OLD DOMINION BAR ASSOCIATION
"Virginia's Advocates for Equal Justice"
"Virginia's Advocates for Equal Justice"
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NEWS AND EVENTS
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August 2008
GOVERNOR KAINE FILLS JUDGESHIPS
Gov. Timothy M. Kaine has elevated Court of Appeals Judge Leroy F. Millette, Jr. to the Virginia Supreme Court to fill the
vacancy created when Justice G. Steven Agee was tapped to fill a vacancy on the United States Court of Appeals for
the Fourth Circuit. He named Chesterfield Circuit Court Judge Cleo F. Powell to succeed Millette on the Virginia Court
of Appeals. The governor appointed Richmond lawyer James C. Dimitri to fill the vacancy on the State Corporation
Commission created by the retirement of Commissioner Theodore V. Morrison, Jr. Gov. Kaine’s appointments must
be endorsed by the legislature.
Judge Powell will be the second African-American to serve on the Virginia Court of Appeals since its creation in 1985.
The first was Hon. James W. Benton, Jr., who retired October 1, 2007.
FORMER ODBA PRESIDENT DIES
Charles M. L. “Chuck” Mangum suffered a heart attack and passed away on August 9, 2008. A former President of Old
Dominion Bar Association, he practiced law in Lynchburg for many years, where he also served as president of the
Lynchburg chapter and the Virginia State chapter of the NAACP. He was also the owner and publisher of the
Piedmont Area Journal and a past president of the Gamma Nu Lamba Chapter of Alpha Phi Alpha fraternity. A funeral
service will be held at 2:30 p.m. Aug. 14, 2008, at Calvary Presbyterian Church, 500 S. Green St., Statesville, N.C.
ODBA PRESIDENT ATTENDS JUDICIAL CONFERENCE
President Beverly A. Burton attended the Mandatory District Court Judicial Conference as a guest of the Virginia
Supreme Court. The conference was held at the Cavalier Hotel in Virginia Beach August 10-13, 2008.
July 2008
PILOT TO SERVE ON VSB’S DIVERSITY TASK FORCE
ODBA Executive Committee member Todd Pilot has been appointed to serve on the Virginia State Bar’s Diversity Task
Force. Pilot will serve on a 15-member task force VSB President Manuel A. Capsalis formed to serve under the
leadership of Joseph A. Condo, a former VSB president, for the purpose of developing ways to encourage more
minority participation in the Virginia State Bar and in the legal profession.
HELIVI HOLLAND ATTENDS CONCLAVE
The Public Protection Task Force held its first Conclave on July 10, 2008, as a part of the Virginia State Bar Annual
Disciplinary Conference at the Renaissance Portsmouth Hotel and Waterfront Conference Center in Portsmouth. The
Conclave included members of the Public Protection Task Force and several other standing committees and entities
of the Virginia State Bar. In October 2007 Bar Council rejected a Task Force proposal that the bar seek legislation to
require insurers to notify third-party claimants or judgment creditors of insurance settlement payments. The issue
resurfaced after an attorney’s theft of $3.7 million from client personal injury settlements became public knowledge.
Manuel A. Capsalis, President of the Virginia State Bar, has asked the Public Protection Task Force to continue to
“search for ways to best fulfill the core regulatory mission of the Bar, namely protection of the public.” The next task
force meeting will be in August or September.
ODBA PRESIDENT ATTENDS DEDICATION OF CIVIL RIGHTS MEMORIAL
A memorial on the grounds of the state capitol to recognize and celebrate Barbara Johns, her fellow students from
Robert Russa Moton High School in Prince Edward County, their parents, community leaders and civil rights attorneys
who risked everything in the struggle to gain full and equal rights for all was unveiled and dedicated in a ceremony at
the Capitol on July 21, 2008. President Beverly A. Burton attended the dedication ceremony. The memorial features
prominently statues of ODBA founder Oliver W. Hill and Spottswood Robinson, legal heroes of the civil rights
movement. Photos of the memorial are available at http://flickr.com/photos/civilrightsmemorial.
HELIVI HOLAND TO SERVE ON PANDEMIC FLU PREPAREDNESS PLANNING COMMITTEE
The Virginia Supreme Court is forming a planning committee to address measures to ensure the smooth operation of
Virginia’s legal system during a catastrophic flu outbreak. ODBA Executive Committee member and Treasurer Helivi
Holland will serve on this Supreme Court Committee.
June 2008
ODBA PRESIDENT ATTENDS VIRGINIA STATE BAR MEETING
President Beverly A. Burton attended the Virginia State Bar’s 2008 Annual Meeting at the Cavalier Hotel in Virginia
Beach, which was held June 19-21, 2008. Manuel A. Capsalis of Arlington was sworn in as President at the Annual
Meeting and expressed his commitment to pursuing diversity in his inaugural speech: “For our legal profession and
our judiciary to be properly responsive to the needs of society, we must be more reflective of the demographics of
society.”
