Author Archives: Dick Hall-Sizemore

Competition for Schools

Sen. Mark Peake (R-Lynchburg)

by Dick Hall-Sizemore

One of the good bills introduced in the General Assembly this year would bring a measure of competition in public schools. Put in by Sen. Mark Peake (R-Lynchburg), SB 552 would require school districts to allow students to attend any school in the district. Currently, districts are allowed to adopt such open enrollment policies, but are not required to do so. Typically, students must attend the school within the attendance zone where they live.

The legislation would enable an elementary school student in the eastern part of Henrico County, for example, where the reading scores in schools are very low, to attend an elementary school in the western part of the county, which has schools with high reading scores. If the requests for “nonresident” students to attend a particular school exceed that school’s enrollment capacity, a lottery would be used to decide which nonresident students got to attend that school.

The legislation directs the State Board of Education to develop model policies and guidelines to implement the legislation. Under the provisions of the legislation as introduced, the Board would have to act quickly. The bill requires the policies and guidelines to be adopted by August 1, 2024, to enable the open enrollment process to be in effect for the next school year, 2024-2025. Continue reading

Richmond Shoots Itself in the Foot–Again

Keith Balmer, Richmond City General Registrar, Photo credit: Richmond Free Press

by Dick Hall-Sizemore

It never ceases to amaze me how the City of Richmond seems unable to accomplish even the most basic functions of government right.

The latest snafu occurred in the office of the General Registrar. A fourth of the voters requesting absentee ballots for the upcoming Democratic presidential primary election received outdated instructions. The instructions, dated 2021, said that absentee voters need to include a witness signature. Legislation enacted by the 2023 General Assembly eliminated that requirement.

That might be excused as a simple oversight involving a recent change in the statutory requirements. Except, this is the second time that it has happened.  Last fall, some Richmond voters got the same wrong instructions with their absentee ballots.

General Registrar Keith Balmer blamed the office’s vendor for the mistakes.

This is simple, basic stuff that should not happen, especially twice within a few months. Continue reading

The Monster at the End of the Book

by Dick Hall-Sizemore

We have created a monster. The genie is out of the bottle. Whatever metaphor you want to use, there is no going back and the way forward poses great dangers. The monster or genie is AI.

The media are full of the promising possibilities of AI improving our lives—great leaps in medicine, science, technology, manufacturing, etc. There is less discussion of the effects of having leaders in business and government, as well as the bureaucrats in those spheres, who are incapable of composing a coherent paragraph on their own due to their reliance on ChatGPT through high school and college.

What really concerns me is the potential of AI for politics; elections in particular. Candidates, or, more likely, sympathetic groups, could release recordings having opposing candidates seeming to say what they did not say. For example, residents of New Hampshire recently received a robocall with what sounded like the voice of Joe Biden urging them to skip the primary election there.

For the upcoming election, think of the effect of a video surfacing that showed Trump doing what the Steele dossier alleged he did in Russia. There is no doubt this is possible. After all, last fall, a group of teenage boys in New Jersey, being teenage boys, circulated pictures of girls in their classes with nude bodies (not theirs). Experts say that all it takes is an iPhone and easily accessible AI software.

I have been mulling all this over for a while. It turns out that I was not thinking broadly enough. In addition to being a possible weapon, the existence of AI provides politicians “plausible deniability,” as one expert explained. FOX News recently ran an ad comprised of well-documented gaffes of Trump. He responded, “The perverts and losers at the failed and once disbanded Lincoln Project, and others, are using A.I. (Artificial Intelligence) in their Fake television commercials in order to make me look as bad and pathetic as Crooked Joe Biden, not an easy thing to do.”

I should not have been surprised at this response. After all, this is a man who insists, in the face of mountains of evidence to the contrary, that the 2020 election was stolen. And millions of people accept his version. I expect that, at some point in the upcoming year, Trump or some group allied with him, will be claiming that all the footage showing the January 6 attack on the Capitol was AI-generated.

It used to be said, “Seeing is believing.” That is no longer true. We are entering a world in which we will not know what to believe. We will not know whether to believe that what we see, pictures, video, film, etc., is real or AI-generated. Truth will become elusive. Or, perhaps truth and reality will cease to exist as objective concepts and become whatever one defines it to be at that moment.

A Doggone Tale

State Sen. Tammy Mulchi (R-Mecklenburg)    Photo credit: Mecklenburg Sun

by Dick Hall-Sizemore

A recent special election in Southside Virginia is a stark illustration of  how a small special interest group can exercise out-sized power.

