
President's Page: Acting on Our Beliefs
Program Close-Up: "CloningDouble or Nothing"
Legislative Report: Standing at the "Crossover"
Juvenile drug court coming to Richmond
"Media and the Law" is Town Hall Meeting topic
Bankruptcy Law Section to meet at Sanderling next month
Administrative Law Conference is May 13 at Omni Richmond
Young Lawyers Division: Report from the New Chair
Notice anything different about this page? The column at left reflects the
changeover in leadership which took place in January at the Associations
109th Annual Meeting.
David Craig Landin of Richmond (Hunton & Williams) is the new VBA president.
Immediate Past President G. Franklin Flippin of Roanoke (Flippin, Densmore,
Morse & Jessee) serves a final year on the Executive Committee.
Anita O. Poston of Norfolk (Vandeventer Black), after making history in 1998
as the first woman to chair the VBA Executive Committee, this year becomes the
first woman president-elect of the Association, in line to become VBA president
in 2000.
Jeanne F. Franklin of Alexandria follows Poston as chair of the VBA Executive
Committee.
Wade W. Massie of Abingdon (PennStuart) serves as secretary, while John R. Fletcher
of Norfolk (Tavss, Fletcher, Maiden & King) is treasurer.
New Executive Committee members include Hon. John J. Butch Davies
III of Culpeper (Davies, Barrell, Will, Lewellyn & Edwards), William E.
Rachels Jr. of Norfolk (Willcox & Savage), Frank A. Thomas III of Orange
(Shackelford, Honenberger, Thomas, Willis & Gregg), Anne Marie Whittemore
of Richmond (McGuire, Woods, Battle & Boothe), and law faculty representative
Prof. Jayne W. Barnard of Williamsburg (William and Mary).
Justice Elizabeth B. Lacy of Richmond (Supreme Court of Virginia) was reelected
as the judicial representative.
J. Edward Betts of Richmond (Christian & Barton), Thomas F. Farrell II of
Richmond (Virginia Power), Lane R. Gabeler of McLean (Gabeler, Battocchi &
Griggs) and H. Victor Millner Jr. of Chatham also serve on the Executive Committee.
VBA/YLD Chair Philip W. Parker of Roanoke (Woods, Rogers & Hazlegrove) and
Chair-Elect James V. Ingold of Fairfax (Chadwick, Washington, Olters, Moriarty
& Lynn) represent the Division on the Executive Committee.
Executive Vice President Breck Arrington and Administrative Director Sandy Thompson
round out the Executive Committee as nonvoting staff members. Return
to Top
by David Craig Landin
The Virginia Bar Association is a voluntary organization of Virginia lawyers committed to serving the public and the legal profession by promoting the highest standards of integrity, professionalism, and excellence in the legal profession; working to improve the law and the administration of justice; and advancing collegial relations among lawyers.
VBA Mission Statement
We probably assume that there are a number of voluntary statewide bar associations,
just like us, across the country there are not.
As we are relatively unique in both mission and execution, it is good to remind
ourselves about who we are, what we are doing and how we are going about it.
At a recent meeting of bar presidents, a speaker yet again told the audience
of the lack of esteem in which lawyers are held, which he said is reflected
and reinforced in movies and popular fiction. John Grishams works were
among the cited examples.
While that certainly is a reality, it is not the reality in which 5,500 of us
have pooled our resources. Instead, as I think about how to express our reality,
I am drawn for context to the Williamsburg meeting and the pleasure of being
among friends and colleagues while watching Harvey Chappell receive the Spong
Award and then talk, not about himself, but about Bill Spong; having our thoughts
stimulated and wit challenged by Thomas Jefferson and by experts
on the science and ethics of cloning; by watching the new Executive Committee
class of Butch Davies, Bill Rachels, Frank Thomas, Anne Marie Whittemore and
law faculty representative Jayne Barnard take their place in the line of leadership;
and by honoring Charlie Friend and the VBA Journal.
Our reality, then, is to reach and push and provoke thought and action among
respected colleagues. It is to stir the pot in order to know what ingredients
are in the soup. It is to end the day described as a person of integrity or,
like the late, great Richmond doctor Hunter McGuire, a useful citizen
all in the context of our profession.