ODBA PRESIDENT ATTENDS SUPREME COURT BAR LEADERS LUNCHEON
President Beverly A. Burton attended Chief Justice Leroy Hassell’s meeting with the leadership of statewide bar
associations at the Virginia Supreme Court on June 17, 2008. Of particular note was the concern that attorneys
appointed to represent indigent defendants in criminal cases were not taking advantage of statutory fee cap waivers.
Detailed information on statutory fee cap waivers, as well as the proper form to request the waivers, is available on
the Virginia Supreme Court’s website.
ODBA PRESIDENT MEETS WITH SOUTH HAMPTON ROADS BAR ASSOCIATION
While attending the Virginia State Bar Annual Meeting in Virginia Beach, President Beverly A. Burton arranged to meet
with members of the South Hampton Roads Bar Association in Norfolk on June 19, 2008. President Burton urged the
attendees to join the ODBA and to participate in bar activities. She particularly emphasized the need to form a local
committee in the Tidewater area to work with the Lawyers Committee For Civil Rights Under Law in its Election
Protection program to address voting irregularities in the area. ODBA is participating in the LCCRUL program as an
affiliate of the National Bar Association.
PILOT APPOINTED TO VSB DIVERSITY TASK FORCE
Executive Committee member Todd Pilot, Esq. has been appointed to serve on the Virginia State Bar's Diversity Task
Force. Attorney Pilot practices intellectual property law in Alexandria with the Trademark Institute.
ODBA PRESIDENT DISCUSSES VISION IN RICHMOND FREE PRESS
President Beverly A. Burton was recently spotlighted in the June 19-21, 2008 issue of the Richmond Free Press. She
was featured as the issue's "Personality" and spoke of the Old Dominion Bar Association's mission and activities.
Click here to read the Richmond Free Press article.
VINCERETTA CHILES APPOINTED TO VIRGINIA SUPREME COURT COMMITTEE
Old Dominion Bar Association Executive Committee member Vinceretta Chiles has been appointed to serve on the
Virginia Supreme Court's E-filing Advisory Committee. Attorney Chiles is in private practice in Richmond, Virginia.
HELIVI HOLLAND APPOINTED TO VSB PUBLIC PROTECTION TASK FORCE
Old Dominion Bar Association Treasurer, Helivi Holland has been appointed to serve on the Virginia State Bar’s Public
Protection Task Force, which will be studying the question of “payee notification”, that is, whether insurance
companies should be required to notify tort plaintiffs that settlement checks have been sent to their attorneys. The
issue surfaced because of recently discovered abuses by attorneys entrusted with settlement funds. A Public
Protection conclave will be held in Portsmouth on July 10, 2008 to consider the issue.
NOLAN DAWKINS SWORN IN
Alexandria Juvenile and Domestic Relations District Court Judge Nolan Dawkins was sworn in on June 12, 1008 as a
judge of the Alexandria Circuit Court. Judge Dawkins is the first African-American to sit on the Circuit Court bench in
Alexandria . He was not selected in 2004 for the then-vacant seat on the court when his nomination fell victim to
partisan squabbling in the Virginia General Assembly. Judge Dawkins is a long-time member of Old Dominion Bar
Association. Please visit this link for more information on Judge Dawkins and his investiture: http://www.
connectionnewspapers.com/article.asp?article=316167&paper=59&cat=104
ODBA ENDORSES RULES OF PROFESSIONALISM
In 2006 the Virginia Bar Association established a blue-ribbon Commission on Professionalism chaired by legal ethics
authority, Thomas E. Spahn, a partner at McGuireWoods LLP in McLean. The Commission has developed a set of
aspirational principles of lawyer professionalism for submission to the Virginia Supreme Court. All statewide bar
associations and judges from each level of courts is represented on the Commission. Old Dominion Bar Association
has endorsed the Rules of Professionalism. Executive Committee member Reginald Barley is a member of the
Commission.
SENTENCING DISPARITY VICTORY
In a 7-2 ruling, the United States Supreme Court upheld the exercise of judicial discretion to give shorter prison
sentences for crack cocaine crimes in order to lessen the disparity with sentences for crimes involving powder
cocaine. The ruling came in Kimbrough v. United States. Kimbrough had pled guilty to a crack cocaine charge, and
federal sentencing guidelines called for a 19- to 22.5-year sentence. Judge Raymond Jackson instead imposed a 15-
year sentence, citing the case as “another example of how crack-cocaine guidelines are driving the offense level to a
point higher than is necessary to do justice.” After initially being reversed by the United States Court of Appeals for
the Fourth Circuit, the sentence Judge Jackson imposed was upheld as appropriate. Judge Jackson is a judge of the
United States District Court’s Norfolk Division and a former Old Dominion Bar Association President. He received the L.
