1999. The brink of the millennium.
Four centuries ago, Nostradamus predicted that its advent would bring bloodshed and mayhem to the world (as if the world didn't have enough already, then or now). A decade ago, The Artist Who At That Time Was Known As Prince sang that if 2000 meant the end of the world, he'd "party like it's 1999." More recently, technopundits have warned that Y2K computer problems could begin to manifest themselves on certain dates in 1999.
Scary, huh? Just in time for Halloween.
For members of The Virginia Bar Association, October 1998 marks the beginning stages of both the VBA's Annual Meeting plans and the VBA's legislative work in the General Assembly—two of the VBA's most important annual activities, and both of which will occur/begin in mid-January 1999.
First of all, the 109th Annual Meeting of The Virginia Bar Association will be held January 14-17, 1999, at the Williamsburg Lodge and Conference Center. PUT THESE DATES ON YOUR CALENDAR NOW. Brochures will be mailed to VBA members next month, and the December issue of the VBA News Journal will have more details about programming and registration.
Sections were asked to furnish information about their planned Annual Meeting CLE programs to the VBA office by October 15. Ergo, if you are a section leader responsible for planning a CLE program at the Annual Meeting and you are reading this, your information should be at the VBA by now and you can relax. If not, you should put this down, send in your information immediately, and finish reading this later. (Otherwise, Nostradamus' fabled mayhem will ensue. For sure.)
The other major VBA activity which will occur in January is the start of the 1999 General Assembly on January 13.
When the VBA Executive Committee meets in Abingdon on October 16-17, it will review all legislative proposals by VBA sections and committees for the 1999 session. In other words, if you are responsible for developing proposed legislation and you haven't already submitted it to the VBA office for Executive Committee review, please do so immediately. (Then you can relax and save your strength for the legislative session and for having fun at the VBA Annual Meeting.) If you have submitted your proposals by now, you can relax. For a while, anyway.
All joking aside, The Virginia Bar Association's mission—which encompasses the law reform activities it pursues in Capitol Square and the collegiality it fosters in Colonial Williamsburg—is important and enduring. Member involvement, whether as a bar leader or as a dues-paying lawyer, keeps our mission vital and meaningful.
Sure, 1999 may yet turn out to be as bizarre as soothsayers claim it will.
But whatever happens next year, The Virginia Bar Association will keep on going
into the next millennium, and its mission will flourish and prosper. You can
help us ensure that it does by getting involved in VBA activities—as a
section or committee member, as a Young Lawyers Division leader or committee
member. It helps the profession, it helps the public, and it helps you. Think
about it now, before the holidays and 1999 sneak up on you. Return
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E-mail Ethics
by James J. Wheaton
In many practices, e-mail has replaced the fax and overnight delivery services as the primary means for delivering documents to opposing attorneys and clients. E-mail's advantages include the convenience of delivery and the ability of the recipient to manipulate the underlying documents. However, the legal ethics of using e-mail for confidential matters is an untested issue in Virginia. A careful analysis of the law that has been applied in other contexts and states should result in the conclusion that the use of unencrypted e-mail does not waive the attorney-client privilege.
E-mail and the Attorney-Client Privilege
Maintenance of the attorney-client privilege requires that the information sought to be protected be confidential, and that the parties take reasonable steps to maintain its confidentiality. Much of the litigation involving waiver or loss of the privilege has related to cases where waiver of the privilege was asserted because the attorney or client acted as if they did not have a reasonable expectation of confidentiality in the information. However, the very nature of e-mail should create an expectation of privacy.
An e-mail message is literally broken up into multiple data packets that may not travel the same path to reach the recipient, and that are reassembled as a complete message at the recipient's end. In the past, the interception of an e-mail message has required a substantial amount of technical sophistication, and a significant level of planning and intentional misconduct.
As technology has progressed, it has become somewhat less difficult to intercept an e-mail message. However, the level of invasiveness necessary to accomplish this remains significant, and is at least as great as that required to intercept other communications that are assumed to be secure.
Nonetheless, as the use of e-mail for client communications has increased over the last several years, there has been a greater interest in the subject, and a tendency by some commentators to make broad assumptions that client communications through unencrypted e-mail will not receive the benefit of the attorney-client privilege. Some of these commentators have analogized e-mail communications to the use of cellular phones, which have received unfavorable treatment from ethics authorities in some states.
Notwithstanding the apparent concern of some that the use of e-mail may forfeit the attorney-client privilege, the federal Electronic Communications Privacy Act makes clear that the interception of electronic mail is criminal behavior, and that illegal interception of an e-mail message does not result in the loss of privilege, at least in federal courts.
That Act provides that "[n]o otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character."
Recent state ethics pronouncements have similarly extended the privilege to e-mail. Although a number of early bar opinions addressing the transmission of confidential information by e-mail questioned the expectation of privacy, most recent opinions have given electronic mail the same level of protection as the telephone and fax and other transmissions through telecommunications wires. A recent opinion of the District Columbia Bar Legal Ethics Committee indicates this clear trend. As bar authorities have become increasingly familiar with e-mail as a fact of life, a greater understanding of the confidential expectation of e-mail users has been reflected in the opinions.
