Category Archives: Virginia Law

Rosalyn Dance Can Help Interpret Democratic Election Laws

Rosalyn Dance – courtesy Daily Press

by James C. Sherlock

Governor Youngkin has appointed former state Senator Rosalyn Dance, D-Petersburg, as vice chairman of the state Board of Elections.

As vice-chair, she is the highest ranking Democrat on the board.

She will perform an absolutely vital role.

She will be asked to help interpret the complete overhaul of Virginia’s election laws conducted by Democrats who controlled state government in 2020 and 2021.

While Sen. Dance was not in office for that revolution, interpreting it for the purpose of developing regulations will require experience, a Democratic mindset and a strong stomach.

She qualifies. Continue reading

Putting Victims First. For A Change.

by Kerry Dougherty

Imagine for a moment that you are the victim of a violent crime. The perpetrator has been arrested and you thought he was about to go on trial when you learn that your local prosecutor — one of those squishy soft-on-crime types who was bankrolled by George Soros — already entered into a sweet plea deal with your attacker. You were never notified, so the judge signed off on it.

Now this predator is back on the streets.

It happens. And Virginia has several prosecutors who fall into the criminals-first-victims-second camp.

Well, thanks to bipartisan efforts by the General Assembly, this sort of chicanery is over.

SB 989, a bill that just passed both houses of the state legislature and is certain to be signed by Gov. Glenn Youngkin, requires prosecutors to contact crime victims BEFORE they enter into plea agreements.

Commonwealth’s attorneys are not obligated to do what the victim wants, but they have to listen. Current Virginia law only requires prosecutors to notify victims if the victims ask to be notified.

The best part of this bill? It passed with overwhelming majorities in both houses. Introduced by Sen. Mark J. Peake, a Republican from Lynchburg at the behest of Attorney General Jason Miyares, the measure sailed through the House of Delegates 79-20 and the Senate by a vote of 30 to 10.

Shoot, even Louise “Brick Wall” Lucas voted for it.

Who would vote against such a common-sense, pro-victim bill?

Newly elected Sen. Aaron Rouse, who represents the 7th District that includes part of Virginia Beach and Norfolk, that’s who.

Congratulations, voters of the 7th. You replaced tough-on-crime Jen Kiggans with someone who doesn’t even want prosecutors to speak with crime victims before entering into deals that are favorable to the criminals who hurt them.

What were you thinking?

Republished with permission from Kerry: Unemployed and Unedited.

Universal Recognition Will Help Stem Virginia’s Migration Woes

by Conor Norris and Edward Timmons

From pristine beaches to rolling hills and picturesque mountains, Virginia has a lot to attract residents. Combine that with a strong economy and Northern Virginia’s close ties with Washington, D.C., Virginia should be an attractive destination.

But surprisingly, that’s not the case. Despite strong economic performance and a high quality of life, more people are leaving Virginia than moving into the commonwealth. There may not be one silver bullet to reverse this trend, but the legislature just took an important step helping people move to Virginia by recognizing out-of-state professional licenses.

In 2021, Virginia experienced net out-migration. Many of us are puzzled by this trend, blaming some combination of housing prices, remote work, taxes, and weather for enticing people to leave Virginia. Unnecessary barriers for those considering a move into Virginia are also a contributing factor.

If you work in a licensed profession and wanted to move to Virginia in the past, it wasn’t easy to start working in your new home. First, you would have to reapply for a license, paying fees and waiting months for the application process. Sometimes, you would even have to go through training or education again and retake exams, no matter how long you’ve been working, adding time and money to an already expensive process.

The hassle created by the need to reapply for licensure had a real effect on people’s decision to move. Economists estimate that occupational licensing reduces migration by seven percent. Anyone who has moved knows it’s a costly and time-consuming process. Making it difficult to start working is enough to push some people over the edge and prevent them from moving entirely.
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For Your Consideration: An Intellectual Freedom Protection Act

by James C. Sherlock

I offer for your consideration the text of a draft Intellectual Freedom Protection Act proposed this morning by the Foundation for Individual Rights and Expression (FIRE).

FIRE is the leading American voice supporting academic freedom, free speech and due process. In doing so they defend democracy itself.

