Virginia Trial Lawyers Association - Preserving and protecting justice for all Virginians
Law Letter Online November 12, 2009
Making time
Consider joining the VTLA Board
Handling nursing home or long term care cases?
VTLA co-sponsors January program with American Association of Matrimonial Lawyers
VCJC takes on Criminal issues large and small
Justice Day January 27th
CLE Committee holds successful annual retreat
News Briefs
Golden Year celebrations continue


Paralegal Seminar
   Nov. 18, Richmond

AAML seminar
   Jan. 21, Richmond

Justice Day
   Jan. 27, Richmond

Long Term Care Seminar
   Feb. 26, Richmond

Annual Convention
   March 25-28

Case Analysis
VA Supreme Court
VA Court of Appeals
Workers' Comp  

Career Center
post job openings 
review openings

VCJC takes on Criminal issues large and small

The Virginia Criminal Justice Conference (VCJC) was created in 2006, when Henry County Commonwealth's Attorney Bob Bushnell and VTLA stalwart Andrew Sacks gathered a group of top-flight prosecutors and defense attorneys to confer on criminal justice issues. The Conference was designed to develop information and proposals on areas where both sides might agree on ways to help the system better fulfill its mission.

VCJC's 50-plus members include prosecutors, defense attorneys in private practice, public defenders, jurists from every level of Virginia courts, distinguished legal scholars, a Deputy Attorney General, a circuit court clerk (who is also an attorney), and counsel to the House and Senate Courts Committees and the State Crime Commission.

The Conference held its fourth annual meeting in Williamsburg on September 25th and 26th to consider a wide range of issues under study over the last year and to elect new officers. Richmond attorney Ed Riley, of Riley & Wells, and Halifax County Commonwealth's Attorney Kim White were elected to two-year terms as Co-chairs of the Conference, to succeed Linda Curtis and Michael HuYoung. Fauquier County C. A. Jonathan Lynn will serve as Conference Secretary, and Richmond attorney Esther Windmueller as Membership Chair.

Legislative proposals adopted for 2010 include amendments to Code §§19.2-257 & 19.2-264.3 to permit jury sentencing upon a guilty plea in a capital case, and an amendment to §19.2-76.1 to allow attorneys for the Commonwealth to move for dismissal, without prejudice, of un-served warrants.

Issues under study for the coming year include: discovery in criminal cases; the use of depositions; the role of trial judges when one or more parties are unrepresented; procedures for misdemeanor warrants issued without the involvement of prosecutors or law-enforcement agencies, and others.

Most of the topics taken up originate with VCJC members, but the Conference has also been asked by the General Assembly and the Office of the Executive Secretary of the Supreme Court to make recommendations on specific legislative and rule-making proposals.

Each VCJC legislative proposal represents a substantial consensus among Conference members on the specific topic addressed, but the study and discussion of issues where such a consensus is unlikely can also help all parties to refine their positions and better delineate the issues. One such issue is Virginia's response to the Melendez-Diaz decision, which has been discussed among VCJC members and will be monitored and studied for the near future. Philosophical differences will remain, but the scrutiny of pertinent proposals by prosecutors, defenders, judges, clerks and scholars has already helped all concerned to better understand the areas of disagreement.

The Virginia Criminal Justice Conference is supported by financial and operational support from VTLA, registration fees for the annual meeting, and voluntary contributions from a majority of the Conference members. If you would like to help support this valuable undertaking, please contact VTLA at

Virginia Trial Lawyers Association, 700 East Main St., Suite 1400, Richmond, VA 23219
Phone 804.343.1143 | Fax 804.343.7124 | E-mail |

To ensure delivery of VTLA's Law Letter Online, please add '' to your email address book. If you are still having problems receiving our newsletter, see our whitelisting page for more details: