Author Archives: Dick Hall-Sizemore

Navy Helicopter Pilot Stands Up to MAGA Bullies

Virginia Rep. Jen Kiggans, (R-Second District)

by Dick Hall-Sizemore

Although I probably disagree with most of her policy stands, if I lived in her district, I would vote for Rep. Jen Kiggans (R-02) solely on the basis of her resistance to elevating Jim Jordan to Speaker of the House of Representatives. She not only voted against Jordan twice, but she supported the compromise proposal to expand the authority of the interim Speaker pro tempore. One of her Virginia Republican colleagues, Bob Good (Fifth District), firmly resisted that proposal because it would (gasp!) mean working with Democrats. Kiggans denounced “the chaos caused by the minority of the majority.”

Caveat: If she again ran against Elaine Luria, who served on the January 6 Commission, it would be an awfully tough choice. That area produces tough female politicians.

Making Mischief With Election Law Changes

Rep. Bob Good, Photo credit: Richmond Times Dispatch

by Dick Hall-Sizemore

Here is a recent tweak in election law that did not get a lot of public attention. Effective January 1, 2024, it will be almost impossible for a political party to use a convention to nominate a candidate for a Congressional district seat.  On its face the law still allows a political party of a district to determine how the nomination of candidate is made, but the 2021 change makes this stipulation:

A method of nomination shall not be selected if such method will have the practical effect of excluding participation in the nominating process by qualified voters who are otherwise eligible to participate in the nominating process under that political party’s rules but are unable to attend meetings because they are (i) a member of a uniformed service, as defined in § 24.2-452, on active duty; (ii) temporarily residing outside of the United States; (iii) a student attending a school or institution of higher education; (iv) a person with a disability; or (v) a person who has a communicable disease of public health threat as defined in § 32.1-48.06 or who may have come in contact with a person with such disease. However, such restriction shall not apply when selecting a candidate for a special election or nominating a candidate pursuant to § 24.2-539, or in the event that no candidate files the required paperwork by the deadline prescribed in § 24.2-522. Continue reading

Capitol Fortress

Virginia General Assembly Building (new)

by Dick Hall-Sizemore

With the opening of the new General Assembly Building this month came other reminders of how the world has changed.

It was not that long ago that staff and tourists could walk unimpeded into the Capitol building. One could drive into the circle beyond the gate fronting on Grace Street to pick someone up or drop off a passenger. One could drive on the street between Capitol Square and Old City Hall and even park there on weekends (so long as one did not park in Senate Clerk Susan Schar’s space).

First, it was the Capitol. Visitors without a State ID now have to trek down the hill and enter through an underground entrance and then walk back up several flights of stairs to get to the interior of the Capitol.

Now, the area has the look of a fortress. There is a large gatehouse at the Grace Street entrance along with a large iron gate. The street entrances off Broad St. have gates manned by Capitol Police.

This is not meant to be a criticism. It is a lamentation over the realities of the present era.

Capitol Square, main entrance fronting Grace St.

Capitol Square, street entrance off Broad St., next to General Assembly Building

Capitol Square, street exit onto Broad St.

Democrats for Crime Witnesses and Victims

by Dick Hall-Sizemore

For those readers of this blog who contend that Democrats and “progressive” prosecutors are fixated on not prosecuting violent criminals and ignoring the needs of witnesses and victims, I have some good news for you.

Witness Protection

Since 1994 Virginia has had a statute authorizing the Virginia State Police to establish a witness protection program. However, because it has never been specifically funded, it has been seldom, if ever, used. (Never mind that the Department of State Police had GF balances at the end of FY 2022 of $32 million and $10 million in FY 2021.)

In March 2021, Steve Descano, the Commonwealth’s attorney for Fairfax County and Ramin Fatehi, then the deputy Commonwealth’s attorney for Norfolk, published an op-ed in The Virginian-Pilot calling on the General Assembly to fully fund the Witness Protection Program. They pointed out the problems that police and prosecutors have in getting witnesses to come forward due to their being threatened or otherwise intimidated. “Witness protection programs — which provide for the security or relocation of witnesses away from those who might wish them harm — are among the most effective means of counteracting witness intimidation,” they contended. Continue reading

A Day in Court

Henrico County Courthouse

by Dick Hall-Sizemore

I spent some time today observing proceedings in Henrico County District Court. (No, I was not a defendant.) I recommend the experience to anyone interested in seeing how the criminal justice system works in real life.

