Gov. Timothy M. Kaine joined local and state law enforcement officials yesterday to kick off Checkpoint Strikeforce, an annual campaign to curb drunken driving on Virginia's roads.

In 2007, there were 378 alcohol-related traffic fatalities in Virginia, amounting to roughly one-third of all traffic fatalities. There were also nearly 29,000 convictions in the state for driving under the influence.

As part of the Checkpoint Strikeforce program, law-enforcement agencies will run at least one sobriety checkpoint or saturation patrol each week in the Richmond region.

Christie Brinkley Divorce Case Settled

Christie Brinkley's lurid divorce trial came to an abrupt end Thursday when lawyers for the former supermodel and her fourth husband reached an out-of-court settlement that gives her custody of their two children.

The settlement was reached at 6:15 a.m. after an all-night session that resolved all issues between Brinkley and her estranged husband, architect Peter Cook, Brinkley's lawyer, Robert Stephan Cohen, told the court.

Under the agreement, Brinkley will give Cook $2.1 million but keep 18 properties in the Hamptons that were at dispute. Cook will get parenting time with the children, under an agreement mutually satisfactory to both.

Shia LaBeouf receives DUI, cleared of blame in car crash

"Indiana Jones" star Shia LaBeouf was cleared of blame in a weekend collision because the other driver ran a red light, police said on Tuesday.

Sunday's accident occurred when the 22-year-old LaBeouf, who authorities say was driving under the influence, made a left turn and collided with another vehicle. The crash caused the actor's truck to roll over.

"LaBoeuf has been determined at this stage not to have caused the accident," said Steve Whitmore, a spokesman for the Los Angeles County Sheriff's Department.

Whitmore said the other driver failed to stop for a red light and slammed into the truck LaBeouf was driving.

LaBeouf was cited for misdemeanour driving under the influence, but Whitmore said officials are waiting for results of a toxicology test before filing a formal charge.

A representative for the star had no immediate comment.

LaBoeuf, who starred in the summer's box office hit "Indiana Jones and the Kingdom of the Crystal Skull" and last year's action flick "Transformers" suffered injuries to his head, knee and hand in the crash. He underwent surgery on his hand.

Police: charges pending against injured Virginia Beach motorcycle rider

Police say charges are pending against the 29-year-old motorcycle driver who slammed into the back of a car early Sunday morning, causing himself life-threatening injuries.

The rider was listed in critical condition at Sentara Norfolk General Hospital.

Police received a call at around 4:50 a.m. about an accident at the intersection of Lavender Lane and Longfellow Avenue, said police spokesman Wayne Gilbert.

A 1998 Toyota Corolla traveling west on Lavender Lane was making a righthand turn onto Longfellow Avenue when the motorcycle, a 2008 Eagle motor scooter, also traveling west on Lavender, crashed into the rear of the car, Gilbert said. The Eagle is considered a motorcycle because it has a 150 cc engine.

Norfolk Police officer off the streets after DUI arrest

Police in Norfolk face disciplining one of their own after he was charged with DUI.

We're told that 27-year-old Norfolk Police officer Keenan Gilligan was in his personal car at around 2:00 a.m. on July 11th when he was involved in a minor traffic accident in the 8600 block of Tidewater Drive.

A spokesperson told WAVY.com that Gilligan is now on administrative duty pending the outcome of an internal investigation.

Bicyclist Killed After Being Struck By SUV

A bicyclist is killed after being struck by an SUV. The accident happened Thursday evening on North Witchduck Road in Virginia Beach.

Police say 38-year old Kenneth James Carver was traveling southbound when he turned into southbound traffic. That's when a female driver of a Durango struck the bicyclist.

No word yet on whether the SUV driver will face any charges.

W&L professor formally sues Virginia Lottery

A Washington and Lee professor formally takes his complaint against the Virginia Lottery’s scratcher games to court.

In a news release sent out this morning (Monday), attorneys for business statistics professor Scott Hoover say they filed a complaint in Richmond Circuit Court last Friday, June 27th, against the Virginia Lottery. The lawsuit is based on Hoover’s claims that the lottery sells scratcher tickets promising a chance to win the top prize, when that top prize has already been won and the tickets do not have a chance.

Hoover’s lawsuit asks a judge to award “equitable relief to all affected customers,” by essentially wiping the sales of the lottery scratcher tickets, and giving the money back to the people. That adds up to $85 million for the purchase of an estimated 26.5 million scratcher tickets, during the past five years.

