Fairfax bench changes are coming with six new judges, says Virginia criminal lawyer

Fairfax bench changes (in the Fairfax County Circuit Court, General District Court, and Juvenile and Domestic Relations District Court) and  are coming with the arrival of six new judges (filling six upcoming vacancies with two in each court), with four of them having substantial criminal defense experience, including two former public defender lawyers and one with in depth court-appointed criminal work. As a Fairfax criminal lawyer, I have been very friendly with one of them (and know two more of them well, and have known two more for years, which leaves one whom I do not know), and the latter friendly attorney’s character and temperament make it clear that such a connection will not get any favoritism my way from his bench, but at least when judges know me, they know me for whom I am, which will not hurt my clients. Only one of the judges already is a full time judge, moving to the Circuit Court. At least two of them have recently been sitting as substitute judges. What does this substantial judicial composition change mean for you as a Virginia DUI or criminal defendant? Read on.

How will this Fairfax bench change affect my Virginia criminal defense?

This Fairfax bench change brings this county farther away from the days of more plentiful judges acting like they have ice in their veins. The two incoming cir Among the outgoing judges being replaced are two who are among my particularly least favorite. Of course, their departure as full time judges does not assure they will not appear in the future as substitute judges.

How do Virginia judges get hired and renewed on the Fairfax bench or other commonwealth courthouses?

Unlike states where governors nominate judges, and unlike states where a lawyer can run for a judgeship without needing to be appointed by a government body, the Virginia legislature wields extraordinary power by being the only governmental body that populates the Fairfax bench and  other Virginia courts judges on the Virginia trial courts, other than that the governor may make interim appointments to the circuit courts. “The judges of Virginia’s district courts are elected by a majority vote of each house of the General Assembly for terms of six years.” That term is eight years for Circuit Court judges. Virginia also has a widely used substitute judge system — appointed by the chief judge — of private practicing lawyers who sometimes sit as judges in place of full time judges who are on vacation, sick, or otherwise away from work that day. My understanding is that such substitute judges receive limited compensation. I disagree with this system for not presenting a sufficient incentive, by itself, for substitute judges to be of high quality, to know the essential law regarding the cases they will likely handle, and to keep on top of changes in the law. Moreover, I disagree with letting private practicing part time prosecutors in Fairfax and other satellite courts (which happened with the immediate past Fairfax City chief prosecutor, but I do not dissent from his having served as a substitute judge, now sitting full time) serve as substitute judges, if for no other reason than that a criminal defense lawyer sometimes needs to be very firm in dealing with prosecutors, and should not need to consider possible fallout from doing so with a lawyer who is the criminal defense lawyer’s prosecutor one day and judge the next day.

How does a Virginia judge stay loyal to his or her oath when knowing that political decisions in the legislature decide whether they get renewed in their jobs?

Virginia judges have no choice than to obey their oath of office. However, being human, they still know the dollars and cents transition involved if they do not get renewed on the bench, and they know that the Virginia legislature is a very political body that can easily let politics and insufficient other factors influence their vote for renewing a judge in their job, or not. No system of selecting judges is sufficient, including the federal system that appoints judges for life unless they resign or get impeached. Let this Fairfax bench change improve this courthouse for Virginia criminal defendants.

Fairfax criminal lawyer Jonathan Katz pursues your best defense against Virginia DUI, felony and criminal prosecutions. Call 703-383-1100 for your free in-person confidential consultation with Jon Katz about your court-pending case.