Nevertheless, there is no governing Virginia authority on this issue, and those who use e-mail should be alert to the risk that a particular judge may be uncomfortable or unfamiliar with the Internet and e-mail.
Practical Implications and Encryption
In light of the fact that there is no guiding Virginia authority on the client confidentiality issue, Virginia practitioners should consult with their clients regarding the risk of using unencrypted e-mail for confidential communications. In most cases, clients will not be likely to forego the convenience of e-mail, and will also be reluctant to use encryption.
Over the last several years, the availability, price and ease of use of public key encryption software has made encryption much less difficult, but unless a matter is particularly sensitive, most clients will refuse to be burdened by encryption for communication with their lawyers when they do not use encryption to communicate with anyone else. However, the decision not to encrypt, or to use e-mail at all, should be one that is knowingly undertaken by clients.
Other E-mail Ethical Issues
Two other practice pointers that present possible problems should be noted. First, just as with faxes, an attorney may wish to put some form of disclaimer on e-mail messages in order to warn unintended recipients of the confidential nature of the communication. However, the use of lengthy disclaimers like those seen on most law firm fax cover sheets may be inconsistent with the general preference on the Internet for short "signature" lines.
In any event, an attorney should make cautious use of address lists, and make sure that confidential communications are not sent without double checking the identity of the addressee. Unlike faxes and other packages, there is not even a small margin of error once the "Send" button is clicked.
Second, in many firms, there will be a number of attorneys who do not regularly check their e-mail. Once it becomes known to the firm's clients and to others who deal with the firm that every attorney has an e-mail address, there will be a risk that some attorneys will neglect client matters simply by failing to check their e-mail regularly. These attorneys should be required to give their secretaries the ability to print their e-mail messages for the attorney's review.
About the Author: James J. Wheaton is a member of the law firm of Willcox & Savage, P.C., in Norfolk and a member of the Council of the Business Law Section of The Virginia Bar Association. He received his undergraduate degree from Wake Forest University and his law degree from the University of Virginia, and clerked for the Hon. J. Dickson Phillips Jr. of the U.S. Court of Appeals for the Fourth Circuit. His practice focuses on corporate and securities law and Internet-related matters. Return to Top
In life, John Marshall (1755-1835) was a Revolutionary soldier, a statesman, an author, a devoted family man, and a brilliant lawyer and jurist who became known as the "Great Chief Justice" for his 34-year tenure as Chief Justice of the United States, during which time he strengthened the nation's judicial system and established the Constitution as the supreme law of the land.
In death, Marshall has rested for 163 years in a long-neglected tomb with a weather-worn inscription in Richmond's Shockoe Cemetery, surrounded by a broken, rusted iron fence. Although some restorative work was done in 1938 and again in 1952, Marshall's grave has been in bad condition for decades.
That is, until this year, when The John Marshall Foundation spearheaded the rehabilitation of the gravesite, with financial support from individuals, foundations and businesses and a grant from the Commonwealth of Virginia.
Restoration of the gravesite was done by Clinton Bush and Alan Rutherford of Cathedral Stone Products, Inc., of Jessup, Maryland, who cleaned, restored and leveled the Marshall tomb. Colonial Ironworks of Petersburg restored the iron fence surrounding the site.
On September 24—the 243rd anniversary of John Marshall's birth—the rehabilitated gravesite was rededicated in a ceremony led by Virginia's Chief Justice Harry L. Carrico and First Lady Roxane Gilmore, Bishop Peter James Lee of the Diocese of Virginia, other local and state dignitaries, descendants of John Marshall, and supporters of The John Marshall Foundation.
After a wreath-laying at the gravesite, participants and guests attended a reception at The Library of Virginia, where library board member and former VBA president F. Claiborne Johnston Jr. presented Mrs. Gilmore with the library's portrait of Chief Justice Marshall, which is being loaned to Governor Gilmore at his request for exhibit in his State Capitol office.
The John Marshall Foundation (Allen C. Goolsby, president) is a joint endeavor of The Virginia Bar Association and the Association for the Preservation of Virginia Antiquities (APVA). Established in 1987 as a nonprofit organization, the Foundation seeks to ensure the restoration and preservation of the residence of Chief Justice John Marshall and the creation of a permanent memorial to provide educational and public interest programs in the fields of law, government, history and public affairs.
The John Marshall gravesite: Shockoe Hill Cemetery is located just north of downtown Richmond (it is not in either Shockoe Bottom or Shockoe Slip), on Hospital Street between Second and Fourth Streets. From Broad Street, turn north on Second Street and continue to Hospital Street. Turn right on Hospital Street and the cemetery is on your right. The Marshall gravesite is within sight and a short walking distance from the cemetery gate. The John Marshall House: John Marshall's Richmond home is located at 818 E. Marshall Street in downtown Richmond's "Court End" and is open for tours. For details, call (804) 648-7998. Return to Top
The Bill of Rights, The Courts and The Law
Public education programs will reach individuals and communities statewide
by David Bearinger
The Bill of Rights is perhaps the most important single document in American history. Over more than 200 years, and especially in the past 40, it has provided a strong and remarkably durable framework in which the limits of government, the scope of individual liberty, and the nature of our democratic system have been defined. At the same time—and, again, most notably in the past few decades—the Bill of Rights has exerted a powerful influence on the movement toward democracy and freedom worldwide; and through a series of landmark cases, beginning with Brown v. Board of Education in 1954, its provisions have been subject to almost continual reinterpretation by the courts.
