jamestown in 2007.VBA members and guests willgather at Kingsmill Resort for the116th Annual Meeting (January 19-22, 2006) and plan a return to therenovated Lodge for the 2007 AnnualMeeting, which will also mark the50th anniversary of the VBA YoungLawyers Division.The VBA Summer Meeting will beheld July 14-17 at The Greenbrier.Watch for more details!

22/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL BRAY/M2005Eotoal attorneys selected for the 2004Le list, published by gnianess We spacepeupshing all names,th list is available online atwgniabusiness.com.Frank Greenof the hmm-Dspatch and Wers eWly, also of Richmon are the 2004recipiens of The Virginia Bar AssocationAJosmnthe Field of Law andJutice.AL Tayor Jr.of Troutman SandersLn Rchmapned byPden Buto the U.S. Commssion onCvl Rights. The Commssion is composedof eight individuals, four of whom areaphPede andfour byCTcoermofsix years. Taylor is a member of the TroutmanSEv Cptnerin Cce grouin thefirms RichmBjoiningTmhserved asDonofHE Inhe was namthe Amcan BarAion (State and Local GovernmentSion) “Up and Comer.”Juiou P SmJr,chairman and CEOof WliamMey received theR Hll-TuckerPService Aw Thawwsnrst recipiens, Oliver HlanSh mthelegal profession who “render conspicuouspservice andotherwedstinguishthemcto society beyond thepaice of law.” A memof The SalvationACof Fam hehpreviously received the RichmondT AwanthePrick Hey Puc Service Award fromthe Wor Lean thePc Interest at Hampden-SydegeA theVginia Founion for IndependentChaso serves on the boardofdrectors of Richmond Rsan wa aco-chair of the 2004 CCA American CancerSey Gf Tournas a past chairmanof the Greater Richmond United WayCservedas chair of the 2002 Annual Dinnerfor the Miple Sclerosis Society and as aformstate chairmo the USOymComee.

Nomnions sought for DeMallie AwardNomnions sought for DeMallie AwardNomnions sought for DeMallie AwardNomnions sought for DeMallie AwardNomnions sought for DeMallie AwardThe ComeeoCnngLeg Edonof the Virginia Law Foundationseeks nomnaions for its eighth Gardener G. DeMallie Jr. Award. The award wasestablished in 1998 to honor Dee a Semfor Virginia ContinuingLegal Education from 197l his untimely death in October 1996 It recognizes anindividual who demonstrates a strong commtmaonto the highestideals of professionalism in the practice of law, the administration of justice, and thecompehega professon in Virginia; represents dedication to excellenceand collegiality in the profession and conducts herself or himself with unquestionableintegrity; exhibits a deep commitment to legal learning through post-admission legaleducation and to a love of the law and has made an outstandng contribution tocontinuing legal educaonin Virginia in the form of publications, lectures, or thecreation or administration of programs. Rece spefic contributions, contributionsover a period of time, or career achievements will be considered. Current membersof the Virginia CLE CommeVrginia CLaneigible forconsideration. Prior recipients include Peter C. Manson (1998), Thomas E. Spahn(1999), Courtland L. Traver (2000), Lawrence D. Diehl (2001), Benjamn C. Ackerly(2002), Louis A. Mezzullo (2003) and Frank E. Brown (2004. The awadwll bepresented at the 67th Ann MthVrginia State Bar in Virginia Beach onJune 18, 2005. Nomnations mbesueothe form printed below.NOMINATION FORMName of Nominee _____________________________________________Profession ___________________________________________________Employer/Firm/Affiliation _______________________________________Address of Nominee ___________________________________________City ___________________________ State ________ Zip ____________Telephone __________________________________________________Name of person making nomination________________________________Telephone __________________________________________________Signature ___________________________________________________(Please attach an additional sheet describing how the nominee meets the Gardener G.DeMallie Jr. Award criteria.EWSIN BRIEFEXECUTIVE SEARCH The Virginia Bar Association, the oldest voluntary bar association representing thegeneral interests of lawyers and judges across the Commonweath, is now seeking anExecutive Director to replace its chief executive who has announced his retirement.Applications should be directed to James V. Meath, President of the Association, c/oWilliams Mullen, Post Office Box 1320, Richmond, Virginia 23218-1320. Compensationand benefits will be competitive and dependent upon qualifications and background. The Virginia Bar Association, founded in 1888, has some 5,600 members organizedunder a Board of Governors and includes some 26 substantive law sections andcommtee Pincipa areas of interest to the Association are legislation and law reform,the administration of justice, public and community service programs, annual andspecific substantive law meetings, forums and other events, law practice management,a vigorous Young Lawyers Division and the expanson of collegial relations among lawyersand the judiciary. Candidates for the position of VBA Executive Director must have a college degree. Astrong preference will be shown for a graduate degree in law, association management,or in law-related disciplines. The successful candidate should offer at least 10-15 yearsof relevant post-degree experience in responsible positions, should have a demonstratedability to lead an organization under the direction of a Board of Governors, and shouldhave a demoity for organizational and manages related to lawpractice, legislation, administration and finance, membership and fund development,common public and bar service program developmen and eve planning. Thecandidate will be expected to direct and manage the annua budg anastaff ofapproximately seven individuals and to serve as an effective representative andspokespes the Ason its interactions with representatives of stategovernmen, the Virginia Judiciary, the various bar associations, the lawyers of theCommc at large. The Virginia Bar Association is an equal opportunity employer.