Since Hoover and his attorney gave the state formal notice that they would file a complaint in the past month, the lottery admitted to some problems in the past with their scratcher games.

Salmonella can ride water into tomatoes

Pick a tomato in the blazing sun and plunge it straight into cold water. If that happened on the way to market, it might be contaminated. Too big of a temperature difference can make a tomato literally suck water inside the fruit through the scar where its stem used to be. If salmonella happens to be lurking on the skin, that's one way it can penetrate and, if the tomato isn't eaten right away, have time to multiply.

That doesn't mean people shouldn't wash their tomatoes — they should, just probably not in cold water.

But as the Food and Drug Administration investigates the nation's outbreak of salmonella from tomatoes, the example shows the farm isn't the only place contamination can occur — and checking things like water quality and temperature control in packing houses and other supply stops is one key to safety.

Raw fruits and vegetables are crucial to a healthy diet. But they're also the culprits in a growing list of nasty outbreaks: E. coli in spinach and lettuce. Hepatitis A in green onions. Cyclospora in raspberries. Salmonella in cantaloupe. Shigella in parsley.

This newest salmonella outbreak is the 14th blamed on tomatoes since 1990.

Cold Medication Use In Young Children Can Lead To Adverse Effects, Even Death

Cough and cold medication use in young children has been linked to a significant number of adverse effects and several deaths, leading the FDA to recommend against their use for children less than two years old. Despite these concerns about safety and efficacy, there has been little research on patterns of cough and cold medication use in very young children. Now, a new study from the Emergency Medicine Networkled by Katherine O’Donnell, M.D. of Children’s Hospital Boston reveals important new statistics about medication use in children under the age of two.

According to the study, 1-in-3 children under the age of two with bronchiolitis (a lower respiratory tract infection associated with runny nose, cough, wheezing and/or difficulty breathing) had received over-the-counter cough and cold medicines in the week prior to visiting an emergency department.

This study identifies rates and predictors of cough and cold medication use prior to the manufacturer recall of and FDA recommendations against use of these medications in children younger than two years of age.

Man in critical condition after being hit by car in Norfolk

A man is in critical condition in a hospital this morning after being hit by a car on Virginia Beach Boulevard.

The man, described by police as being in his 50s, was walking a bicycle across the street about 11 p.m. in the 6000 block of E. Virginia Beach Blvd. when he was hit by a vehicle that was headed east, said Chris Amos, police spokesman.

The man, who was not identified, was taken to a hospital with injuries that were considered life-threatening.

Deaths linked to heparin use rise to 149

The blood thinner heparin has been linked to 149 US deaths in people who had allergic reactions after taking it, US regulators said.

Two Naval Men Injured in Va. Beach Wreck

Two sailors were injured in a crash on Shore Driver in the early morning hours of Wednesday, May 21, 2008. Police say that the wreck trapped the men inside the vehicle. They were transported to a local hospital with life threatening head injuries.

The men were headed east on Shore Drive just before 1 a.m. when they lost control of the vehicle, left the road, and slammed into a utility pole. After rolling several times the vehicle came to a stop. The force of the crash knocked the pole over.

Police believe that alcohol and speed were both factors in their crash, but it remains under investigation.

Ford Recalling 655,000 Trucks With Braking Problems

Ford Motor Company is recalling some 655,000 trucks to fix a hose that may be affecting the vehicles' braking ability. Ford F-150 and Lincoln Mark LT pickup trucks manufacturered between 2005-2006 with 5.4 liter, 3-valve engines are subject to the recall.

Wes Sherwood, a Ford spokesman, says that 600,000 of the trucks were sold in America and another 50,000 were sold in Canada. A final 1,500 trucks are in various countries around the world. Ford believes that the hose is causing a braking problem that may be to blame in 11 minor accidents, but the company claims that no injuries have been tied to the problem.

Ford dealers are replacing the hose at no charge to consumers and owners of the 2005-2006 models can expect to receive notification of the recall in June and July. Owners with questions can contact Ford at 1-800-392-3673.

Beta Blockers Increasing Stroke Risk

A study out of Canada is demonstrating that patients who are given blood pressure drugs known as "beta blockers" before surgery are more than one third more likely to die wtihin the month and have double the risk of stroke compared to those who recieve a placebo. The study, which is the largest of its kind to date, is the latest in a school of thought that believes beta blockers are doing more harm than good.