Douglas Wilder Vanguard Award at the 2008 Annual Meeting in recognition of his contribution to the quest for equal
justice.
To read a CNN news article about Judge Jackson and the case, click here.
http://www.cnn.com/2007/US/law/12/10/scotus.crack.cocaine
To read more about the Kimbrough case, click here.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=06-6330
May 2008
ODBA HOSTED 68th ANNUAL MEETING AT THE SHERATON HOTEL WEST IN RICHMOND
The Old Dominion Bar Association hosted its 68th Annual Meeting at the Sheraton Hotel West in Richmond May 29
through June 1, 2008. The meeting began Thursday evening with a well-attended wine and cheese reception honoring
government attorneys at the Black History and Cultural Center in historic Jackson Ward. The Honorable L. Douglas
Wilder, Mayor of the City of Richmond, was the President’s Luncheon speaker on Friday, and Hon. James W. Benton,
recently retired judge of the Virginia Court of Appeals, addressed conference participants at the Judicial Luncheon on
Saturday. Following the luncheon, judges in attendance donned their robes for a group picture. During the luncheon
Judge Benton was presented with a plaque and will receive a framed copy of the group photograph, as well.
President of the American Judges Association, Hon. Eileen A. Olds, a judge of the Chesapeake Juvenile and Domestic
Relations District Court, was the Annual Banquet speaker Saturday evening. Members and guests were treated to live
jazz at the pre-banquet reception and during the Annual Banquet. Dais guests included Senator Henry L. Marsh and
Senator Yvonne Miller, both of whom received the Harold Marsh Sr. Community Service Award, which recognized their
leadership and legislative initiatives to improve the legal system.
Retired Judge Gammiel Poindexter received the Association’s Lifetime Achievement Award in recognition of her
outstanding service to the bench, bar and public. Federal judge Raymond Jackson received the L. Douglas Wilder
Vanguard Award as did Chidi James, Esq. Judge Jackson’s award recognized his outstanding achievement in
exercising judicial discretion when applying federal sentencing guidelines in crack cocaine cases, which was recently
upheld by the United States Supreme Court. Attorney James’ award recognized his outstanding leadership as a
member and officer of Northern Virginia Black Attorneys Association. Leonard L. Brown, Jr. received the ODBA
Member of the Year Award in recognition of his substantial contributions and personal sacrifice as a former President
and Executive Committee member, and outgoing President S. Howard Woodson III received the Association’s
Distinguished Service Award in recognition of his devoted and dedicated service as President.
For relaxation and fun, conference participants were treated to complimentary hot stone massages and were given
the opportunity to compete in two competitive events. The Bid Whist Tournament winning team was Bobby Stafford
and Gammiel Poindexter. Members of the winning Golf Tournament foursome were Joyce Newsome, Judge Angela
Roberts, Vincent Robertson, and Mario Reynolds.
The conference ended with a Sunday Brunch and inspirational words from speaker Barbara Arnwine, Executive
Director of Lawyers Committee for Civil Rights Under Law, who spoke passionately of the need for continued
involvement with voting rights issues.
To view photos of the event, click here.
MARJORIE ARRINGTON SWORN IN
Former Norfolk Deputy Commonwealth ’s Attorney Marjorie Arrington was sworn in as a judge of the Chesapeake
Circuit Court on May 9, 2008. Judge Arrington succeeds Bernard Goodwyn who was recently elevated to serve as a
justice of the Virginia Supreme Court.
MARILYNN GOSS SWORN IN
Former Old Dominion Bar Association President and Executive Committee member Marilynn Goss Thornton was
sworn in as a judge of the Richmond Juvenile and Domestic Relations District Court on May 16, 2008. Judge Goss was
urrounded by family and friends as Richmond Chief Circuit Court Judge Pete Stout administered the oath of office.
Prior to her appointment, Judge Goss was managing attorney of Central Virginia Legal Aid Society, Inc.