In mid-December, long-time state Sen. Frank Ruff (R-Mecklenburg), announced he was resigning from the Senate, shortly after having been re-elected to a seventh term.  He had received a diagnosis of cancer in October and was facing a strict regimen of treatment.  Gov. Glenn Youngkin set Jan. 9 as the date for a special election to fill the seat.

Ruff’s announcement caught most people by surprise.  According to the reporting of David Poole in the Mecklenburg Sun , two people who were not surprised by the announcement were Tammy Mulchi, Ruff’s legislative aide, whom he endorsed in his resignation announcement, and Kirby Burch, the leader of the Virginia Hunting Dog Alliance.  Both got advance notice from Ruff of his impending resignation announcement. Continue reading

It’s a Different House Courts

Del. Vivian Watts (D-Fairfax), chair, Subcommittee on Criminal Laws

by Dick Hall-Sizemore

Long-time observers can attest to the significant changes that have occurred in the legislature over the decades. Perhaps nowhere are these changes more evident than with the House Courts of Justice Committee and its Subcommittee on Criminal Law.

This committee and its criminal law subcommittee had a reputation as being tough, and many legislators, especially non-lawyers, dreaded appearing before them. Its members were some of the most senior members of the House and most were experienced trial lawyers. It was a rowdy and colorful group. The committee handled more legislation than any other committee.

For many years, the legendary A.L. Philpott (D-Henry), widely acknowledged as having the deepest knowledge of criminal law of any legislator, reigned over the committee and subcommittee. During most of the current century, Rob Bell (R-Albemarle), another delegate with extensive experience with criminal law, chaired the subcommittee and then the full committee.

The committee and subcommittee had the reputation of being hard-nosed about criminal law. However, being experienced trial lawyers, most members were cognizant of the possibility of proposed legislation having unintended consequences if not worded precisely. Therefore, they would often go over bills line by line to ensure that the meaning of the proposed language was clear. Continue reading

Still Acting Like a Rookie

by Dick Hall-Sizemore

Governor Glenn Youngkin does not seem to be a fast learner. He seems to think he is still at the Carlyle Group where the top brass announced deals and the rest of the organization fell in line. That’s not how it works with a bicameral legislature, especially when your party is in the minority in both houses.

About a month ago, the governor announced, with much fanfare, a plan to bring the Washington Wizards and Washington Capitals to Potomac Yard in Alexandria. It would be a $1.5 billion deal involving the construction of a sports arena and supporting facilities. A new sport and entertainment authority would oversee the project, including issuing bonds to fund it. The General Assembly would need to approve the legislation creating the authority.

The General Assembly has convened and the members have questions about this deal. However, as reported by the Washington Post, the administration has few answers. It does not have the bill language ready for the members to review. Even more basic, at the end of last week, it did not have a patron for the legislation lined up. Delegate Luke Torian (D-Prince William), chairman of the House Appropriations Committee said that the administration had asked him to carry the bill in the House, but he was still waiting to see the bill. “I hope to have an opportunity to see it over the course of the weekend,” he said. Continue reading

A Nice Story Turns Out Not to be Such a Nice Story After All

Mary Jane Burton

by Dick Hall-Sizemore

A recent podcast produced by VPM, Richmond’s public radio station, is both fascinating and disheartening. Admissible: Shreds of Evidence deals with the early days of the use of DNA as forensic evidence. In particular, it is the story of Mary Jane Burton, a long-time serologist for what is now called the Department of Forensic Science (DFS).

It may come as a shock to some of this blog’s readers, but, in the 1990’s, Virginia was a national leader in the use of DNA for solving crimes. In 1989, the Virginia Supreme Court ruled that DNA could be used as evidence in trials. The 2001 General Assembly enacted legislation to allow offenders to request testing of any biological evidence that had been collected during the investigations of the offenses for which they had been convicted before the techniques for DNA testing had been developed.

Three people submitted requests in 2001 to test any DNA evidence in their cases. The first case taken up by DFS was that of Marvin Anderson, who had been convicted of rape in 1982 and sentenced to 20 years in prison. Although he had been on parole for several years by 2001, he was anxious to clear his name, if possible.  In looking through his file, the DFS director discovered the tip of a cotton swab taped to a page of the report. Including the evidence in the file in that manner was against the protocols of the agency. When the DNA of the fluid on the swab was tested, it ruled out Anderson as the perpetrator. The other two offenders who had requested testing of evidence in their files were similarly exonerated. Continue reading

A Modest Suggestion

by Dick Hall-Sizemore

Gov. Glenn Youngkin has taken a tough stance toward the Chinese. He has prohibited state agencies from using the TikTok platform. He wants to ban the use of TikTok by Virginia residents under 18. He championed legislation prohibiting the sale of Virginia farmland to Chinese buyers. Finally, he scuttled the location of a major electric car battery factory in Southside Virginia because one of the owners was a Chinese company.