In many instances, these decisions—especially those at the Supreme Court level—have been deeply controversial, whether the issue is doctor-assisted suicide, school prayer, affirmative action, property "takings," pornography and free expression, criminal due process, or the admission of women to VMI. And while many of the Court's recent cases have had a direct impact on the lives of ordinary people, the rulings themselves and the complex judicial questions and precedents that shaped these landmark decisions are often poorly understood, even by well-educated and informed observers.
Later this year, the Virginia Foundation for the Humanities and Public Policy will issue a new (third) edition of its popular casebook entitled The Bill of Rights, The Courts, and The Law. And during the spring of 1999, the Foundation will sponsor a statewide series of 50 community discussion programs using this text. Previous editions of the book, published in 1986 and again in 1991, have been used widely in high school, college, and university classrooms; in teachers' institutes nationwide; in a total of 110 public programs held throughout Virginia that attracted a combined audience of more than 14,000 people; and by individual readers of all ages and backgrounds who have found it to be the best, most comprehensive introduction to the Bill of Rights available for a non-scholarly audience.
The casebook and its accompanying series of community-based programs have helped to create a better understanding of the law, at the same time working to reduce public cynicism about the legal process. This new edition of The Bill of Rights, The Courts, and The Law will include more than 50 of the landmark cases that have shaped American society in the late 20th century, together with commentary written on each of the cases and each cluster of cases, grouped around themes such as Free Speech, Church & State, Rights of the Accused, Property Rights, etc. Each case is abridged for a general audience, and excerpts from the majority opinions, as well as from the most important concurring and dissenting opinions, are included.
Our goal is to present these cases and their underlying legal issues fairly; to allow readers to examine the various legal arguments (and larger issues of Bill of Rights interpretation) with the help of a text that is as accessible and and as free of legal jargon as possible. Crucial to our success in this effort are the contributions of six of Virginia's and the nation's leading scholars of the Supreme Court and the Bill of Rights: A.E. Dick Howard and Robert M. O'Neil of the University of Virginia; Rodney A. Smolla and Lynda Butler of the Marshall-Wythe School of Law; Melvin Urofsky of Virginia Commonwealth University; and Barbara Perry of Sweet Briar College.
The public forums are also designed to take a balanced approach to the volatile and potentially divisive issues and cases being discussed: recent successful challenges to federal laws aimed at restricting access to pornography on the Internet (Reno v. American Civil Liberties Union), and limiting government's authority over religious practice (City of Bourne v. Flores); cases that deal with flag burning as protected speech (Texas v. Johnson) and the use of evidence obtained through improper police procedures (Brewer v. Williams); as well as "classic" cases that remain controversial (the Miranda and Bakke decisions; and of course, Roe v. Wade).
Discussion leaders in previous series included historians and constitutional law scholars, state government officials (former Secretary of Education James Dyke), prominent journalists (nationally syndicated columnist Edwin Yoder), judges (Robert Merhige, U.S. District Court of the Eastern District of Virginia), and other well-known figures such as then-Solicitor General Kenneth Starr. Participants in earlier programs also included a number of local attorneys, and we hope that members of Virginia's law community will be centrally involved this time as well.
Through its various programs, including The Bill of Rights, The Courts, and The Law, the Virginia Foundation for the Humanities works to make scholarship accessible, to promote thoughtful discussion of enduring and contemporary issues, and to broaden the range of educational opportunities available to all Virginians. Central to this work is the belief that "Ideas Matter": that—to paraphrase Jefferson—a broadly educated and informed citizenry is the bulwark of a sustainable democracy.
The idea of individual rights is woven throughout Virginia's history: from George Mason's Virginia Declaration of Rights to Jefferson's Virginia Statute for Religious Freedom; from the lawsuit challenging segregated education in Prince Edward County, which ultimately became part of the Brown decision, to recent Supreme Court cases dealing with affirmative action (City of Richmond v. J.A. Croson Company), free speech and state neutrality toward religion (Rosenberger v. Rector & Visitors of the University of Virginia), and equal protection for women in access to education (United States v. Virginia-VMI)—all of which are included in the new edition of the casebook.
In providing individuals and communities with the tools to better understand the Bill of Rights and its interpretation by the courts in landmark cases, we are hoping to increase appreciation of the legal foundations upon which our society rests; to contribute to a vital civic culture of Virginia; and in the process to create some exciting programs that appeal to audiences statewide.
For further information about this project, readers are encouraged to contact the VFH directly at (804) 924-3296.
About the Author: David Bearinger is Associate Director of the Virginia Foundation for the Humanities and Public Policy, and a member of the VFH program staff since 1984. He received his B.A. and M.A. in English literature from Wake Forest University in North Carolina. Prior to joining the VFH, he held a series of editorial positions with Doubleday & Company in New York.