Beta blockers are designed to stave off the increased blood pressure and heart rate that accompany the anticipation of surgery. Before surgery, doctors notice an increase in the stress hormone catecholamine. The beta blocker is supposed to block the effects that increased catecholamine has. But the study, which used 8,000 patients at 190 hospitals across the world, indicates that they are not meeting that goal.

Dr. P.J. Devereaux, of McMaster University in Ontario authored the study. He believes that it will stir up some debate among the medical community about whether to administer beta blockers to patients before major surgery.

Study: Active Women at Reduced Risk for Breast Cancer

A new study in the Journal of the National Cancer Institute has found that women who engage in regular physical activity are less likely to develop breast cancer than those who are not active. This new study is one of the first to examine the impact of exercise on a woman's premenopausal risk of developing breast cancer. Women whose weekly activity equaled 13 hours of walking or 3.25 hours of running had a 23% lower risk of developing breast cancer than those who were less active.

Several studies have examined the post-menopausal risk of breast cancer development. The latest, published in the British Journal of Sports Medicine, found that physically active women have a rate of breast cancer that is 25% lower than that of those who aren't.

While being fit in no way guarantees that you won't develop cancer, it does seem to reduce your risk.

Driver gets 60 days for hitting, dragging two children

Flash fire in Virginia Beach shooting range injures seven

Families will make case for vaccine link to autism

Driver Runs Red Light, Kills Virginia Beach Woman

A 39 year old woman is dead after another driver ran a red light and hit her car on Sunday morning. The accident occurred at the intersection of Lynnhaven Parkway and Rosemont Road at 1:10 a.m. The man headed east on Rosemont slammed into her car after running a red light. The driver of the car that was hit was trasported to the hospital, but died there.

Police have charged the driver who ran the red light with aggravated involuntary manslaughter, driving under the influence, disregarding a red light, and not having a driver's license.

Man Dies in Single Car Accident in Va. Beach

A 26 year old North Carolina man was killed early Sunday morning when his 1985 Nissan Sentra flipped several times. The driver, who was pronounced dead at the scene, had been ejected from his car.

Police are unsure exactly how the accident occured. The last outgoing phone call from the young man's cell phone was made at about 2 a.m., but the accident was not noticed until 6 a.m. A search of the area indicated that the driver was alone in the car, was speeding, had been drinking, and was not wearing a seat belt.

Va. Beach Driver Ejected, Killed in Crash

A 20 year old Virginia Beach man was killed during the early morning hours of Thursday, April 17, 2008. Police say that the man was speeding in the eastbound lane of Bow Creek Blvd when he lost control of his car. After crossing into the westbound lane, the driver struck a light post, flipped his car, and then slammed into a car parked in a driveway.

The driver was ejected during the crash and was transported to Sentara Virginia Beach General Hospital. He was later pronounced dead at Sentara.

High Speed Chase on I-64 Ends in Fire

The high-speed pursuit of a Williamsburg, Va., speeder ended in fire Tuesday when the driver lost control of her car. After police clocked the 25 year old driver at 92 m.p.h. at 5 a.m. in the morning in the Hampton area, they began chasing her east on I-64. The chase continued down I-664 and ended when the driver exited onto Powhatan Parkway and later blew a tire, causing her to lose control of her vehicle and slam headlong into a drain cover.

The sedan flipped end-over-end and caught fire. The driver was admitted to the hospital with life-threatening injuries, but is now in stable condition.

Newport News, Va., Man Dies in Car Crash

An 87-year old Newport News, Va., man was killed last week in a car crash. The man lost control of his pickup truck, crossed the center line, and crashed into another car, according to Virginia State Police. The accident occurrd at about 4:20 p.m. on April 1, 2008.

The man was transported to Riverside Regional Medical Center, where he died. He was not wearing a seat belt.

300 Riverside Patients May Have Been Injected With Hepatitis C

Three people at Riverside Regional Medical Center in Newport News, Va., have now tested positive for hepatitis C. While that's not out of the ordinary, the hospital is now providing precautionary testing for about 300 other patients after a nurse anethetist who worked there last year is accused of infecting Texas patients with hepatitis C.

Retired Army Captain Jon Dale Jones was arrested last month in Miami for assault and possession of a controlled substance by fraud. While Jones was employed at an El Paso military hospital in 2004, he is suspected of infecting at least 15 military esrvice members or relatives with hepatitis.

Newport News Man Struck by Car Dies

The Newport News resident who was hit by a car while attempting to put gas into his stalled video in Suffolk on Saturday morning has died. Police report that the 25 year old man died of injuries sustained during the accident.