The Governor is correct in his concern about the Chinese government. That country poses a major threat to the United States. But let’s be honest — none of those actions will have any effect at all on the Chinese government.

If the governor wants to go beyond political grandstanding and issuing toothless edicts, he could take the next step: prohibit state agencies from purchasing anything made or assembled in China. The large appetite of American consumers over recent decades for products made in China was undoubtedly a major factor in the growth of its economy and power.

Granted, the loss of the Virginia government agency market may not be much more than a drop in the ocean of the Chinese economy. However, it would be a substantive step by the governor. He could also use his “bully pulpit” to encourage Virginia citizens and businesses to avoid buying and selling products made in China. Constitutionally, that is as far as he could go, but these steps would put some substance behind his calls of concern.

There’s Gold in Them Thar Hills!

by Dick Hall-Sizemore

As staff members of the General Assembly start looking to “find” money in Gov. Youngkin’s proposed budget bill that can be used to fund priorities of their committee members (and they will be looking—that is a major part of their jobs during the Session), a good place to look would be capital maintenance reserve. There is at least $200 million in that budget item that could be taken without adversely affecting any of the agencies involved.

As defined by the Dept. of Planning and Budget (DPB) in its reporting instructions to agencies, a maintenance reserve (MR) project is “a major repair or replacement to plant, property, or equipment that is intended to extend its useful life.” A typical MR project would be repair or replacement of built-in equipment such as in HVAC systems; repair or replacement of building or plant components such as roofs or windows; and repair of existing utility systems such as steam lines or water systems.

The cost for an MR project must exceed $25,000 but be no more than $2.0 million for a non-roof replacement project and no more than $4.0 million for a roof replacement. DPB may grant exceptions to these dollar amounts and agencies must submit annual reports to DPB on MR expenditures. Continue reading

The Fighting Editor

Alexander, Ann Field. Race Man:  The Rise and Fall of the “Fighting Editor” John Mitchell Jr., University of Virginia Press, 2002

Review by Dick Hall-Sizemore

John Mitchell, Jr. was a major figure in Richmond and Virginia public affairs in the late 19th and early 20th centuries. Over the course of this career, he was a nationally known newspaper editor, a member of Richmond City Council, president of a bank, and a gubernatorial candidate.

In her well-researched biography, Ann Alexander tells Mitchell’s story in fascinating detail. In the course of following the life of Mitchell, the book provides insight into the political and social lives of middle-class Blacks in Richmond’s Jackson Ward in the late 19th century. There is also a discussion of the effects of the Readjuster movement and the subsequent defeat of the Readjusters and rise of the Democratic party in the city and state.

John Mitchell, Jr., the child of slaves, was born July 11, 1863, at Laburnum, an estate in Henrico County on the outskirts of Richmond. His parents were house servants of James Lyons, a prominent Richmond attorney. After Laburnum burned to the ground less than a year after Mitchell’s birth (the result of suspected arson by a disgruntled slave), the Lyons family eventually relocated to one of Richmond’s finest houses, a Greek Revival mansion on Grace Street near Capitol Square. Continue reading

Showdown in Hill City

Stephanie Reed, Mayor, City of Lynchburg Photo credit: Lynchburg City Council

by Dick Hall-Sizemore

The members of the Lynchburg City Council have been embroiled in fighting among themselves for the past year. At the close of the year, the council took the unprecedented step of censuring one of its members.

Because of the dearth of the coverage of local government by today’s media, not much news of those goings-on has filtered to the eastern portion of the Commonwealth. Fortunately, we have Cardinal News, along with The News & Advance, to chronicle these events. Using FOIA requests, Cardinal News was able to use e-mails and phone conversations among the members to report and comment extensively on the situation.

Marty MIsjuns, member of Lynchburg City Council. Photo credit: Lynchburg City Council

The main characters in this drama have been Stephanie Reed, the mayor, and Marty Misjuns, at-large member of city council.