Among many, many other things, this year will record the following achievements:
The Special Issues Committee, chaired by former Governor Jerry Baliles
and composed of lawyers and nonlawyers, will stimulate us on such important
ingredients as world affairs, leadership and truth.
The Professionalism Task Force will sponsor 19 ethics seminars across
the state.
We are asserting our leadership in the General Assembly in the domestic
relations area; in support of judicial salary increases; in efforts to formalize
important criteria in identifying the best judicial candidates; in carrying
forward our work on interlocutory appeals; in sponsoring legislation in the
business, construction, and wills and trusts areas; and, despite our respect
for the Governor, opposing a budget amendment inappropriately limiting the use
of pro bono funds.
In choosing to support a group which is independent of an obligation to anything
or anybody but our mission statement, we act on what we believe to be right
for our system of laws not just for the lawyers.
In closing, a pitch. We run on an annual budget of about one million
dollars. This year, in order to maintain our programs and move forward in a
few strategic areas, we went to our reserves to adopt a balanced budget. If
you look at the list of your peers who are VBA Patrons, you will see persons
whom you respect lawyers and judges. You will see all members of the
Executive Committee and Breck Arrington, our Executive Vice President. Please
join us.
I look forward to working with you this year. Return to
Top
We are in the midst of a revolution, even more so than that which produced
the atomic bomb. Its being carried out in the glare of publicity, and
we will all share responsibility for it.
Dr. Thomas Pellegrino, chair of the neurology department of Eastern Virginia
Medical School, was the first of four panelists to speak in CloningDouble
or Nothing: Legal and Ethical Implications of Emerging Genetic and Reproductive
Technology, the VBA Health Law Sections well-attended general session
on January 15 during the VBA Annual Meeting.
Other panelists included Delegate George W. Grayson (D-Williamsburg) and Liberty
University founder and Chancellor Dr. Jerry Falwell. (Dr. Harold T. Shapiro,
president of Princeton University and the fourth scheduled panelist, was stranded
by a Northeastern ice storm; VBA Executive Committee member Jeanne Franklin
stood in for him.) Richard Grier of Mays & Valentine in Richmond was the
moderator.
Pellegrino commented on medical aspects of cloning, such as developing organs
for transplants (not now, but down the road) and DNA evidence (You
and your evil twin [clone] would have identical DNA, and cell age would not
be a factor in distinguishing the two of you).
What would your relationship be to a clone? What would your obligations
be? If you seek genetic perfection through cloning, what about the genetically
inferior?
Franklin cited Shapiros recent work on bioethics, calling for a moratorium
on human cloning and the need to answer related moral questions, such as the
morality of doing what we dont know were doing, and to consider
evolutionary ramifications, the long-term effects on the human race.
I dont know if well ever know the answers, but we should ask
the questions, she concluded.
Grayson, the patron of legislation making human cloning a felony in Virginia,
focused on political and legal implications. How does the rule of perpetuities
apply to cloning? And the 14th Amendment, in which states are allotted representation
in Congress according to populationwould you treat a clone as a partial
human being for that purpose?
During ancient Roman triumphs, someone rode in the victors chariot,
whispering You are not God in his ear. We might be able to learn
something from the Caesars.
I oppose human cloning, stated Falwell. There is no need for
it. We have been through one situation with a super race, and lets
not go there again! Human cloning is going on somewhere in the world, in secret,
and there will be an announcement of it at some point.
Would a clone have a soul? Yes, I believe so. Falwell added that
while he opposes human cloning, he approves of animal cloning (because
animals are a gift of God and can help humans) and has financially supported
the work of the Scottish scientists who cloned Dolly the sheep.
All four panelists advocated education, leadership and restraint regarding cloning.
Franklin pointed out that the bar can help educate the public about the incredible
regulatory complexities of cloning. Grayson believed America should lead
the world in resistance to cloning (We need to overcome this anything
goes attitude). Falwell cited a need to reverse the lowering
of the moral bar and to rebuild the American soul, especially
in regard to human life. Pellegrino called for a program of public comment,
to build a broad-based consensus against cloning.
Pellegrino, the first to speak, had the last word: If you dont change
direction, youll get where youre going. Return
to Top
The annual pile of legislation in the Virginia General Assembly, like the plant
in the off-Broadway musical Little Shop of Horrors, seems to keep
growing larger and larger each session.