They are what the ACLU was before that organization abandoned the field as an impartial supporter of civil liberties to pick a side.

FIRE defends left and right equally.

I have below eliminated the preamble of the draft law for brevity. Lawyers can find the legal precedents referenced in the preamble here. Continue reading

Virginia’s PreK-12 Educational Goals?

by Matt Hurt

For any organization to be successful, there must be clearly defined goals based on the desired outcome. The goals must be measurable, and the measure(s) of progress must also be defined. The greater the focus is maintained on those goals, the more likely the organization will attain them.

Virginia’s educators are at a disadvantage in that the goals (identified as priorities) laid out in the Board of Education’s Comprehensive Plan do not identify student outcome targets. The mission adopted by the Board (page 5) mentions the improvement of student achievement, but how much improvement is considered sufficient is not defined anywhere in the document. This document also does not specify any measures of student achievement that could be used to determine whether or not the board is accomplishing its mission.

The lack of adopted student outcome goals and measures could be a significant factor in the declines in student achievement in the past five or so years. Much has been written about the recent and significant decline in National Assessment of Educational Progress (NAEP) scores in 2022, but student outcomes as measured by SOL tests were generally in decline prior to the pandemic. The only SOL scores that improved were in math, and then only because the Board of Education significantly lowered cut scores with the newest SOL test in 2019, which had the effect of making the new tests easier to pass.

There have been a number of decisions made by the Board in recent years that have been inconsistent with practices which improve student outcomes. These decisions in effect lowered the expectations for Virginia’s students and educators. Rarely do outcomes improve when expectations are lowered. For example, the degree to which student outcomes were calculated into teacher and administrator evaluations was decreased from 40 percent of the evaluation to no less than 10 percent in 2019. Also, that same year, the Board lowered the SOL cut scores in math, which effectively lowered the expectations in that subject. Two years later, the Board similarly lowered the cut scores in reading.
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How Parents Can Take a Proactive Role in Their Child’s Education

by Timothy Rarick

In Dr. Seuss’ classic book Horton Hatches the Egg, we are introduced to Mayzie, a lazy bird who is also an expectant mother. She loathes the work and responsibility that come with taking care of her developing baby within the egg. She eventually convinces Horton the elephant to take care of her egg so she can take a short vacation. As Horton nurtures the baby bird through many difficult circumstances, it becomes clear that the lazy Mayzie had no intention of returning any time soon. When their paths crossed again a year later, the egg burst open and — to both Horton and Mayzie’s surprise — the baby appeared to be part elephant and part bird.

On the surface, this story is amusing but unbelievable. An adoptive parent’s influence cannot alter the physical DNA of their child. But if we look deeper, we discover some profound lessons for parents today. These lessons might be put in the form of questions, such as:

— How much influence does a parent really have over their child’s development?
— Who should be the child’s primary educator and influencer?
— What and how is the child being taught from that primary source?

Of course, these ideas and questions did not originate with Dr. Suess. For decades, research and theory have explored similar questions about child development. The eminent developmental theorist Urie Bronfenbrenner, posited that a child is influenced, or socialized, in multiple contexts or sources. The primary influencers being the immediate environment such as the home, schools, neighborhood, etc. In a 1992 interview, Dr. Bronfenbrenner made a profound statement that appears to offer an answer to the first two questions above. “The more we study human development,” he wrote, “the more it becomes clear the family is the most powerful, most humane and, by far, the most economical way of making human beings human.”

His theory was developed at a time when schools and parents were much more in sync with one another. Today, there appears to be growing discord over whether parents or the state (i.e., public schools) should be the primary influencer and educator of children. Although many parents today are not as irresponsible as Mayzie, how a parent answers these questions has never been more critical.

These questions relate not only to parental responsibility but also parental rights. Parental rights expert, Dr. Melissa Moschella, posed the questions this way:

Do the right and the responsibility to educate children belong primarily to parents, or to the state? And who should win when parents and the state disagree over educational content, methods, and goals? Disputes about parental rights are ultimately disputes about authority. Either child-rearing authority fundamentally resides in the political community (which partially delegates that authority to parents), or parental authority is natural and pre-political, based on the nature of the parent-child relationship.

