State and Federal Court News

Below are new briefs for Virginia's Judicial System, including the Supreme Court of Virginia, and information regarding Federal Courts, including the US Court of Appeals for the Fourth Circuit Court, and the US District Court, Eastern District located in Alexandria, VA. If you are a representative of one of these courts, and have a news item to submit, send the information to news@fairfaxbar.org.

Court-Appointed Counsel Representing Indigent Defendants May Seek Waivers of the Statutory Fee Caps

The General Assembly amended Virginia Code § 19.2-163, effective July 1, 2007, to allow attorneys appointed to represent indigent defendants in criminal matters to seek waivers of the statutory fee caps. General information regarding the process for requesting a waiver, including the forms that must be submitted, guidelines the courts are to use in determining whether to grant a waiver, and answers to frequently asked questions have been posted on Virginia's Judicial System website. The direct link to the information is http://www.courts.state.va.us/news/2007_0626_waivers_of_statutory_fee_caps.html. For questions about the waiver process or the forms, please contact your local district or circuit court clerk's office.

From the VA Supreme Court: Update from the Appellate Rules Advisory Committee Report

Gov. Timothy M. Kaine today appointed Court of Appeals Judge LeRoy F. Millette Jr. to the Supreme Court of Virginia and replaced him with Chesterfield Circuit Judge Cleo E. Powell on the intermediate appellate court. Kaine also named McGuireWoods LLP partner James C. Dimitri to the State Corporation Commission. And he appointed two circuit judges in Fairfax County, Jan Louis Brodie, deputy county in Fairfax, and David S. Schell, a juvenile and domestic relations district judge, in Fairfax, and Charles S. Sharp, the commonwealth?s attorney in Fredericksburg, to a post in the 15th Judicial Circuit. Noticeably absent from the appointments were posts in Hampton, Norfolk and Virginia Beach where the delegations are bitterly divided over judicial vacancies. Judges who accepted appointments to higher courts did so at some risk. Some Republicans had warned that no appointee could be assured of election to a full term when the General Assembly convenes next year, and the candidates have no assurance of returning to their former posts if the legislature rejects them. Kaine appointed Millette, who had been a circuit judge in Prince William County, to the court of appeals in November, and sources close to the appointment said Powell was on the very short list for that seat. She will be the only black member of the court.

Effective February 1, 2008, the Supreme Court of Virginia entered amendments to the Rules of Court. For a complete listing of the changes, please click here.

Effective February 1, 2008, the Supreme Court briefs and other papers must be filed in one of three fonts: Courier, Arial or Verdana, and the typeface must be 14-point or larger, up from the 12 points now allowed. The page limits remain the same, which means you can get only five-sixths as many words in briefs that you think require as many pages as allowed. .

A reminder on CM/ECF Spam Filter Issue for U.S. District Court, Eastern Division of Virginia

E-mail spam filtering software that blocks e-mails from our CM/ECF system can inadvertently cause major e-mail traffic problems and can prevent attorneys from getting their e-filing login and passwords and Notices of Electronic Filing.

The first bullet in the Updates and Alerts section of the CM/ECF page of our Internet site (www.vaed.uscourts.gov) warns attorneys thus: You will not receive Notices of Electronic Filing (NEFs) from our Court if your e-mail filtering software blocks transmission from our CM/ECF address: cmecf@vaed.uscourts.gov. We will turn off your electronic noticing until any filter blocking issue is resolved.

Cell Phones and Other Electronic Devices Policy
The US Marshals Service will no longer store cell phones and other electronic devices that visitors bring to the US District Courthouse in Alexandria. You will be unable to enter the building if you bring these devices.

Cell phones, pagers, personal digital assistants, cameras, tape recorders, laptop computers and other electronic devices have been prohibited in the courthouse for almost a decade. Visitors who mistakenly brought them have, until now, been able to store them in small lockers near the front door. The lockers are being discontinued for logistical and security reasons.

All visitors to the courthouse are covered by this policy. However, as is currently the case, attorneys who require laptops for their courtroom presentations can bring them provided they have prior written approval from a judge.

Changes in Procedure for Motions Days and Criminal Docket Days In the Loudoun Circuit Court Effective August 20, 2007

PLEASE TAKE NOTICE that the Court intends to amend Local Rule 28(b), governing addenda and attachments to briefs. The proposed amendment conforms the language of the local rule to the federal rules by replacing the current description of required addendum material with a reference to Rule 28(f) of the Federal Rules of Appellate Procedure, governing reproduction of statutes, rules, regulations, etc. Open this document to read the Addenda and Attachments.

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