April 4-5, 2005VGA-VERC Joint ConferenceWoodlands Hotel and Suites, Williamsburg

April 8-10, 2005VBA Board of Governors MeetingThe Tides Inn, Irvington

April 15-17, 2005VBA Bankruptcy Law Section ConferenceThe Tides Inn, Irvington

April 21, 2005VBA Health Law Section Legislative UpdateHouse Room D, General Assembly Building, Richmond

April 29-May 1, 2005VBA/YLD Executive Committee and Council MeetingThe Sanderling

July 14-17, 2005115th VBA Summer MeetingThe Greenbrier

VBA• •

The Virginia Bar Association701 East Franklin Street, Suite 1120Richmond, Virginia 23219(804) 644-0041

CALENDAR OF EVENTS

For more details, please visit our website at www.vba.org or call the VBA office at (804) 644-0041. A complete calendar of events withlinks to additional information is posted on the website.

September 9-10, 2005VBA Labor Relations & Employment Law ConferenceHilton Oceanfront, Virginia Beach

September 30-October 2, 2005VBA/YLD Executive Committee and Council MeetingWintergreen

October 7-9, 2005VBA Board of Governors MeetingHotel Roanoke

October 21-22, 2005Boyd-Graves ConferenceHotel Roanoke

October 27-30, 2005Southern Conference of Bar PresidentsThe Greenbrier

January 19-22, 2006116th VBA Annual MeetingKingsmill, Williamsburg

July 20-23, 2006116th VBA Summer MeetingThe Homestead

Many Thanks to our Annual Meeting Sponsors: BB&T • Colonial Williamsburg • VBA Criminal Law Section •Hogan & Hartson LLP • Hunton & Williams LLP • LexisNexis • Minnesota Lawyers Mutual Insurance Company• SunTrust Bank • The McCammon Group • Virginia Business • Virginias Legal Directories • Wachovia Bank,NA • Whitham, Curtis & Christofferson, PC • Williams Mullen • and to our Annual Meeting Exhibitors: AonAffinity Insurance Services, Inc. • Bookworm and Silverfish • Esquire Deposition Services • Goodman &Company • Lawyers Helping Lawyers • LexisNexis® • The McCammon Group • Minnesota Lawyers MutualInsurance Company • Questel Orbit • Robson Forensic, Inc. • UBS Financial Services • VBA CommunitySer vice Program • The Virginia Barristers Alliance, Inc. • Virginia Lawyer s Weekly • West