Virginia: Ground Zero

The past decade in Virginia is a model for addressing the tension in these questions. In 2013, a Virginia law was passed that protected the fundamental right of parents to make decisions concerning the upbringing, education, and care of their child. Since the 2021 election of Virginia’s first Republican governor in more than a decade, the push for parental rights has been moving forward. Governor Glenn Youngkin’s efforts, such as allowing parents to opt their children out of assignments that contain sexually explicit material, are an important step in getting parents actively involved in their children’s education to be the influential source that Bronfenbrenner asserted they are. Continue reading

RVA 5×5: Annual Crime Briefing Numbers

by Jon Baliles

The Richmond Police Department held its annual crime review briefing this week and the numbers were positive on the surface, a little mixed in total, and almost miraculous considering the force has more than 150 vacancies.

Mark Bowes writes in the Times-Dispatch that “The good news for the city of Richmond from a crime perspective last year was a 37% drop in homicides (from 90 to 57) and a 17% reduction in robberies of persons.” The numbers of reported rapes, aggravated assaults and commercial robberies rose in 2022 over the preceding year, but overall violent crime was flat, [Acting Police Chief Rick Edwards] said, dropping about 1% from 1,099 reported offenses to 1,087.

However, a more disturbing trend was the 33 incidents of shootings with more than one victim (80 people total in 33 shootings – recall the one shooting last summer on Broad Street with six shooting victims). That was up from 31 multiple shootings in 2021 with 68 victims. Also, the number of non-fatal shootings increased from 244 in 2021 to 256 last year.

“The numbers would have been even higher,” Edwards said, if not for police initiatives during the final quarter of the year that reduced by 12% the number of shootings during that three month period. They dropped from 69 to 61. “We were on track to have a much higher increase in non-fatal shootings,’ the chief said.”
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Virginia Senate Committee Passes Second Look Bill

by Hans Bader

Do all inmates deserve a chance for release? Even a serial killer, or a serial rapist who has been locked up and released before?

They may soon have that chance in Virginia. In the state Senate, the Judiciary Committee has just approved the Second Look bill, SB 842. It would allow offenders of all kinds to file petitions for release or modification of their sentences after they’ve served 15 years. Judges wouldn’t have to grant the petitions, but they could if they think an inmate has mended his ways.

Under the bill, an inmate could be released despite any “combination of any convictions” such as being convicted of both murders and rapes. The bill was approved in an 8-to-6 vote largely along party lines, over conservative opposition.

Supporters of the bill argue that “everyone deserves a second chance.” But to critics, the bill goes beyond giving offenders a second chance, because it gives even the most persistent re-offenders the opportunity to seek release — people who already had and squandered a “second chance.” As an objector noted, “most inmates doing more than 15 years have already had their second, third, fourth, and fifth chances — the typical released state prison inmate has five prior convictions, according to Rafael Mangual, who studies the criminal-justice system at the Manhattan Institute.” Continue reading

Politics, Virginia Style

by Bill Bolling

It has been said that if you love politics, Virgina is a great place to be because there is an election every year! This year, 2023, will be no exception with all 140 seats in the Virginia General Assembly up for grabs.

But 2023 will not be your typical General Assembly election year.

Thanks to the complete failure of the new Virginia Redistricting Commission to successfully complete its work, new legislative districts were drawn by the Supreme Court of Virginia, and to say that the Supreme Court shook things up would be a gross understatement.

For example, consider the Virginia State Senate.

Under the new redistricting plan approved by the Supreme Court, no less than 14 of the Senate’s incumbent legislators find themselves paired in districts with another incumbent Senator, often a Senator of the same political party.

Some of the notable pairings include: Continue reading

Uncancelling Lee

Douglas Murray, author of “War on the West,” has launched a new videocast series entitled, Uncancelled History. In Episode 1, he interviews Jonathan Horn, author of “The Man Who Would Not Be Washington” to uncancel Robert E. Lee.

Whether you revere Lee or revile him, it’s a great interview. Murray and Horn place Lee in the context of his times. I can hardly wait for Murray to uncancel Thomas Jefferson.

— JAB

Jamestown Settlement – A Flawless Weaving of American History

Christy Coleman, Executive Director, Jamestown-Yorktown Foundation

by James C. Sherlock

Sunday, on a brilliant fall day in Hampton Roads, my wife and I went on an outing.