District court is the venue for hearing traffic offenses and misdemeanors. It also hears more serious cases for probable cause to be sent to circuit court.

I sat in on two different courtrooms. The atmosphere in both was somewhat reminiscent of that depicted in the old TV series, Night Court. The Henrico judges, of course, were not as unorthodox as Judge Harry Anderson in that series nor were there the slapstick and irreverent humor prevalent there. However, there was an informal feeling with lots of friendly interaction among the defense attorneys, prosecutors, police, and judges. The judges were respectful and, sometimes, friendly toward the defendants, while at the same time admonishing them for their misdeeds. Continue reading

A Native Virginian Hero

Lt. Gen. Lewis B. Puller (USMC)

by Dick Hall-Sizemore

A family plot in the cemetery of a church in the Northern Neck completed in 1714 is the final resting place of a Virginia native who was one of the United States’ modern heroes.

A highway historic marker caught my eye this weekend while I was exploring the Northern Neck on my way back home from a conference in the Newport News area and I decided to visit the grave site of a man whom I had heard much about:  Marine Lt. Gen. Lewis B. “Chesty” Puller.

Puller was the most decorated Marine in the history of the Corps. He was awarded five Navy Crosses (second only to the Congressional Medal of Honor for the Navy), the only person to receive that many. In addition to the Navy Crosses, he was awarded the Army equivalent, the Distinguished Service Medal, as well as the Army Silver Medal. Along with those medals and other awards, he was awarded a Purple Heart for being wounded in battle. Continue reading

Integrity Should Go Both Ways

Susan Beals, Commissioner,
Va. Dept. of Elections

by Dick Hall-Sizemore

Governor Youngkin talks a lot about election integrity.  By that, he obviously means keeping people ineligible to vote from voting.  However, integrity cuts another way, as well.  It means allowing people who are eligible to vote the opportunity to vote.

The governor’s Department of Elections (Elections) seems not to worry too much about that second aspect of election integrity.  Last fall, due to a computer glitch, the agency discovered that it had not processed thousands of new voter registrations completed by the Department of Motor Vehicles and had to scramble to notify local registrars of the eligibility of those folks as early voting was underway.  This year, it is another group of registered voters who have been disenfranchised. Continue reading

The Fog of Political Campaigns

Del. Kim Taylor (R) Photo Credit: Richmond Times-Dispatch

by Dick Hall-Sizemore

During the campaign season, I often get so frustrated with the pronouncements of candidates that I wish I could publicly pose questions that they would have to answer. The most recent example comes from a story in today’s Richmond Times-Dispatch about the highly competitive House race in the Petersburg area.

The incumbent, Del. Kim Taylor (R) says she “wants harsher punishments for opioid dealers.” To be fair to the delegate, that is a common refrain among a lot of politicians. I have two questions:

  1. The type of opioids that are primarily abused are Schedule I or II drugs. The current statutory penalty for the distribution of Schedule I or II drugs is a sentence of five to 40 years. For the second conviction, the sentence range is five years to life, with a three-year mandatory minimum sentence. If the possibility of a 5 to 40-year sentence is not enough of a deterrent, what sentence would you propose?
  2. You have been in the legislature for two years. Why haven’t you introduced a bill to increase the sentence for opioid dealers?

The three top priorities of her Democratic opponent, Kimberly Adams, are

Kimberly Adams (D) Photo credit: Richmond Times-Dispatch

“building affordable housing, keeping the community safe from violence and preserving abortion rights.” Who could argue with building affordable housing and keeping the community safe from violence? The question I would ask is: What specific actions do you propose to accomplish these goals? As for abortion rights, she was specific on that. She supports the current law.

Data to Ponder

According to the websites of the State Compensation Board and the Department of Corrections, the starting salary for a correctional officer or deputy sheriff is $44,100.

Based on information submitted to the Department of Education by local school divisions, the starting salary for teachers in 34 school divisions in school year 2022-2023 was lower than $44,100.

Which Party?

by Dick Hall-Sizemore

I was at the Virginia State Fair this morning.

The state Republican Party has this “booth.” It is a good idea. I don’t know if the Democrats have one because I did not walk around the whole area. The Republicans have a good location—right next to the main Commonwealth Pavilion, where there is a lot of foot traffic and there are bathrooms.