The VFH is a nonprofit educational organization founded in 1974 to promote public humanities in the Commonwealth of Virginia. Return to Top
The Virginia Bar Association, through its Professionalism Task Group, has offered to present a course on "Cases in Professionalism and Civility" to any local or specialty bar association in Virginia that is willing to host it.
One might call it "Have Ethics, Will Travel."
VBA Professionalism Task Group Chair Thomas E. Spahn of Richmond, a partner in the law firm of McGuire, Woods, Battle & Boothe, developed the program's format, which is based on discussion of selected hypothetical situations involving lawyer courtesy and substantive ethics.
The interactive program, which can be one or two hours long, can be customized to fit any bar association's needs. From a list of 60 hypotheticals, local bar organizers can choose 10 hypotheticals for a one-hour or 20 for a two-hour presentation, divided between lawyer courtesy and professional ethics. (If local organizers prefer, the VBA can choose the hypotheticals to ensure a well-balanced program.)
The VBA applies for CLE credit and provides one speaker and a copy of written materials for duplication.
All the host bar association has to do is "get [its] members there and make the appropriate number of copies to distribute on site," according to Spahn.
If the host association prefers to make the program even more interactive, it can invite a panel of, perhaps, four local judges and/or lawyers to participate by fielding questions from the audience. For additional input and viewpoints, the VBA recommends that the local bar invite local judges and law students to attend the program.
And to foster a collegial spirit and networking opportunities, the VBA suggests that the host group hold a brief social gathering following the program.
Because the program's length can be adjusted easily, it can be offered in conjunction with a local bar's regularly scheduled membership meeting, or as a stand-alone event, depending on the local bar's preference.
Programs have already been offered this year at meetings of the Norfolk & Portsmouth and Roanoke bars, the Federal Bar Association in Alexandria, the VBA Administrative Law Conference, the VBA Summer Meeting and the Chesterfield County Bar Association.
For a information packet, or to schedule "Cases in Professionalism and Civility" in your local bar, call The Virginia Bar Association at (804) 644-0041. Return to Top
Lawyers play jury in Barksdale's "Inherit the Wind"
Renowned theatre uses fresh approach in staging "Monkey Trial"
Day after day, in the torrid heat of a packed courtroom, they battled with weighty arguments, tremendous speeches. Such a drama had not been seen before. Spectators fainted; cynical reporters took sides and started fistfights; the judge, jury and defendant were forgotten as two of the greatest orators the world has ever seen raged, thundered and strove to literally destroy each other. The audience stood aghast as one was mortally stricken in the moment of his defeat...
No, it wasn't the O.J. Simpson trial.
The description is of the Scopes trial of 1925, in which a young teacher was brought to trial in a Tennessee court for teaching Darwin's theory of evolution in a high school science class. The "Monkey Trial," as it became known, pitted famed lawyers William Jennings Bryan, defending creationism, and Clarence Darrow, arguing for evolution, against each other in a spirited, legendary courtroom battle which inspired the play "Inherit the Wind" by Jerome Lawrence and Robert E. Lee.
"Inherit the Wind," with Paul Muni as "Matthew Harrison Brady" and Ed Begley as "Henry Drummond," opened on Broadway to rave reviews in 1955. (A 1996 Broadway revival proved as successful as its initial run.) The 1960 Hollywood film version, directed by Stanley Kramer, starred Spencer Tracy (Drummond) and Fredric March (Brady). More recently, Jason Robards played Drummond and Kirk Douglas, Brady, in an NBC-TV production.
This month, Richmond's Barksdale Theatre mounts its production of "Inherit the Wind" in partnership with the Carpenter Science Theatre program of the Science Museum of Virginia.
The play features a culturally diverse cast, with veteran actors Burt Edwards and Leonard Wilson playing Brady (Bryan) and Drummond (Darrow)-and Richmond lawyers portraying the onstage jury in several performances.
The concept of having local lawyers portray members of the "Monkey Trial" jury arose from Barksdale's commitment to community involvement and outreach.
It is also believed to be the first time, at least in Virginia, that lawyers have been invited to participate onstage in a production of "Inherit the Wind."
Such innovation is not new for Barksdale Theatre, which celebrates its 45th anniversary this year. Formerly located at historic Hanover Tavern, the theatre, now situated in The Shops at Willow Lawn, a Henrico County shopping mall, pursues a diversity initiative in both its programming and in attracting audiences.
"We want to incorporate theatre into the community," explained Janine Russo, development coordinator for Barksdale, "so that it doesn't lose out to TV or film as an entertainment medium. We also reach out to segments of the community who may have special interest in our productions, and try to get them involved."
Because "Inherit the Wind" has particular interest for the legal profession, Russo added that the theatre tapped lawyers for special participation in the production, both as sponsors and as actual onstage players.
Two officers of the Barksdale board—President-elect Robert B. Jones Jr. and Secretary Robert L. Musick Jr., both of whom are lawyers in Richmond (and VBA members)—led the targeting effort. Jones and Musick invited their own firms (Mays & Valentine and Williams, Mullen, Christian & Dobbins, respectively), along with a number of other Richmond-area firms, to sponsor performances and provide "juries" for their sponsored performances.