Even in this years short 46-day session, legislators were
faced with processing some 3,100 pieces of legislation, among them a number
of VBA proposals.
After crossover on February 9 the midpoint deadline for each
house to act on its own bills the VBA legislative program was slightly
battered but very much unbowed. Although a final report must wait for the April
issue of the VBA News Journal, press deadlines being what they are, here
is a snapshot of where some of the Associations proposals stood at the
Assemblys midpoint.
Health Law. One of the major 1999 VBA priorities is a joint initiative
with the Virginia Hospital and Healthcare Association, the Medical Society of
Virginia and other groups to update and revise the Emergency Medical Services
Do Not Resuscitate Act. The carefully crafted law reform (SB 1174, Sen. Jane
H. Woods, R-Fairfax, chief patron) has passed the Senate and the prognosis seems
positive. It would, among other things, establish a durable DNR order which
could follow the patient to various settings.
This session is marked by heavy emphasis on health care, calling for major efforts
by the VBA Health Law Section (Gregory St.Ours of Harrisonburg, chair) and the
Committee on the Needs of the Mentally Disabled (Matthew Jenkins of Richmond,
chair).
The outlook at midpoint was less clear, but possible, for more modest revisions
in the medical records confidentiality act championed two years ago by VBA leadership.
Domestic Relations. Positive consideration was also the case for
another priority reform measure which embraces changes in provisions of shared
custody law, most significantly in the definition of a day. This
advocacy of the VBA Coalition on Family Law followed a lengthy study suggested
by the General Assembly last year (SB 1085, Sen. Joseph Gartlan, D-Mason Neck,
chief patron; HB 2407, Del. Bill Barlow, D-Smithfield, chief patron).
The VBA Coalition, chaired by Arlingtons Betty Thompson, was also enjoying
good success in its efforts to rebuff legislation seen as not worthwhile or
productive in the family law area. The successful opposition work remains perhaps
just as vital to the overall VBA law reform program as are VBA-sponsored initiatives.
Construction and Public Contracts Law. Three of four VBA-endorsed
bills seemed en route to passage at the session halfway mark, demonstrating
continued productivity by this still-young VBA section, now chaired by Jeff
Mincks of Chesterfield.
Judiciary Matters. The session has been marked by education, progress
and hard experience for patient and long-term VBA advocacies respecting the
administration of justice. Deserved and substantial increases in judicial salaries
seems a longer-term goal for the next biennial budget rather than possible in
the 1999 budget amendments. This will be a continuing priority.
Important new VBA proposals on interlocutory appeals met with positive legislative
reaction but are not being further pursued in this session, pending needed additional
consultation with various levels of the judiciary and with family law practitioners.
Hardworking Judiciary Committee Chair Jack Donohue of Richmond has expressed
satisfaction with the initial legislative introduction on the topic.
Similarly, several bills in both chambers addressed pieces of the process of
judicial selection and retention in Virginia. In the face of the complex politics
of the question, one bill requiring published notice of judicial vacancies and
the creation of new judgeships was meeting favorable consideration, while most
others, despite drawing favorable reviews, fell to the crush of volume requiring
action by crossover. Again, the VBA effort is necessarily longer term.
Wills, Trusts & Estates. The most successful in recent years of
the VBA sections legislatively continues to shine in 1999. Of some dozen measures
of Section interest, all save one were alive and well at midpoint. New Section
Chair Peter Huber of Norfolk and his legislative committee were greatly aided
by the patronage of such sponsors as Delegates Whitt Clement (D-Danville) and
Bill Howell (R-Fredericksburg) concluding the thorough, yearlong process of
the Section members.
Some success characterized as well the work of the Business Law Section,
VBA efforts on behalf of Legal Services and of the Civil Litigation Section,
among others, despite some disappointing turns.
Summing Up. Some very positive results stemming from the overall VBA
package seemed possible, even likely, at the session midpoint. Timing, dogged
effort, and the simple fortunes of war will dictate whether the remaining days
of General Assembly 1999 bear out VBA prospects this year. Return
to Top
Juvenile courts have been a vital part of our nations system of
justice for a century now, said Judge Richard D. Taylor Jr. of the Richmond
Juvenile and Domestic Relations Court, a co-chair of the courts celebration
of the centennial of juvenile courts in America.