Before getting into the current controversy, a little prologue will help shed some light on the situation. In January 2021, Misjuns was a captain in the city fire department and the Ward I chair of the Lynchburg Republican City Committee. That month, he posted on his Facebook page political cartoons that included “caricaturized illustrations of transgender women.” In October 2021, the Lynchburg Fire Department fired him. His Facebook page identified him as a “public figure” due to his party position. Misjuns sued the city claiming wrongful termination, violation of equal protection, conspiracy, municipal liability, violation of First Amendment freedom of speech rights, and violation of First Amendment freedom of religion rights. In April 2023, a federal judge dismissed all the claims except for the First Amendment claims. Those claims were allowed to proceed to the discovery phase. Misjuns appealed the dismissal of the other claims to the Fourth Circuit Court of Appeals. The trial for the upheld claims is set for mid-March of 2024. No date has been listed for the appeals to be heard. Continue reading

An Obstructionist Rises to the Top

Rep. Bob Good (5th District)

by Dick Hall-Sizemore

Amid all the other topics being discussed and debated on Bacon’s Rebellion, we have neglected to note that the Commonwealth has recently picked up a dubious distinction. It is now the home of the chair of the House Freedom Caucus — Rep. Bob Good (R–5th District).

His selection was not cheered by all conservatives. Those supporting Donald Trump’s presidential bid are upset that Good is backing Florida Gov. Ron DeSantis. State Senator-elect John McGuire (R-Goochland) announced soon after the November elections that he would challenge Good in the Republican primary in the spring. “I’m running for Congress against ‘Never Trump’ politician Bob Good,” he declared. Continue reading

Another Murderer Released On Parole!

Elbert Smith, second from right, and family.

by Dick Hall-Sizemore

The Parole Board just released a convicted murderer. Yes, this Parole Board. The one that Glenn Youngkin appointed to crack down on the release of all those violent criminals. And not a peep out of Kerry Dougherty or Hans Bader, who ordinarily go on a rant when a convicted murderer is released on parole.

The circumstances surrounding this offender, Elbert Smith, certainly justified his release on parole. He did not fire the fatal shots that resulted in a man’s death. The man who did fire the shots accepted a plea deal — voluntary manslaughter and a sentence of five years. Smith, acting on the advice of his court-appointed attorney, refused the deal. A jury convicted him of second- degree murder and imposed a sentence of 44 years. Convicted in 1996, he had served 27 years in prison. During that time, he had had only one serious infraction. During the last ten years, his record had been clean. The warden in the prison in which he was being held did not recognize his name when asked about him. Continue reading

Let’s Make a Deal

Sen. Louis Lucas (D-Portsmouth)

by Dick Hall-Sizemore

Gov. Glenn Youngkin earned his spurs (and his money) making deals in the private sector. He came into the governorship with no political experience. During his first two years in office, he showed little inclination to compromise or make deals. He bet big this fall on coming out of the November elections with Republican majorities in both houses of the General Assembly. He lost, big time.

Now there is something that he wants; something that would be a feather in his cap: engineering the move of two major-league sports teams, the NBA Washington Wizards and the NHL Washington Caps, to Virginia.

His major obstacle is a General Assembly controlled by Democrats, whom he spent all fall trying to defeat. To get what he wants, he is going to have to be willing to make deals. How good a deal maker will he be in the political realm?

At least one legislator has signaled her willingness to deal. Sen. Louise Lucas (D-Portsmouth), the incoming chair of the Senate Finance and Appropriations Committee recently observed, “While some people want sports stadiums … I want tolls to disappear from Hampton Roads and I want recreational sale of marijuana. Guess we will have to find compromises this session.” Want to make a deal, Governor?

Subsidizing a Billionaire

Ted Leonsis, owner of the Washington Wizards and Washington Capitals; Gov. Youngkin on left. Photo credit: Virginia Business

by Dick Hall-Sizemore

If approved by the General Assembly and the City of Alexandria, the deal reached between Gov. Glenn Youngkin and the owner of the Washington Wizards and the Washington Capitals for those teams to move from Washington, D.C. to the Potomac Yards site in Alexandria would constitute the largest public subsidy for a sports team in the nation’s history.  That is the conclusion of a report by JP Morgan commissioned by the state, a copy of which was obtained by The Washington Post.

The total estimated cost of the project is $2.2 billion.  The owner of the sports teams, Monumental Sports and Entertainment would contribute $403 million up front.  The City of Alexandria would be on the hook for $106 million.

The state would create a sports and entertainment authority which would own the land and the buildings and lease them to Monumental. The company would sign a 40-year lease with rent beginning at $29.5 million annually and increasing to $34.5 million.  In addition to the arena for the two sports teams, the project would include a concert hall, underground parking, a conference center, a Wizards practice center, and Monumental’s  corporate offices and media station. Continue reading