
by Chap Petersen
We spend a lot of time complaining about public servants in today’s America. And, truthfully, a lot of elected officials are pretty worthless. But there are exceptions.
Last Friday, Judge Penney Azcarate presided over her final Motions Day docket as the Chief Judge of Fairfax County Circuit Court. She will be best remembered as the trial judge for the Johnny Depp defamation trial, but her career was a lot more than that.
Let’s start with another legend: James Riddel, the former Marine and Fairfax County cop nonpareil. In 2007, Riddel adopted me as the Democratic challenger for the State Senate. He knocked on every door in Vienna and single-handedly won me the police union’s endorsement. (Pretty much my only one that cycle). When I stood on the stage that night, he was right there beside me, along with my family. We were that close.
Jim Riddel asked for one thing: Make Penney Azcarate a judge. She had been an assistant Commonwealth’s Attorney, then briefly in private practice. Her main background had been as a Marine Corps JAG officer. Impressive.
Azcarate was an easy sell to the delegation. We nominated her to the GDC bench in 2008. She moved up fast. In 2012, she had been elected to the Circuit Court and quickly developed a reputation as a no-nonsense judge, who did not suffer fools. (And there were more than a few in the local Bar).
In the fall of 2020, Azcarate was elevated to Chief Judge, with the retirement of Bruce White. For the past six months, the Circuit Court had been mostly closed due to COVID19. Hearings were done by video. (A process ripe for abuse). Clients, staff and even judges were still refusing to show up in-person.
When I visited the new Chief judge, as a lawyer and Senator, my request was simple: Get this place back to normal. She did. Within weeks, attorneys and judges were back in Court. The “crisis” was put aside. Justice moved forward. It took a Marine to lay down the law; and, once she did, everybody adjusted very quickly.
Six years later, the Circuit Court is back to normal. Motions days move quickly. Pro se parties are heard. Cases, big and small, are still tried within a year of filing. (Don’t bother comparing with other jurisdictions – it’s too triggering). While the County economy has stagnated, the court system remains the envy of the DMV.
Leadership means making choices. Being decisive and trusting your own instincts. Penny Azcarate was not only a great judge; she exemplified public leadership.
Well done, Marine.
Chap Petersen, a former member of the House of Delegates, practices law in Northern Virginia. This column has been republished with permission from his newsletter The Virginia Attorney.

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