The man was hit by a pickup truck around 4:30 a.m. on Saturday, according to the Suffolk Police Departmetn. The victim was initially taken to Sentara Obici Hospital, but later flown to Sentara Norfolk General when his injuries become more serious.

Suffolk police are investigating the accident to determine whether to bring criminal charges against the driver of the pickup.

Virginia Police Investigating Car Crash

Virginia Beach police are investigating an auto accident which hospitalized three people, including a toddler. According to police, the crash occurred while a driver tried to pass a trash truck on the left. The truck took a left turn and crashed into the car, flipping it several times.

The toddler was thrown from the vehicle in the accident, but has been doing OK in the hospital.

Police have charged the driver with reckless driving and failing to hav a child in a proper car seat.

Allan Zaleski In The News: Griffith Won't Be Reappointed

G E N E R A L AS S E M B LY | N O R FO L K C I R C U I T C O U R T
Griffith won’t be reappointed
By Julian Walker and Michelle Washington
The Virginian-Pilot

RICHMOND
    Legislators were still struggling Monday to resolve ongoing disagreements over judicial appointments but they agree on one thing: Norfolk Circuit Court Judge Chuck Griffith will not be re-elected to his seat.
    “He is categorically foreclosed from being re-elected by the legislature,” said Del. W.R. “Bill” Janis, R-Henrico.
    Griffith cannot be re-elected because the Senate has not certified him as a candidate, said Janis, who is chairman of the Judicial Systems Subcommittee for the House courts committee. Both the House and Senate must agree on judicial appointments.
    Griffith declined to comment on the decision Monday.
    He has served as a circuit judge since 2000. Before that, he served as Norfolk’s elected commonwealth’s attorney, for which he ran as a Republican.
    Griffith has been fighting for reappointment since January, when a member of the Senate Courts of Justice Committee removed his name from a list of judges to be named to additional terms.
    Norfolk lawyer Allan Zaleski sent a letter critical of Griffith that was circulated to members of the House and Senate Courts of Justice committees. Zaleski questioned Griffith’s judicial temperament and pointed to a Supreme Court decision that overturned Griffith’s conviction of one of Zaleski’s clients.
    “I’m glad the thing is over with. I really am,” Zaleski said Monday. “Maybe it will be beneficial for the commonwealth and the city of Norfolk to have greater scrutiny of judges.”
    Partisan wrangling and continuing disagreements this session over judicial candidates have stalled the process of filling 24 vacant judgeships in Circuit, General District and Juvenile and Domestic Relations courts across the state.
    Fights over Circuit Court openings in Norfolk and Virginia Beach have been part of the problem, several legislators said.
    Also being delayed are the reappointment of two Court of Appeals jurists, including Judge Robert J. Humphreys of Virginia Beach, and seats on the Judicial Inquiry and Review Commission, Workers’ Compensation Commission and the State Corporation Commission.
    If the legislature fails to act, Gov. Timothy M. Kaine can fill Circuit Court seats. In turn, Circuit Courts are tasked with filling General District and Juvenile and Domestic Relations court vacancies. If interim appointments are made, they would be valid until the General Assembly convenes next year. Then legislators would have 30 days to confirm those appointments; otherwise the seats would become vacant again, Janis said.
    He fears that failing to elect judges this year could create difficulties in finding people to be judges.
    “The governor will have to recruit and persuade people to go on the bench, mindful of the fact that there will be no guarantees that they can be confirmed in that office next January,” Janis said.
    Sen. Ken Stolle, R-Virginia Beach, acknowledges the task of electing judges has been particularly tough this session.
    “Hopefully we’ll get things straightened out this year,” Stolle said. “If we don’t, the governor will appoint the judges where there’s agreement.”
    Kaine press secretary Gordon Hickey said if the governor fills judicial vacancies “he’s not going to make any fly-by-night appointments without consulting with the General Assembly.”

Allan Zaleski In The News: Choosing Sides

Issue Date: Tuesday, March 11, 2008, Posted On: 3/11/2008

Choosing Sides

Vernal Coleman

If you felt a strange and, perhaps, exhilarating lightness of being last Monday, it was likely due to the vacuum of power and influence left by the busload (literally) of prominent Seven Cities figures who traveled to Richmond in support Norfolk Circuit Judge Charles "Chuck" Giffith Jr. and his bid to for reappointment to the bench.