For many of the attorneys taking part in "Inherit the Wind," the play will be their first time at Barksdale Theatre—and their first time onstage as "actors."
As Jones commented, "This will be a unique experience for the lawyers involved, to be on the opposite side of the courtroom [as jurors]." The Mays & Valentine "jurors" had an especially unique experience, as they appeared in the opening night performance, October 2.
The experience will not include uncomfortable period costumes, however. Although "Inherit the Wind" is based on a 1920s trial in the American South, the playwrights specified that staging should remain timeless in feeling, to contribute to the play's universal message. Barksdale's production will have a "vintage, classic look," according to Russo—not difficult for Richmond lawyers to recreate from their own closets!
Production aesthetics will even influence refreshments on sale in the theatre lobby. To enhance the feeling of being in a small Southern town welcoming two world-famous lawyers, Bill's Barbecue of Richmond will sell barbecue, pie slices and lemonade before performances. (It's worth noting that Barksdale was one of the nation's earliest dinner theatres.)
"People can come to the theatre straight from work, if they have to, and have something to eat that's like the picnic-type food you'd have had outside the courthouse, then see the play," said Russo.
Barksdale's intimate theatre-in-the-round setting, with seating for 220, also adds a special dimension to its productions.
"They have a genius for incorporating the audience into the play," said Musick. "It's theatre-in-the-round, so there's no backstage area—you see everything that's happening onstage. It creates an atmosphere that adds to the intensity of the experience.
"Even if you're seated in the back row of the audience, you're only four seats away from the stage. There's no such thing as being a distant participant at a Barksdale production."
This joint venture between Richmond's legal and theatrical communities seems to please all those involved.
"We [at Mays & Valentine] are very supportive of the cultural and performing arts community," said Jones.
Lawyers at Williams, Mullen, Christian & Dobbins are also active participants in metropolitan cultural activities, both as board members and as individual supporters.
"Like other firms, we have a budget for community support. We tend to be guided in part by the interests and individual commitments of the lawyers in the firm," stated Musick.
"This is a way of encouraging lawyers to be involved in something outside the pure practice of law. We're happy to be a good corporate citizen."
And it should be noted that those who are bringing "Inherit the Wind" to Richmond, regardless of profession, have a common mission: not just to entertain an audience, but to inform, inspire and provoke thought about fundamental beliefs and ideas.
For Randy Strawderman, who co-directs the Barksdale production with Ernie McClintock, "Inherit the Wind" is "powerful and well-made. It is as strong today as the day it was written. At the real heart of the play is a person's right to think and express what he or she believes. This has to ring a bell with anyone who's ever had an original idea and stood alone until others began to understand."
—Caroline Bolte
"Inherit the Wind" at Barksdale Theatre: October 2-31, Wednesday through Saturday evenings at 8 p.m., Sunday and selected Wednesday matinees at 2:30 p.m. Ticket prices range from $15.50 to $21.50. For tickets and show information, call the box office at (804) 282-2620. Barksdale Theatre is located in The Shops at Willow Lawn, on West Broad Street just west of Staples Mill Road, in Richmond. "Inherit the Wind" is presented in partnership with the Carpenter Science Theatre Program of the Science Museum of Virginia, which is funded by a grant from the E. Rhodes and Leona B. Carpenter Foundation. Return to Top
Wanted: VBA authors, story ideas, ads...!
You, too, can be published in the VBA News Journal!
Like any new publication, we need articles and ideas for articles. One of our goals is to publish as many articles by VBA members, for VBA members, as possible. Thus, we need your help.
From the feedback we've gotten so far, Association members are especially hungry for practice-related articles of all types. These do not have to be lengthy; in fact, we prefer articles that range between 500 and 1000 words, because we can print more of them!
Look for our "Writers Guide" on the Internet at http://www.vba.org. Or call the VBA office at (804) 644-0041 for a copy of the guide.
We're also looking for ideas for personal profiles of VBA members. As with the "Inherit the Wind" story above, we can do the reporting if you pass along ideas and contacts to us.
Like any publication, we appreciate our advertisers! For advertising information, visit the VBA website or call (804) 644-0041.
We're counting on you... Return to Top
VBA/ASTC honors Senator Colgan with 1998 achievement award
The high-flying Air & Space Committee of the VBA Transportation Section (VBA/ASTC) recently received even more visibility during the 28th Annual Virginia Aviation Conference at Wintergreen.
On August 26, the VBA/ASTC presented its 1998 Significant Achievement in Aviation Law Award to State Senator Charles J. Colgan (D-Manassas).
Sen. Colgan, president of Colgan Air, Inc., is a past president of the Virginia Aviation Trades Association (VATA). He is also an airframe and power plant mechanic and has logged more than 10,000 hours of flying time.
In presenting the award to Sen. Colgan, VBA/ASTC Chair Albert M. Orgain IV of Richmond said, "The reason that Senator Colgan has been selected for this award is that he did not stop at the cockpit, repair shop or at the terminal with his interest in the aviation industry, but rather carried it to the General Assembly and to the people."
Cited as examples of Sen. Colgan's leadership were his service on the 1972 Manns Commission, which encouraged aviation business in Virginia; his legislative work for airport development, upgrades for the Civil Air Patrol, a mechanic's lien on airplanes by fixed-base operators and others who perform work on airplanes, and the Airport Safety Zoning Bill ("That one accomplishment alone should qualify him for this award").
