The VLW Blog

Challenging the government is not working out very well for Robert Steinburg. In 2005, he was tossed out of a Chesterfield County Planning Commission meeting and charged with disorderly conduct after a heated exchange with a commission member. His civil rights suit against the commission was tossed out by federal district Judge Robert Payne last year. Now, the 4th U.S. Circuit Court of Appeals has upheld Judge Payne’s decision. The Richmond Times Dispatch has the story here, the 4th Circuit’s opinion is here.

A search committee has recommended that Senior Assistant Bar Counsel Edward L. Davis head the disciplinary system of Virginia State Bar.

Davis, 55, would succeed George W. Chabalewski, who is stepping down July 19 after two years in the job.

Davis has been an assistant bar counsel for more than 14 years and had worked previously in private practice and as a prosecutor in York County after six years of active duty in the Army JAG Corps.

He continued his military career in the Army reserves and earned a master’s degree in strategic studies from the Army War College. He is a colonel in the reserves and expects to retire from the military in September.

Davis, a native of Richmond, is a graduate of the College of William and Mary and the University of Richmond law school.

Karen A. Gould, VSB executive director, said Davis’ leadership and managerial experience with the VSB and the army were key factors in his selection by the search committee headed by VSB President Howard W. Martin Jr.

The appointment of Davis is subject to the approval of the attorney general and the VSB Council.

Bar counsel, the formal title for the head of the VSB’s Professional Regulation department, directs the agency’s efforts on lawyer discipline, legal ethics, lawyer advertising and solicitation and the unauthorized practice of law.

A Roanoke County Circuit Court has declared void a civil union two women established in Vermont in 2002 before living in Virginia.

Teresa Austin and Rebekah Austin lived together in Roanoke County until March 2007. In May 2007, Teresa filed a complaint seeking to dissolve the union. Teresa said in a deposition that Rebekah had stolen money from her, and that she didn’t want to be in the relationship and didn’t want Rebekah to make any claims on her or her property “as a spouse or partner in a civil union.”

Citing Virginia’s Marriage Affirmation Act, Roanoke County Circuit Judge Cliff Weckstein declared that “within the boundaries of Virginia, the purported civil union between Teresa and Rebekah is void.” He declined to award any other relief in his May 27 decision in Austin v. Austin.

Virginia Attorney General Bob McDonnell says that he will appeal the 2-to-1 ruling by a 4th U.S. Court of Appeals panel that Virginia’s ban on so-called “partial-birth” abortions is unconstitutional. According to the report from the Daily Press (via AP), McDonnell will ask for review by the full appeals court on Monday.

Bedford County Attorney Carl Boggess opines that the county is free to develop recreational facilities on a plot of land deeded in 1832 “to erect a poorhouse and work house forever.” As reported by the Roanoke Times, Boggess concludes that the word “forever” simply gives complete title.

As reported by the Washington Times, we should get a ruling in about a month after yesterday’s hearing on the constitutionality of the Virginia law that impacts the ownership of land controlled by breakaway Episcopal churches. Meanwhile, the Hartford [Conn.] Courant reports that a breakaway church in Connecticut has thrown in the towel on a similar property dispute.

Of the late Mr. Gouldman, the Free Lance-Star writes, “One of his most cherished accomplishments was his participation in successfully lobbying the [William & Mary] Board of Visitors against the proposed closing of the School of Law in 1939.”

A federal affidavit accuses Woodbridge lawyer Stephen J. Conrad of bilking between 200 and 300 of his clients, pocketing at least $3.4 million in settlements, according to Inside Northern Virginia.

A King George County circuit judge may entertain a rare court challenge to the way the local school district handles discipline appeals. The law allowing Virginia circuit courts to hear appeals of school discipline cases is restrictive by design. A disgruntled student or parent has only 30 days to file after an adverse school discipline decision. Even if you make it to court on time, the judge can grant relief only if “the school board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.”

Nevertheless, the King George case is moving ahead. Yesterday, Judge Horace Revercomb heard evidence that the King George school board delegated its discipline appeal authority to a committee of administrative staffers. That arrangement may not comport with state school discipline law. According to the Journal Press, the judge said, “Frankly, I think the statutes have not been complied with.” Pending further proceedings, the judge granted an injunction halting the suspension of the high school student in question.

And, as long as we’re talking about high school matters, we should note that the Supreme Court of Virginia on Tuesday will hear oral arguments in a dispute over where to locate a new Loudoun County High School. The Loudoun Times has the details.

University of Richmond law professor Peter Swisher has been selected by Virginia’s Court of Appeals to serve as Court Reporter for Civil Cases. As explained in the release from the law school, the job involves advising, editing, and counseling the court as it drafts its opinions. No word on what this gig pays, but it’s bound to be an interesting experience.