Norfolk Mayor Paul Fraim, Clerk of the Circuit Court George E. Schaefer, Virginia Beach Commonwealth’s Attorney Harvey Bryant III and some fifty other supporters were all on hand as Griffith appeared before members of the House and Senate to address the criticisms that have perhaps derailed his second eight year term, set to begin in May.

The rules of the game are as follows: A judge cannot be considered for appointment or reappointment unless both the House and Senate’s respective Courts of Justice committees certify him or her as qualified for the post. Griffith was among a group of other candidates set to be considered by the Senate committee in January, when his name was removed by Senator John Edwards (D-Roanoke), who afterwards told The Virginian-Pilot, "There are some concerns that have been raised, and some opinions about some of his rulings with regards to going outside the scope of what a judge should do."

Appointed in 2000, Griffith has since garnered a reputation for what some lawyers call a brusque demeanor. Others have complained that the former Norfolk Commonwealth’s Attorney remains too prosecution oriented.

Standing before the committees in suit and cowboy boots—which is for him a common sartorial affectation—Griffith acknowledged that there is usually a "kernel of truth" to any complaint made about a judge’s performance, but that even though he still considers himself a "firm but fair" judge, he had taken the criticisms to heart.

"Sometimes when I’m being firm, my comments can come across as intemperate," he said.

Griffith has been under fire since December, when Norfolk lawyer Allan Zaleski, whom Griffith once tried to remove from a list of court appointed attorneys, submitted a letter to the legislature asking that he be denied reappointment.

Zaleski too was present for last Monday’s hearing and was the lone person to speak against his reappointment, explaining that other like-minded lawyers were fearful of retribution by other Norfolk judges.

In 2006, the state Supreme Court took the rare step of issuing a rebuke of Griffith for displaying "lack of impartiality" toward the defense attorney.

Wrote the judges in their reversal of the conviction: "We conclude that Judge Griffith’s failure to recuse himself as an abuse of discretion because the record shows that the judges’ actions reflected a personal bias and prejudice against counsel[Zaleski]."

The Supreme Court would again overturn one of Griffith’s decisions later that year, ruling that he had not properly instructed the jury during the 2002 trial of a woman who had shot and killed her former boyfriend.

"I’ve seen all kinds of judges," said Zaleski, "This judge does things that are unheard of."

The case is currently in appeal.

Calls to Zaleski’s law offices were not returned, but during the session he quoted the Supreme Court’s decision, and also submitted materials about Griffith’s behavior in other cases, including a case in which Griffith sanctioned defense attorney John McNally for opposing his decision to fine a defendant $14,000.

A decision on Griffith’s fate had not been made as of press time for Port Folio Weekly last Friday. It was expected to come before the end of the current legislative session on Saturday.

The rules governing the reappointment process dictate that if an accord is not reached before the end of session, the governor is allowed to name judges to vacant circuit court seats.

On Friday, members of the House and Senate were still wrangling over the decision after a late push by House Republicans to certify Griffith left Democrats scrambling to find a way to block the effort.

"Judges aren’t perfect," said a source close to the process. "And neither is this process."

Dr. Accused of Hastening Death to Get Patient's Organs

A California transplant doctor is facing charges that he hastened a comatose patient to his death in order to retrieve the man's organs. Dr. Hootan Roozrokh, a well respected doctor, is accused of ordering excessive doses of drugs to speed up Ruben Navarro's death.

Navarro has suffered a debilitating nerve disease since he was 9. If convicted, the doctor could face up to eight years in prison.

Car Crash Shuts Down Norfolk School

Larchmont Elementary School was closed yesterday becuase of a power outage caused by a car accident. Around 1 a.m. Wednesday night, a car accident on Hampton Blvd. brought down a power line and caused power outages all around Old Dominion University, including the power to Larchmont.

While power was quickly restored to most of the area, Norfolk Public Schools decided to keep Larchmont closed because of cold temperatures.

Baxter Recalls Heparin Products

Heparin, the powerful blood thinner, is being recalled after 21 patient deaths were reported. In a news conference, Sandra Kweder, deputy director of the FDA's office of new drugs, says that the FDA has recieved 448 reports of adverse effects in heparin patients.

Heparin is widely used as a blood thinner to prevent clotting during surgeries, dialysis, and other procedures. It is also used to clear IV lines. Baxter makes about half of the United States supply of the drug, but has recalled all of its products pending the inspection of a Chinese factory that makes hte drug.

No shortage of Heparin is expected from the recall.