We want to mark this milestone in a way that celebrates how far we have
come, while at the same time asking ourselves, How can we be more responsive
to the community? How can we listen better? How can we better educate the public
about what we do? We have a great story, but it is rarely told.
The story got plenty of attention on January 19, when the Richmond J&DR
Courtthe first juvenile court in Virginia, founded in 1916formally
commenced its 100-day centennial celebration during a State Capitol press conference.
In addition to promoting special commemorative events, the court announced its
plans to implement the Commonwealths first juvenile drug treatment court.
The juvenile drug court, which court officials hope to start this month, will
combine a strict, no-nonsense accountability with immediate sanctions. At the
same time, it will offer juvenile offenders opportunities to change their lifestyles
and become drug-free.
A juvenile will volunteer to participate in the drug court program upon his/her
lawyers advice. If the Commonwealths Attorney agrees that the juvenile
is an appropriate candidate for the program, the judge will approve participation
and order the youth into the program.
The court will oversee program participation and help the juvenile by rewarding
success and ordering immediate sanctions for failure.
The program will include a treatment team approach, featuring strong
judicial leadership, intensive court supervision, weekly court appearances and
urine screens, daily reporting to a substance abuse treatment program, daily
school attendance and family participation.
As the juvenile progresses in maintaining compliance, monitoring is decreased
in intensity, and successful compliance results in recognition and rewards,
capped by a graduation ceremony and dismissal of charges.
Violations lead to punitive sanctions, such as increased supervision and reporting,
and failure to comply results in conviction and sentencing.
The Richmond J&DR Court, the city of Richmond, and the Virginia Department
of Juvenile Justice are partners in this new venture.
We are delighted that Richmond will be part of this innovative development,
said Judge Audrey J. Franks, who will preside over the juvenile drug court.
[Drugs are] a tough problem, but we have a new tool.These kids have serious
problems, but weve put together a team that can deal with it. Return
to Top
Lawsuits, Congressional hearings and the 1997 car-crash death of Diana, Princess of Wales, have focused worldwide attention on the often adversarial relationship between various elements of news media and the persons whom they cover. How is an individuals right to privacy balanced by the publics need for knowledge? Is a celebrity fair game for paparazzi? What about citizens who get pushed into the spotlight of public scrutiny for circumstances beyond their control? These were among the issues discussed when the VBA Young Lawyers Division sponsored a Town Hall Meeting on Media and the Law at the General Assembly Building in Richmond on January 11. Panelists included Jim Babb of WWBT-TV, Prof. Rodney Smolla of the University of Richmond School of Law, Hon. Robert R. Merhige of Hunton & Williams and Jeff Schapiro of the Richmond Times-Dispatch. Jennifer McClellan of Hunton & Williams, chair of the VBA/YLD Richmond Town Hall Meeting Committee, served as program moderator. Return to Top
Members of the VBA Bankruptcy Law Section, many with families in tow, will
head south to The Sanderling Inn in Duck, North Carolina, for the sections
second annual conference April 9-10.
The agenda includes a welcoming reception on Friday evening, four hours of continuing
legal education on Saturday morning, with Saturday afternoon left open for an
optional golf outing or other recreational pursuits. Registration also includes
continental breakfast and a box lunch on Saturday.
CLE sessions will begin with Recent Developments in Bankruptcy,
presented by Prof. A. Mechele Dickerson of the College of William and Marys
School of Law.
The Honorable David H. Adams, U.S. Bankruptcy Judge (E.D.Va., Norfolk), and
Richard C. Maxwell of Woods, Rogers & Hazlegrove will discuss Ethics
and the New Model Rules.
A Practice PresentationA Deadbeat Debtor and a Cheating Creditor,
a mock hearing, will be presented by The Honorable Stephen S. Mitchell, U.S.
Bankruptcy Judge (E.D. Va., Alexandria), James J. Burns of Williams, Mullen,
Christian & Dobbins, and Melissa Lambert Giles of Giles & Lambert. The
program will involve live testimony and include a Motion to Withdraw the Evidence
or Abstain, evidentiary issues of witness testimony and jurisdictional issues
involving the Debtors Motion to Dismiss, with substantive outlines on
jurisdictional issues and the Fair Debt Collection Practices Act.
