So, just the intern here—bosses are “out of town” and I’m left to my own devices, I mean what could go wrong!? This lawyer guy poses what seems like a good question about Va. Court of Appeals judges, cool, i’m going investigate! We’ll see if I still have a “job” Mon.,A THREAD: 1/
So, check it, this hunky att’y replies to a tweet, he’s like, “does anyone know how many former Public Defenders have ever been appointed to Va’s Court of Appeals?” And I’m like, nope, but here’s my big research opportunity, you know, impress the bosses. 2/
So the GA is filling 8 judgeships. I decide to do a little digging, google’s badass, and I find this chronology, whatever you call it, it’s a list of all the judges who’ve been on the Virginia Court of Appeals since its inception in 1985: scvahistory.org/chronological-… 3/
For context, the Court of Appeals reviews decisions of the circuit courts in domestic relations matters, traffic infractions, criminal cases, appeals from admin agencies, & decisions of the VWCC. Pretty much any of you could find yourselves there at some point. 4/
I comb through the list of current and former judges, and now I’m all like, “I’m going to need to call somebody cause I’ve totally uncovered some crazy ____ fill in the blank!” (I like my “job”):

There’s never been a public defender on the Court of Appeals! 5/
It’s already pretty damning the current makeup of the Court of Appeals is 70% former prosecutors & AG’s! With 8 seats to fill, there best be 8 public defenders, legal aid, or civil rights attorneys appointed by @VASenateDems @VAHouseDems....IF they believe in a balanced Court. 6/
Since 1985, ZERO (give or take) public defenders have been appointed to the Va. Court of Appeals! More than 70% of felony cases in state courts are handled by public defenders, and over 50% of petitions to COA are criminal, so why no professional diversity on the bench?! 7/
The future of the Ct of Appeals rests in the hands of Dem leadership. EMAIL: @EFillerCorn @C_Herring @DickSaslaw @Edwards4VA @RipSullivan48 @SenLouiseLucas
Demand that they restore balance to the Court by appointing public defenders to the appellate bench.

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More from @JusticeFwdVa

6 Aug
We’ll be honest, we’re worried we’re not going to see the type of professional diversity on the Court of Appeals we all know is critical to fair outcomes in our legal system. The Va. Way of filling judicial vacancies is as transparent as a brick wall, but here’s what we know: 1/6
Next week is when we’ll see votes on Court of Appeals nominees. The original 80 applicants have been narrowed down to a list of 16 candidates for the Senate and House to consider appointing to eight open Court of Appeals seats.  2/6
We don’t know the entire “List of 16” and that list will probably NOT be made public. We’re fairly certain it doesn’t include most of the top indigent defense attorneys that applied for a judgeship. 3/6
Read 6 tweets
3 Apr
Only 72 hrs until @CBS6 hosts its VA Democratic primary debate. Amidst a historic civil rights movement focused on criminal justice reform, we need to know which candidates support the movement and which will allow it to stagnate. Here are the questions we'd like answered: 1/21
Agree or disagree: Virginia’s criminal legal system has caused untold harm to people of color harm that must be undone through reforms that prioritize racial justice and equity. Agree? What’s your plan? @TerryMcAuliffe @JCarrollFoy @JennMcClellanVA @FairfaxJustin @carterforva 2/
What is restorative justice? Do you support it, and if so, what would you do to move Virginia’s justice system toward a more restorative justice model? 3/
Read 21 tweets
27 Feb
Tonight, the Virginia General Assembly reportedly agreed on a marijuana legalization compromise that, from the perspective of racial justice, is worse than the status quo. How can that be? We’ll explain... 1/6
As we understand it, the compromise creates new crimes like possession in a vehicle & possession under age 21, and new pretexts like “transportation” & offering or consuming marijuana in a public place—all of which will be enforced disproportionately against Black Virginians. 2/6
Moreover, the bill is at most an aspirational policy statement—the benefits (legalization) aren’t effective until ‘24, and the legislation includes a reenactment clause, requiring virtually every aspect to be voted on again in ‘22. The vote this year basically doesn’t matter 3/6
Read 6 tweets
26 Feb
Matthew Rushin was sentenced to 10yrs in prison for intentionally causing a car crash. He maintains it was an accident, but VA law prohibited introducing evidence of his autism disorder proving that. VA lawmakers are hung up over a bill to change this. 1/4 theappeal.org/virginia-menta…
People accused of crimes in Virginia are prohibited from submitting Evidence of Mental Illness during trial because of a 1985 Virginia Supreme Court decision that ruled a person’s mental state was irrelevant unless a plea of not guilty by reason of insanity is entered. 2/4
After @JennMcClellanVA’s SB1315 passed @VASenate, the bill faced resistance in @VaHouse. The opposition prompted removal of mental illness. Members of a conference, McClellan @JeffMBourne @CarrieCoyner @CreighDeeds @RichardStuartVA & V Watts have a chance to reconcile this. 3/4
Read 4 tweets
25 Feb
ANOTHER #EndMandatoryMinimums tweet thread?! You’re DARN right it is?! We’ll stop when #VAGeneralAssembly ends them ALL—but in the meantime, nestle in (especially you @VAHouseDems) while we take you on a journey around the broad support the Repeal of Mand Mins has garnered. 1/13
Back in 2019, @GovernorVA said he was NOT going to sign anymore into law, adding, “imposing mandatory minimum sentences eliminates the discretion of judges and juries, and ties the hands of the individuals entrusted to make these important decisions.” washingtonpost.com/opinions/2019/… 2/13
The notorious Virginia Crime Commission—many of you out of state advocates have asked where you can get one (lol)—officially recommended in January of 2021, that VA Repeal ALL of Virginia’s Mandatory Minimum Sentences. ALL of them. ALL. vscc.virginia.gov/2021/VSCC%20Ma… 3/13
Read 13 tweets
15 Oct 20
False info regarding the “cost” of jury sentencing reform is jeopardizing the passage of SB5007 by @VAHouseDems. We’ve got the data that should put those costs arguments to rest for good. Ready? 1/3 @DelegateTorian @MarkSicklesVA @EFillerCorn @kmurphyva @JeionWard
Acc. to the Va. Crim. Sent. Comm’n, there were 24,648 guidelines sentencing events in 2019. Only 1.2% of those were from jury trials. That means a TOTAL of only 287 convictions resulted from jury trials all year. More than 24,000 were bench trials (8%) or guilty pleas (90%). 2/3
So, generously assuming that around 50% of jury trials result in acquittals, the total number of juries in the entire state is probably around 550 ALL YEAR. FOR THE ENTIRE STATE! About 5 per Commonwealth’s Att'ys Office

Facts, people! You can't ignore them! Pass SB5007 now! 3/3
Read 4 tweets

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