Allan Zaleski In The News: Choosing Sides


Posted on Mar 11, 2008

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." 

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