The registration fee is $50 for participants staying at The Sanderling on Friday
night, and $75 for those staying off-site. Hotel reservations should be made
directly with The Sanderling at 1-800-701-4111 or (919) 261-4111, and should
be made immediately to guarantee room availability.
Registration packets have been mailed to all section members. Information about
the conference is available on the Bankruptcy Law Sections activities
page at http://www.vba.org. Return to Top
Plans are underway for the Fifth Annual Administrative Law Conference, co-sponsored
by the VBA Administrative Law Section and the Administrative Law Advisory Committee
for the Commonwealth of Virginia, to be held Thursday, May 13, at the Omni Richmond.
Section members will receive brochures with the agenda for the all-day conference
and registration information. More details will also be available in the April
VBA News Journal and on the Administrative Law Sections activities
page at http://www.vba.org. Return to Top
VBA Executive Committee member William E. Rachels Jr. and VBA/VSB Joint Committee on Alternative Dispute Resolution member Guy K. Tower, both of Norfolk, have been elected to membership in The Fellows of the American Bar Foundation, an organization which recognizes lawyers whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the objectives of the American Bar Association. Membership is limited to one-third of one percent of the lawyer population in each state. Rachels is a partner at Willcox & Savage; Tower, a partner at Kaufman & Canoles.
Nominations are being accepted at this time for the Gardener G. DeMallie Jr. Award, created by the Virginia Continuing Legal Education Committee in 1998 to honor the late assistant director of Virginia CLE and to recognize on a regular basis someone who has contributed outstanding service to continuing legal education in Virginia. The award will be presented next at this years VBA Summer Meeting. The award criteria and a nomination form were published in the January issue of the VBA News Journal and are available at http://www.vba.org on the Member News page. Nominations should be addressed to Dexter C. Rumsey III, Chair, Virginia CLE Committee, P.O. Box 4468, Charlottesville, VA 22905, or by facsimile to (804) 979-3147, prior to May 15, 1999, and should include the name and phone number of the nominator and the full name, address, and phone number of the nominee.
Has the Y2K bug already bitten the VBA calendar (see page 16)? The 2000 VBA Summer Meeting, usually scheduled in mid-July, will be held August 3-6 next year at The Homestead. No computer glitches are involved in the scheduling change; its simply that the American Bar Associations Annual Meeting, usually scheduled for the first week of August, has been set for New York and London in mid-July 2000. Since various VBA leaders attend the ABA meeting, the VBA rescheduled its 2000 summer gathering for the ABAs usual August time slot.
The Honorable Lydia Calvert Taylor of the Norfolk Circuit Court and Arnald B. Crews of the American Arbitration Association in McLean have been appointed as VBA representatives on the VSB/VBA Joint Committee on Alternative Dispute Resolution, to fill midterm vacancies which have arisen in recent months. Judge Taylor succeeds Tazewell T. Hubard III of Norfolk; Crews replaces Karen Donegan Salter of Richmond. The Joint Committee is chaired by Barbara L. Hulburt, a VBA member and president of Access Family Mediation, a division of the McCammon Mediation Group, Ltd., of Richmond.
VBA Communications Coordinator Caroline Bolte served as a judge for state finals of the We the People... The Citizen and the Constitution competition for high school students in Richmond on February 9. 1997 John Marshall Foundation Teaching Award winner Helen Coalter is state coordinator for the competition. (Know an outstanding middle- or secondary-school teacher of the U.S. Constitution? A nomination form and criteria are available on the VBA website for this years JMF Teaching Award. Deadline: April 2.) Return to Top
by Philip W. Parker
As I start my first Young Lawyers Division report of 1999, I must take a minute and comment on 1998.
First, Pete Johnson deserves recognition for his excellent service as chair
last year. While much of
Petes work has been noticeable by the YLDs general membership, another
side of Petes contributions is deserving of mention.
Having worked with Pete this past year, I know of the many hours that he performed
behind the scenes and I am sure there are countless more hours of
which I do not know. Through the steady stream of meetings, phone calls and
letters, Pete succeeded in guiding the YLD to a successful 1998.