Later that day, the VBA/ASTC served as the catalyst for a joint meeting of the VATA and the Virginia Airport Operators Council (VAOC). The VATA includes persons and corporations who run fixed-base operations at airports and other aviation businesses; VAOC's members are principally those who operate airports. Both organizations strive for increased effectiveness and business in the aviation industry. Discussion at the joint meeting focused on issues of concern and ways in which VATA and VAOC can work together more closely.
VBA/ASTC Chair Al Orgain moderated the panel, composed of VATA and VAOC members. VBA/ASTC members Mark Flynn of Sands, Anderson, Marks & Miller in Richmond (of which Orgain is also a partner) and Matt Broughton of Gentry, Locke, Rakes & Moore in Roanoke served as counsel to VAOC and VATA members, respectively, during the panel discussion. Return to Top
Virginia voters will decide fate of five amendments
Proposed constitutional changes range from JIRC disclosures to taxes
When Virginians go to the polls on November 3, they will be asked to vote on five proposed amendments to the Virginia Constitution. Each proposal, and what changes would be made, is listed here.
1. Shall the Constitution of Virginia be amended to permit persons employed overseas, and their families, who are qualified to vote in Virginia except for having given up a home in Virginia, to continue to vote in Virginia while overseas subject to the conditions and time limits set by law?
This would give the General Assembly additional authority to spell out by statute when Virginians employed overseas may continue to vote in Virginia. Makes it possible for voters considering Virginia their home to continue to vote in Virginia despite giving up their housing or place of abode in Virginia. Their right to continue to vote will be subject to conditions and time limits the General Assembly sets by statute.
Legislation must be passed to implement the amendment. If approved, the amendment will take effect January 1, 1999, and the legislature will have authority to enact laws on that topic after that date.
2. Shall the Constitution of Virginia be amended to delete the present requirement that the proceedings of the Judicial Inquiry and Review Commission concerning charges against judges shall be confidential so that the General Assembly can provide by law to what extent Commission proceedings and documents will be confidential?
This would clarify the General Assembly's authority to provide by law both for confidentiality of the Commission's proceedings and documents and for disclosure of information by the Commission in specific situations.
In 1998, the General Assembly passed a law that will take effect if voters approve this amendment. Basic provisions for confidentiality of Commission proceedings remain unchanged.
Three changes will be made concerning disclosure: requiring the Commission to disclose information about alleged misconduct by a judge, who is a candidate for election by the General Assembly, to the Committees on Courts of Justice and to any other legislator requesting the information; detailing what information the Commission must disclose; and providing that a legislator who knowingly discloses the information will be subject to discipline by the legislature.
In future, this law may be revised by the legislature to provide for more or less disclosure.
3. Shall the Constitution of Virginia be amended to authorize agreements among localities for sharing the revenues and costs of a specified land area and establishing a special governing body for the area, and to provide that fiscal commitments related to the land area will not be deemed local debt?
With this, the General Assembly could provide for local agreements to develop a specific area and for a special governing body to oversee the area. The General Assembly may provide by law for approval of the agreement by the participating localities' governing bodies, which would appoint the members of the special governing body, and will provide by law what powers the special governing body will exercise.
Local debt incurred by participating localities will not be subject to the constitutional ceiling on city or town debt or the referendum requirement for county debt. The General Assembly will have power to set the requirements or limits on such debt by law.
Legislation must be passed to implement the amendment. If approved, the amendment will take effect January 1, 1999, and the legislature will have authority to enact laws on that topic after that date.
4. Shall the Constitution of Virginia be amended to allow a combination of localities to contract debt as part of an agreement to share the revenues, tax base, or the benefits of economic growth and exempt this class of debt from the ceiling on local debt for cities and towns and from the requirement for a local referendum for counties?
This would add another exception to the constitutional limits on local debt, covering debt that results from an agreement among two or more localities to share "the revenue, tax base, or benefits of economic growth."
If approved by voters, debt created by an economic growth-sharing agreement will not be subject to the constitutional ceiling on city or town debt or the referendum requirement for county debt.
Under Code Section 15.2-1301, an economic growth-sharing agreement is subject to an advisory review and evaluation by the Commission on Local Government and must be approved by the participating localities' governing bodies following public hearings on the proposed agreement. These requirements are unchanged.
5. Shall the Constitution of Virginia be amended to authorize the General Assembly by general law to give local governments the option of eliminating, in whole or in part, either the business, professional or occupational license tax or the merchants' capital tax or both?
This would clarify that the General Assembly may give local governments an option to grant exceptions to either the BPOL tax or the merchants' capital tax, or to both taxes. Allows total or partial exemptions from either or both taxes.
Legislation must be passed to implement the amendment. If approved, the amendment will take effect January 1, 1999, and the legislature will have authority to enact laws on that topic after that date.
(Information provided by the State Board of Elections.) Return to Top
Shepherd receives NACC award for advocacy
Professor Robert E. Shepherd Jr. of the University of Richmond's T.C. Williams School of Law, a well-known legal advocate for children and adolescents, has been chosen by the National Association of Counsel for Children (NACC) as a recipient of NACC's 1998 Outstanding Legal Advocacy Award.