April 2008
THE GENERAL ASSEMBLY APPOINTS THREE AFRICAN-AMERICANS TO JUDGESHIPS
On Wednesday April 23, 2008, the General Assembly appointed three African-Americans to judgeships. With his
elevation to the Alexandria Circuit Court bench, Nolan D. Dawkins, Chief Judge of the Alexandria Juvenile and
Domestic Relations Court, became the first African American to serve on the Alexandria Circuit Court. Judge
Dawkins, a native of Alexandria, served on the Juvenile and Domestic Relations Court for fourteen years and is a long
time member of Old Dominion Bar Association. Richmond attorney Marilynn C. Goss, Managing Attorney at Central
Virginia Legal Aid Society, Inc. and a substitute judge, was appointed to serve on the Richmond Juvenile and Domestic
Relations Court. A graduate of the T. C. Williams School of Law in Richmond, Judge Goss practiced the full range of
poverty law for twenty-five years. She is a long time member and former president of Old Dominion Bar Association.
Marjorie A. Arrington, Norfolk Deputy Commonwealth’s Attorney since 2001, was appointed to serve on the
Chesapeake Circuit Court. Judge Arrington, a graduate of the Walter F. George School of Law in Macon, Georgia,
began her legal career as an attorney for Tidewater Legal Aid Society. Before joining the Norfolk Commonwealth’s
Attorney Office, she was a prosecutor in Portsmouth and Suffolk.
Judge John W. Scott, Jr., 59, died unexpectedly on April 16, 2008, as he was leaving Johns Hopkins Hospital after eye
surgery. A Circuit Court judge since 1989, Judge Scott sat primarily in Fredericksburg, Virginia. He became the first
African-American judge in the area when he was appointed to the Stafford County General District Court Bench. He
was a graduate of the University of Virginia School of Law and worked for the NAACP Legal Defense Fund before
joining Hill, Tucker & Marsh, the Richmond law firm renowned for its civil rights work. Judge Scott, a long-time
member of the Old Dominion Bar Association, is survived by his wife, Alda White, Esq., and three sons. A memorial
service wasl held for Judge Scott on Saturday, April 26, 2008 at James Monroe High School in Fredericksburg,
Virginia. Judge Scott is a former President of the Old Dominion Bar Association.
March 2008
David Baugh Appointed as Capital Defender
On March 1, 2008 renowned defense attorney David P. Baugh, Esq. replaced John B. Boatright III as the capital
defender for the Central Virginia office of the Indigent Defense Commission. Baugh, a former Assistant United States
Attorney for the Eastern District of Texas and the Eastern District of Virginia, received the Virginia State Bar’s Lewis F.
Powell Jr. Pro Bono Award in 2006. The American Bar Association named him “Human Rights Hero” in 2006, as well.
During his career Baugh has represented unpopular defendants, including a terrorist and a Ku Klux Klan member.
Attorney Baugh is a member of the Old Dominion Bar Association.
January 2008
Old Dominion Bar Association Winter Meeting Held at T. C. Williams School of Law
On January 26, 2008, The Old Dominion Bar Association held its Winter Meeting at the University of Richmond’s T.C.
Williams School of Law. Presenters were Charlotte Peoples Hodges, Esq., former Assistant Bar Counsel with the
Virginia State Bar; Henry McLaughlin Esq., Executive Director of Central Virginia Legal Aid Society, Inc., and Charles
Lewis, Esq., a former federal public defender, of HicksTymas LLC. The guest speaker was criminal defense attorney
David P. Baugh, Esq., who spoke of the Constitution and challenged his listeners to consider whether they were
Americans or African-Americans. The attendees enjoyed refreshments at a reception following the meeting.
Retired Judge James Madison Walton, Sr. Dies
James M. Walton, a retired judge, passed away on January 15, 2008. He was 81 years-old. A funeral service was held
on January 22, 2008 at The Historic First Baptist Church in Norfolk, Virginia. Judge Walker retired from the Cook
County, Illinois bench in 1986. After relocating to Virginia, he established a law practice in Chesapeake, Virginia, and
was a supporter and member of the Old Dominion Bar Association. He is survived by his wife, Jean B. Walton and four
children.
Old Dominion Bar Association Held Annual Winter Meeting
On January 26, 2008, The Old Dominion Bar Association held its 2008 Winter Meeting at the T.C. Williams
School of Law at the University of Richmond. Presenters included Charlotte Peoples Hodges, Esq., former Assistant
Bar Counsel with the Virginia State Bar; Henry McLaughlin Esq., Executive Director of Central Virginia Legal Aid
Society, Inc., and Charles Lewis, Esq., Counsel, HicksTymas LLC and former Federal Public Defender. This year's
guest speaker will be David P. Baugh, Esq., former Assistant United States Attorney for the Eastern District of Virginia
and the Eastern District of Texas. Mr. Baugh is the 2006 Recipient of the VSB Lewis F. Powell Jr. Pro Bono Award and
was named a “Human rights Hero” by the American Bar Association. To register, please download the following form:
UPCOMING EVENTS
2009 Winter Meeting
2009 Annual Meeting