Three Young Lawyers were recognized with awards at the VBAs Annual Meeting
in Williamsburg in January. Kathy Harman-Stokes of Hogan & Hartson in Washington,
D.C., and Erica Beardsley of Watt, Tieder, Hoffar & Fitzgerald in McLean
received the Emerson G. Spies Award, and Brian Jackson, counsel to Ukrops
Supermarkets in Richmond, garnered the YLD Fellows Award.
The Emerson G. Spies Award recognizes a young lawyer each year for outstanding
enthusiasm and dedication to the work of the Association. Kathy and Erica
were co-winners of this award this year through their efforts as chairs of the
YLDs Northern Virginia Domestic Violence Project. With Kathys and
Ericas leadership, this program has done tremendous work in training volunteers
who provide legal services to victims of domestic violence in Northern Virginia.
The YLD is lucky to have Kathy and Erica continue to work with this project
in 1999.
The Fellows Award is awarded each year to the non-officer YLD member who has
contributed outstanding service to the YLD over a considerable period of time.
Brian Jackson worked with the YLD in various capacities for a number of years,
including as a member of the Executive Council, Executive Committee and Nominating
Committee. He also represented the YLD on the Virginia Commission on Women and
Minorities in the Legal System.
The year is off to an excellent start. We have five new additions to the Executive
Committee, including Chris Boynton at Cooper, Spong & Davis; Steve Otero
of Mays & Valentine, Monica Taylor of Gentry Locke Rakes & Moore; Stacy
Taylor at Hunton & Williams; and Ed Walker with Mundy Rogers & Frith.
I also look forward to working with our new YLD Executive Council members:
Eric Nowak of Hunton & Williams, co-chair of the new Child Support
Enforcement Project;
Chris Lanning of Hunton & Williams, YLD liaison for The John Marshall
Foundation;
Ann Davis of Watt, Tieder, Hoffar & Fitzgerald and Jake Peek of McGuire
Woods Battle & Boothe, co-chairs of Lawyers for the Arts;
Elizabeth Mason Horsley of Williams, Mullen, Christian & Dobbins,
chair of National Moot Court;
Reed Freeman of Arent Fox Kintner Plotkin & Kahn, co-chair of NCAA
Circuit Riders Program;
Curt Spear of Kaufman & Canoles and Jamie Shoemaker of Patten, Wornom
& Watkins, co-chairs of Pro Bono Hotline-Peninsula;
Dinny Skaff of Gentry Locke Rakes & Moore, co-chair of Pro Bono Hotline-Roanoke;
Richard Ottinger of Vandeventer Black, co-chair of Pro Bono Hotline-Tidewater;
Brandon Zeigler of Stallings & Richardson, co-chair of Town Hall Meeting-Hampton
Roads;
Sean McDonough of the Hudgins Law Firm, chair of Town Hall Meeting-Northern
Virginia;
Maya Eckstein of Hunton & Williams and Dutch Bumgardner of Sands Anderson
Marks & Miller, co-chairs of Town Hall Meeting-Richmond;
Dan Summerlin of Woods, Rogers & Hazlegrove, chair of Upward Bound;
and
Rod Simmons of Hirschler Fleischer Weinberg Cox & Allen, chair of
The Virginia Lawyer.
As usual, we look forward to a busy year. Lawyers for the Arts, which hosts
seminars addressing legal issues of importance to artists, is expanding to Northern
Virginia and soon, we hope, to other areas of the Commonwealth. We have added
a New Projects Committee which will be tasked with closely evaluating potential
new projects. We hope to have a Town Hall Meeting in Abingdon this year. We
also plan on working towards setting up one of our Mentor Programs, which brings
lawyers into the schools to familiarize the students with our justice system,
in Lynchburg. Nicole Daniel and her Minority Recruitment effort in Roanoke,
which matches lawyer-mentors with minority college students, is on the brink
of unprecedented success.
I am proud to have the opportunity to serve as chair of the YLD. Working with
the YLD has been a rewarding experience for me, and if you are not currently
involved in one of our many projects, I know it can be for you. The YLD provides
assistance to innumerable numbers of citizens throughout the Commonwealth. Please
join us this year and contact me to let me know which project is of interest
to you. More information about our programs is available on the Young Lawyers
Division page at http://www.vba.org. Return to Top
Copyright 1999 The Virginia Bar Association