Ford Recalling 2005-2008 Mustangs

Ford Motor Co. announced Wednesday that they will be recalling almost a half million Ford Mustangs to correct the force with which the air bag deploys on the front passenger side. The recall includes model years 2005-2008.

Ford's internal testing showed that the air bag had potentiall to injury a small, unbelted passenger. The company claims that there have been no reports of injuries or accidents related to the recall yet.

Norfolk Man Charged with School Parking Lot Abduction, Rape

Brandon Wade, a 22 year old Norfolk, Virginia, man has been arrested and charged with two counts of rape, three counts of forcible sodomy, one count of attempted forcible sodomy, two counts of abduction, two counts of robbery, one count of carjacking, and one count of eluding police. Wade allegedly abducted a woman from the Ruffner Middle School parking lot around 7:45 p.m. on Monday.

According to police, Wade drove off with the victim. He was spotted after the abduction was reported and allegedly stole a car in an effort to avoid the police. Wade crashed the stolen car into a barrier on Virginia Beach Boulevard and then attempted to flee on foot before being subdued by the officers.

Fund Established for Injured Virginia Trooper

A relief fund has been established for the family of the Virginia State Trooper who was hit by a pickup truck last week. The officer remains in critical condition.

The state trooper was sitting in a marked car just after 11 p.m. with the emergency lights on when a Ford F-150 blowed into hte back of the squad car, forcing the car across the interstate and off the shoulder of the road. The driver of the pickup truck, which was headed south on I-81 near Abingdon, Virginia, has been charged with driving under the influence.

Allan Zaleski In The News: Two Virginia Judges in Trouble For Gaining New Term

Two Virginia judges in trouble for gaining new term
Virginia Lawyers Weekly
January 28, 2008

Two incumbent judges-Norfolk Circuit Judge Charles D. Griffith Jr. and John M. Farmer, a juvenile and domestic relations district judge in far Southwest Virginia-appear to face difficulty in getting reelected.

Neither encountered any substantive questions when they appeared before a joint committee of the House and Senate Courts of Justice committees last month, but they were not on the list of incumbents that the legislature reappointed earlier this month.

Much of Griffith's difficulty appears to stem from the sharp rebuke he received from the Supreme Court of Virginia in its reversal of a drug conviction in Wilson v. Commonwealth (VLW 006-6-065).

The court said Griffith's response to what he viewed as judge-shopping by defense attorney Allan D. Zaleski "raised concerns about the judge's impartiality in the case and about the public's perception of fairness in the case. "

According to the Supreme Court opinion, Griffith attempted to remove Zaleski from the case because Zaleski acknowledged that he had asked for a jury trial only because the case had been transferred to Griffith. Zaleski had been retained, however, so Griffith ordered him removed from the list of attorneys eligible for court appointment "effective immediately. "

After Griffith learned that the case had been reassigned to another judge and that Zaleski had requested a bench trial, Griffith asked the chief judge to assign the case to him because he believed that a defendant should not be allowed to avoid a particular courtroom by demanding a jury trial.

At the start of the trial, the prosecutor told Griffith that the parties had agreed to a four-year prison term at the last minute, in part because of a problem with exculpatory evidence.

Griffith refused to allow the parties to reduce the agreement to writing and directed them to try the case. He convicted the defendant and sentenced him to 30 years.

He was the city commonwealth's attorney when he was appointed to the bench, and some defense attorneys still believe him to be too prosecution-oriented.

Others are concerned that the reappointment might be caught up in politics. Control of the Senate switched from Republicans to Democrats after the November election, and the city now has no Republican as a member of its delegation.

Donald C. Schultz, president of the Norfolk & Portsmouth Bar Association, said he has written the Norfolk delegation to urge it to consider the reappointment of Griffith on the merits rather than on political considerations. The letter did not specifically recommend reappointment.

The two courts committees have invited Griffith to appear before them if he wishes, but no date has been set.

In the case of Farmer, who is based in Clintwood and sits in the district that includes Dickenson, Buchanan, Russell and Tazewell counties, Sen. Phillip P. Puckett, D-Tazewell, said he is not supporting Farmer for reappointment, and the legislature typically defers to the local delegation on such matters.

He said Farmer had suggested to him when he spoke to him about the reappointment that politics was involved, but Puckett said that is not the case.

"He is a fine person, a decent person," Puckett said of Farmer, but he had little experience in J&DR court before his appointment, and "I have received numerous complaints over the last six years. "

"We need to find qualified people to go on the bench and not let them learn on the job," Puckett said. He said he had told Farmer two weeks ago that he would reconsider his position if he received a groundswell of support for him. Since then, he has received one letter, Puckett said.

In re-electing judges, the General Assembly also appointed two circuit judges, a general district judge and three juvenile and domestic relations district judges where local delegations had agreed on a candidate.

In Fairfax County, Judge Robert J. Smith was elevated from general district court to circuit court and Bruce D. White, a partner in the Fairfax City firm of Brault Palmer Grove White & Steinhilber also was named to the circuit court. They will fill seats created by the retirement of Judges Arthur B. Vieregg Jr. and Kathleen H. MacKay.

Stephen D. Bloom was appointed to a general district seat in the Sixth District, and Croxton Gordon was named to a juvenile seat on the Eastern Shore, Janine M. Saxe to a juvenile seat in Fairfax and Florence A. Powell to a juvenile seat in Smyth County. Bloom, Gordon and Powell had been sitting as pro tempore appointees.

Circuit judges reappointed were A. Joseph Canada Jr., A. Bonwill Shockley, Glen A. Tyler and Patricia L. West from Virginia Beach, H. Vincent Conway from Newport News, Leslie M. Osborn from the 10th Circuit, James F. D'Alton Jr. from Petersburg, Michael C. Allen and Cleo E. Powell from the 12th Circuit, Gary A. Hicks and Catherine C. Hammond from Henrico County, Daniel R. Bouton from the 16th Circuit, Stanley P. Klein from Fairfax County, Bruce F. McCahill from the 20th Circuit, Dennis Lee Hupp from the 26th Circuit and Robert M.D. Turk from Radford.

General district judges given a new term were Colon H. Whitehurst of Chesapeake, Albert W. Patrick and Bonnie L. Jones of Hampton, Robert D. Laney of the 12th District, Robert A. Pustilnik of Richmond, William G. Barkley of the 16th District, Ian M. O'Flaherty and Lorraine Nordlund of Fairfax, Dean S. Worcester of the 20th District, Francis K. Burkart III of the 23rd Circuit and Wenda K. Travers of the 31st Circuit.

Juvenile judges reappointed were Jerry Hendrick Jr. of the 12th District, Angela E. Roberts of Richmond, Junius P. Warren of the 21st District, Jeff Hamilton of the 30th District and Janice J. Wellington of the 31st District.

Copyright 2008 Dolan Media Newswires
Virginia Lawyers Weekly

SECTION: NEWS
LENGTH: 944 words
HEADLINE: Two Virginia judges in trouble for gaining new term
BYLINE: Alan Cooper

Allan Zaleski In The News: Norfolk Judge's Record, Demeanor Put Reappointment Under a Cloud

Norfolk judge's record, demeanor put reappointment under a cloud

Norfolk Circuit Judge Chuck Griffith, who served eight years as the city's elected top prosecutor before joining the bench, faces a fight to retain his robe.

Two weeks ago, a state senator removed Griffith's name from the list of judges to be considered for an additional term. No hearing has been set to review his reappointment for a second eight-year term, but local legislators said Friday that they have received dozens of phone calls and letters in support of and opposition to Griffith's continued service.

Griffith was named to the bench in 2000 and ran as a Republican for commonwealth's attorney in 1992.

In a letter to Del. Johnny Joannou, D-Portsmouth, dated Dec. 18, Norfolk lawyer Allan Zaleski asked Joannou not to reappoint Griffith, saying, "The citizens of Virginia are entitled to judges who are fair, courteous, knowledgeable and unbiased. I do not believe Judge Griffith possesses any of these qualities."

Griffith's supporters say he is a hard-working judge who has heard thousands of cases. Norfolk Circuit Court Clerk George Schaefer said in a letter to a local legislator that Griffith has "the professionalism befitting the tradition of justice in this circuit."

Griffith declined to comment this week, saying the Canons of Judicial Ethics prevent him from talking about pending cases.

While some have suggested that the campaign to oust Griffith is a political maneuver, both Democratic and Republican lawmakers say additional scrutiny of the judge is not motivated by partisanship.

"There's nothing political about this," said Sen. Kenneth Stolle, R-Virginia Beach, who considers a Griffith a friend.

"Some of the judge's decisions are not consistent with the demeanor that we expect from judges," said Stolle, who is a Courts of Justice Committee member. "There are some serious allegations and some comments that have been generated by the Court of Appeals and the Supreme Court about decisions that he's made, and they are clearly legitimate issues of concerns that we have to address."