The prestigious award recognizes individuals and agencies for significant accomplishments in representation and protection of children in the legal system, and working to ensure that children's voices will be heard and that courts will make prompt and just determinations in proceedings involving children.
Prof. Shepherd, chair of the VBA Commission on the Needs of Children and a former law faculty representative on the VBA Executive Committee, was nominated by the Association. His UR colleague and fellow VBA member, Prof. Margaret Ivey Bacigal, prepared the nomination for the VBA. Return to Top
Lemons joins Virginia Court of Appeals
In an investiture marked by both traditional solemnity and a mood of merriment, Hon. Donald W. Lemons became the newest member of the Virginia Court of Appeals on August 26. Following the formal ceremony at the Supreme Court Building, VBA President-elect David Craig Landin presented Judge Lemons with a framed copy of the VBA Creed. Return to Top
There's still time to register for fall workshops with CLE credits
It's not too late to register for these upcoming VBA workshops and conferences, all of which offer CLE credits:
"Stop the Violence: A Training Program for Legal Advocates of Victims of Domestic Violence." Co-sponsors: VBA/YLD Domestic Violence Project and Legal Services of Northern Virginia (LSNV). Date: October 22; registration at 4:30 p.m., training 5-8 p.m., moot court 8-9 p.m. Location: Fairfax County Judicial Center Cafeteria, 4110 Chain Bridge Road, Fairfax. CLE Credits: 4.0 CLE credits for volunteering to represent three domestic violence victims in a civil protective order hearing within the next 12 months.Cost: Program and a light supper are free, but there is a materials fee of $10 for pre-registrants and $15 for walk-ins.Pre-registration: Contact John Lopez at LSNV, (703) 534-4343 or fax (703) 532-3990.
Ninth Annual Virginia Tax Practitioners' Roundtable. Sponsor: VBA Taxation Section. Date: October 30, 1998, 9 a.m.-1 p.m. Location: Farmington, Charlottesville. CLE Credits: 2.5 hours pending. Pre-registration: Recommended; space is limited and available on a first-come, first-served basis only to members of the VBA Taxation Section. Cost: $25 before October 15, $30 after October 15, includes a buffet lunch.
Sixth Annual Capital Defense Workshop. Sponsor: VBA Criminal Law Section, financially assisted by the Virginia Law Foundation. Date: November 9-10, 1998. Location: Doubletree Hotel, Charlottesville. CLE Credits: 11 hours. Cost: Essentially without cost to participants who certify that they will accept appointment in a capital case pursuant to Virginia Code Section 19.2-163.7 et seq. A nominal charge of $30 per person is required to cover the cost of lunch. Pre-registration: Required. Hotel reservations: Doubletree Hotel, (804) 973-2121.
Information about CLE offerings at the VBA Annual Meeting—January 14-17, 1999—will be published in December. For more details, call the VBA at (804) 644-0041. Return to Top
VBA/YLD: Our Commitment to the Youth of Virginia
by Harry M. Johnson, III, Chair
Baseball season is winding down and football season is upon us. This signals the end of summer vacation and the beginning of a new school year. But it also means that many of the activities of the Young Lawyers Division are heating up. The YLD Mission Statement emphasizes our responsibility as lawyers to promote the public good, and our commitment to the youth of Virginia is one way that we are fulfilling our mission. The YLD focuses a great deal of time and attention on the young people of Virginia as we strive to enrich their lives and brighten their futures.
In Richmond and Roanoke, our Mentor Programs send volunteer lawyers into fourth-grade classrooms to address a wide array of issues of interest to the students. The creativity and dedication of our volunteers is remarkable.
In addition to drug and alcohol awareness presentations, topics have ranged from a mock trial of the Big Bad Wolf to a visit from a Virginia legislator to teach students about drafting and passing legislation. The program touches the lives of well over a thousand children each year.
Maureen Riley Matsen and John West jointly oversee the Richmond program. After several years of exceptional service, John Weber has recently stepped down as co-chair of the highly successful Roanoke Mentor Program, and we welcome Lori Thompson as the new co-chair.
The Roanoke Mentor Program has an additional component that is spearheaded by Ed Walker. This year, Ed has completely revamped the YLD's mentoring program for residents of Youth Haven 2, a home for troubled adolescent girls. After meeting both with staff and with residents of Youth Haven, Ed has selected a group of volunteer lawyers to provide weekly personal mentoring with an emphasis on computer-based academic assistance. I am enthusiastic about the prospects for this program.
Like the Youth Haven project, our Upward Bound program concentrates on "at risk" teenagers and seeks to change their lives one at a time. Through the tireless work of Monica Taylor, this program provides part-time after-school employment at law firms for teens who might otherwise fall prey to the ills of society. The students are given to opportunity to work in a professional environment and develop valuable experience and self-esteem.
The Model Judiciary Committee reaches more than 1500 high school students throughout the Commonwealth. Attison Barnes chairs this committee, which organizes both trial and appellate competitions before sitting judges for the student teams.