I was struck by how many yard signs did not identify the candidate as a Republican. A few did say “Conservative” but left off any party affiliation.

I chatted with the nice guy who was manning the booth. He is chairman of the Westmoreland County Republican Party. He said that he, too, had noticed the lack of party identification on the yard signs. He said he did not understand it and had no explanation for it.

Of the scores of yard signs displayed, only four candidates were willing to admit they were Republicans.

DOE Response to Average Teacher Salary Issues

by Dick Hall-Sizemore

My article on average teacher salaries must have struck a nerve. This morning I received an answer to my inquiry from the Department of Education (DOE).

In short, DOE disavows any responsibility for the accuracy of the data in the report it submitted to the General Assembly.

The Office of Communications declares, “All data in the teacher salary survey report is based on data certified by school division superintendents. VDOE staff tries to identify as many of the variances as possible and obtain corrections from school divisions within the time-frame available each fall.” Continue reading

Doesn’t Anyone Read These Things To See If They Make Sense?

by Dick Hall-Sizemore

In preparing my recent article on tax cuts, I was going to include a section on the need for increases in teacher salaries. In researching the issue, I discovered that the Department of Education (DOE) submits to the General Assembly a survey of teacher salaries in Virginia.

I was delighted because that was exactly the type of data I needed. However, as I went through the numbers, I came to the conclusion that I could not use them. There were so many anomalies that I could not trust the numbers. Continue reading

Whose Water Is It?

The Rappahannock River. Photo credit: Va. Dept. of Conservation and Recreation

by Dick Hall-Sizemore

There are some issues that seem to be baked into public policy and, because they affect sensitive and important areas, tend to lead to controversies periodically.

Many years ago, one of the hottest controversies was the “inter-basin transfer of water.” Because Virginia is a “riparian rights” state, folks who live next to rivers can withdraw water from the river, but are not supposed to divert it to use by other people who do not live on the river. To do so would diminish the water available for those other riparian landowners. The Virginia Supreme Court in the 1942 case of Town of Purcellville v. Potts declared a per se prohibition against inter-basin transfer:

While a riparian owner is entitled to a reasonable use of the water, he has no right to divert it for use beyond his riparian land, and any such diversion and use is an infringement on the rights of the lower riparian proprietors who are thereby deprived of the flow. Such a diversion is an extraordinary and not a reasonable use.

The field of water law is a very complex one and that is as far as I am willing to dip my toe into it. Suffice it to say that inter-basin transfer of water is an important concept. For a more in-depth discussion, see here. Continue reading

A Case Against Further Tax Cuts

by Dick Hall-Sizemore

After more than a decade of state budget revenue shortfalls and concomitant budget cuts, one would think there would be smiles all round at the news of revenues coming in substantially above the projections, resulting in a healthy general fund surplus. Incongruously, that was not the case.

Republicans seemed to be outraged that the state brought in so much more money than was projected. There were calls to give it back to the taxpayers. It is somewhat curious that these are the folks who often demand that government be run like a business, yet there are no demands that large companies, such as big oil companies, for example, give refunds to their customers when they bring in record profits.

Governor Youngkin, not satisfied with large tax cuts in 2022, wants taxes cut even further. In July, citing the expectation of revenues exceeding the forecast (which was admittedly on the low side), he declared, “There’s no reason why we shouldn’t be able to have a substantial tax reduction.” In his address to the money committees in August, after citing the advances his administration had accomplished with the increased revenues and the challenges still ahead, he announced, “This is our moment to soar.” But, not too high, it would appear, because “we must provide substantial tax relief.” Continue reading

Transparency? Hah!

by Dick Hall-Sizemore

Maybe it was the weirdness of amending the biennial budget after Year 2 of the biennium had started.  Maybe all the money they had to spend made them dizzy. Maybe they were in a hurry because many of them were in the middle of re-election campaigns. Whatever the reason, the General Assembly decided in its special session to adopt the budget to sacrifice transparency in favor of efficiency.

A quick review of the normal procedure will serve to clarify how different this year was. Normally, after both houses have considered the budget bill and rejected each other’s version, the bill is sent to a conference committee comprised of members from both houses. In a largely shrouded process, the conference committee eventually produces a report consisting of all the changes to the introduced budget bill that its members have agreed upon. (Comparisons to the Vatican College of Cardinals electing a new Pope are apt.) Continue reading