Zaleski's letter and materials that accompanied it have been distributed to members of the House of Delegates and Senate Courts of Justice committees. The Virginian-Pilot received a copy of the packet, and verified information included in it with court records.

Zaleski cited six cases that he said "illustrate an abuse of authority" by Griffith. In one of the cases, the Supreme Court rebuked Griffith for failing to recuse himself from a case in which Zaleski was the defense lawyer.

In their decision, issued in June 2006, the justices wrote that Griffith showed bias by removing Zaleski from the list of court-appointed attorneys, attempting to remove him from the case, and referring to Zaleski's actions as "shenanigans."

"Judge Griffith's prejudice or bias against Zaleski is repeatedly reflected in this record and such bias does raise questions about Judge Griffith's ability to be impartial in this proceeding," the justices wrote.

Zaleski pointed to other cases currently pending before the state's Court of Appeals and Supreme Court. In one case, Griffith fined lawyer John McNally more than $14,000. The Supreme Court has accepted the case for argument, but no date has been set.

Briefs submitted to the high court by both sides outline the case. Griffith sanctioned McNally in December 2006, a month after McNally's client filed for bankruptcy on the evening before the scheduled start of a jury trial on a lawsuit.

The plaintiffs' lawyer argued that McNally should have notified them sooner that his client intended to file for bankruptcy. Griffith asked the plaintiffs' lawyer, Daniel Warman, to tally up costs and attorney's fees for the week before the trial, and fined McNally that amount plus the costs for summoning a jury.

In McNally's brief to the Supreme Court, he argues that Griffith should have given him a hearing at a later date to defend himself against the request for sanctions, rather than proceeding with the hearing on the spot. Attorney-client privilege of confidentiality barred him from notifying the plaintiffs or the court about his client's intentions, McNally argues.

Warman wrote in his brief that McNally did not object to the request for sanction at the time it was made, nor did he request a hearing afterward. Warman wrote that Griffith found that McNally had exhibited a pattern of behavior throughout the case that showed an intent to delay the proceedings and increase the cost of litigation for the plaintiffs.

In his letter to Joannou, Zaleski wrote that Griffith has a "tendency to punish lawyers or litigants who displease him."

Zaleski also pointed to contempt of court findings Griffith made against defense lawyers Kenneth Singleton and Gordon Zedd in separate cases in September and October. The cases are similar: Zedd and Singleton each contacted the prosecutor handling the case against his client to postpone proceedings. Prosecutors agreed in both cases and signed an order to present to Griffith.

Zedd and Singleton advised their clients that they did not need to appear in court. In each case, Griffith questioned why the defense lawyer had released his client without court approval. He held both lawyers in contempt, fining Singleton $250 and Zedd $50.

Zedd and Singleton have appealed their convictions. Both declined to comment. The Court of Appeals has not set dates for the hearings.

In his letter to Joannou, Zaleski argued that Griffith's contempt rulings show a "continuing abuse of power."

Stolle said he has spoken with Griffith about the criticisms lodged against him.

"If Chuck can come in and persuade the committee that he understands what type of demeanor and behavior we expect from a judge, and that his first term has been a learning lesson for him, then I think he has a chance of being re-elected," Stolle said.

Sen. Ralph Northam, D-Norfolk, said Griffith came to Richmond last week to discuss his reappointment.

"The fairest way that I can think of to deal with this is to offer him an interview with the Courts of Justice Committee," said Northam.

Sen. Yvonne Miller, D-Norfolk, declined to comment.

Del. Paula Miller, D-Norfolk, said she has received letters of support for Griffith at a ratio of 10 to 1 negative opinion. One of them was from her husband, Circuit Court Clerk Schaefer, who called Griffith one of the court's hardest-working judges.

Donald C. Schultz, president of the Norfolk & Portsmouth Bar Association, wrote a letter supporting an impartial hearing process for Griffith.

Stanley Barr, a past president of the association, said he called Northam to say Griffith is "a very good judge" and that he and other lawyers "have a high regard for his abilities."

Norfolk lawyer Charles McPhillips called Griffith one of the brightest and most fair-minded judges he knows.

"If you have a tough case and need someone who will wrestle with the issues, he's the type of judge you want to get," McPhillips said.

By Michelle Washington
The Virginian-Pilot
© January 26, 2008
Published on HamptonRoads.com | PilotOnline.com
(http://hamptonroads.com)

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