The NCAA Circuit Riders Program is another YLD project aimed at high school students. Lynnie Brugh and Jason Davis run this committee, which furnishes volunteer lawyers to high school athletes with questions about NCAA rules.
The new school year likewise signals the mobilization of our projects directed towards college and law students. The Pre-Law Counseling Committee will be visiting approximately 20 Virginia colleges this fall under Matt Pritts' leadership, and the National Moot Court Committee is preparing to conduct the Region IV competition for teams from law schools across Virginia, West Virginia, North Carolina and Kentucky. Sherri Wood and Brian Geschickter co-chair this committee.
The YLD's Minority Recruitment Projects are also well underway with Wyatt Beazley and Nicole Daniel at the helm. This project gives minority youth an opportunity to learn about the legal profession through internships at law firms and one-to-one mentoring with a volunteer young lawyer.
As Chair of the YLD, I am proud of the breadth and diversity of the YLD's youth-oriented programs as we strive to meet our mission to serve the public interest. Return to Top
Pro Bono Hotline Roundtable is November 11
The Virginia Bar Association Young Lawyers Division will hold its annual Pro Bono Hotline Roundtable on November 11, in conjunction with the Virginia Poverty Law Center's annual statewide conference, at the Holiday Inn-Tanglewood in Roanoke.
The roundtable, which will be held from 10:30 a.m. to noon, will explore the potential impact of Phillips v. Washington Legal Foundation on Virginia's pro bono hotlines.
Roundtable participants will discuss the need to expand and strengthen pro bono hotlines, the viability of a statewide pro bono hotline, the expanding roles of hotline chairs and committees to minimize the workload of legal aid staff, and new ideas for hotlines. A buffet lunch for participants will follow the roundtable.
The Pro Bono Hotlines were created by the VBA/YLD in 1992 and have been one of the VBA's most honored activities. In 1995, the VBA received the American Bar Association's Harrison Tweed Award-the highest national honor for projects which provide legal services to the poor-in recognition of the Pro Bono Hotlines' work.
For information about the Pro Bono Hotline Roundtable, call the VBA at (804) 644-0041. For information about the Virginia Poverty Law Center conference, see the item under "News in Brief." Return to Top
News in Brief
Hon. Elizabeth B. Lacy of the Supreme Court of Virginia was recently elected to a two-year term on the board of directors of the American Judicature Society. Justice Lacy is the judicial representative on the VBA Executive Committee.
Town Hall Meetings will be popping up around Virginia this month, thanks to the VBA Young Lawyers Division. The Northern Virginia Town Hall Meeting, at Alexandria's Landmark Mall on October 14, will be a Congressional candidates' debate between incumbent Jim Moran and challenger Demaris Miller. For details, call (202) 682-7093. On October 28, at Old Dominion University's Mills Godwin Life Sciences Building in Norfolk, the Hampton Roads Town Hall Meeting will feature a panel discussion at 7 p.m. on violence in the schools. Panelists will include VBA Executive Committee Chair Anita O. Poston (who also chairs the Norfolk School Board). For more information, call (757)397-3481.
The Virginia Law Foundation board of directors has approved 29 grant awards, totaling $439,991, to projects which provide civil legal services to low-income Virginians, improvements in the administration of justice, law-related education, and summer internships for law students. VBA projects receiving grants included VBA/YLD Pro Bono Hotline Training, $4,000; the 6th Annual Capital Defense Workshop, $16,550; and Disaster Legal Assistance Training and Manual Expansion (a joint effort of the VBA/YLD and the Virginia State Bar Young Lawyers Conference), $2,000. For information about other Virginia Law Foundation grant awards, please contact the foundation at (804) 648-0112.
Richmonders Dennis I. Belcher of McGuire, Woods, Battle & Boothe and Louis A. Mezzullo of Mezzullo & McCandlish, both VBA members, were included in Town & Country's list of 45 attorneys the magazine considers the nation's best estate lawyers. The list was part of a special section on estate planning in the magazine's August issue, which offered tips on wills and trusts for persons with estates worth more than $600,000. One of the articles, "Estate Planning Without Tears," featured a quote by VBA member Howard M. Zaritsky of Rapidan, explaining the appropriate use of QPRT (Qualified Personal Residence Trust) in planning one's estate.
Just as the success of the film Titanic has catapulted its stars Leonardo DiCaprio and Kate Winslet onto a million magazine covers, two VBA members from Norfolk were recently featured in national legal publications because of their involvement with cases involving the wreck of the real-life R.M.S. Titanic. Civil Litigation Section Chair Ann K. Sullivan of Crenshaw, Ware & Martin was photographed for a National Law Journal article, while F. Bradford Stillman of McGuire, Woods, Battle & Boothe was featured in an American Lawyer story. And the "ship of dreams" sails on...
Virginia Poverty Law Center, Inc., will hold its annual statewide conference November 11-13 at the Holiday Inn-Tanglewood in Roanoke. This year a Farmers' Rights Workshop will be held on November 10, immediately preceding the conference, at the same location. For more information, please call Audrey Green at (804) 782-9430. To request registration materials, please call (804) 782-9430, extension 60. Return to Top
Copyright 1998 The Virginia Bar Association