Despite having lived in Virginia for many decades, neither of us had ever been to Jamestown.

We all know the outlines of the story. Jamestown was founded in 1607 as a commercial venture by British investors, the Virginia Company. It was ill-conceived and badly executed, but survived, if barely.

We know, or think we do, about John Smith and Pocahontas. The arrival of African slaves. The beginnings of the General Assembly. Bacon’s Rebellion. The abandonment of the settlement in 1699 when the capitol was moved to Williamsburg.

It turned out that neither of us knew enough about Jamestown to avoid being constantly surprised and educated during a visit to Jamestown Settlement, a living history museum presented by the Jamestown-Yorktown Foundation (JYF).

What makes that museum very special is the way the JYF has woven together the stories of early Jamestown:

  • the 1607 voyage of three ships and 104 colonists under the command of Captain Christopher Newport;
  • the managers hired by the Virginia Company, then royal appointees from 1624 when the settlement became a colony, and wayward sons of the well-to-do like Nathanial Bacon;
  • the other European immigrants, mostly indentured servants;
  • the indigenous peoples; and
  • Africans, both slave (starting in 1619) and free.

The museum presents not only their history, but their humanity. Continue reading

Hormone Treatment of Transgender Adolescents in Virginia – New Concerns

by James C. Sherlock

We have discussed at length the controversial policies of the American Academy of Pediatrics (AAP).

It is time to consider the impact of Great Britain’s ongoing National Health Service Review of its transgender support to children and young people.

It offers new concerns about clinical challenges in the diagnosis and treatment of gender dysphoria in adolescent patients, especially the safety of puberty blockers.

And it causes us to discuss what has been going on for years at the University of Virginia Children’s Hospital Transgender Youth Health Services.  

It is a state hospital that has treated hundreds of patients from the earliest stages of puberty with both puberty blockers and cross-gender hormones. Continue reading

Lee, Jackson, the Right of Rebellion, and Hanging Cromwell’s Corpse

The thirst for vengeance has no expiration date: hanging Oliver Cromwell’s corpse.

by Jock Yellott

As an August vacation from current events, let’s explore Virginia’s Right of Rebellion — and the question of Confederate treason.

It’s in our state constitution Bill of Rights: “Whenever any government shall be found inadequate or contrary to [the benefit, protection, and security of the people] a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. Virginia Constitution Art. I §3 (June 12, 1776).

Virginia’s Constitution was no anomaly.

When the American colonies seceded from England in 1776, and afterwards for the next three quarters of a century until 1860, most state constitutions in their Bill of Rights or Preamble reserved to the citizens the right to abolish their own governments. A representative sample: the original colonies Virginia, Pennsylvania, North Carolina, Massachusetts, Georgia, Rhode Island, Connecticut, Vermont, and later (when added to the union) the states of Texas and Maine. Continue reading

Virginia Needs Better Information Sharing to Provide Mandated Public Services to Illegals Efficiently and Effectively

by James C. Sherlock

I am on record as a persistent advocate of improving the quality of both schools and medical services for poor and minority citizens. It has been the main focus of my work for years.

In a directly related matter, we read, with different reactions depending upon our politics, of the struggles with uncontrolled immigration on border states on the one hand and D.C, New York City and Los Angeles on the other.

We are treated to the public spectacle of the mayors of sanctuary cities deploring massive new influxes of illegal border-crossers and asking for federal assistance. It provides one of the best object lessons in being careful what you ask for in recent public life.

All of that is interesting, but Virginians know that the problem is increasing. They know Virginia can’t fix it, and they want to know how Virginia will deal with it.

By law we owe illegals services. And we need to provide them efficiently and effectively both for humanitarian reasons and to ensure that citizens are not unnecessarily negatively affected.

There is work to do. Continue reading

A Letter to an Old Friend

by James C. Sherlock

This article is rendered as a letter responding to an old friend and mentor, the University of Virginia, my alma mater.

I can imagine the University’s response to my last article on its culture:

The changes we have experienced in the culture of the University, its pervasive progressivism, which some may see as toxic to a public university, are not unique to the University of Virginia, have been decades in the making and will be very difficult to change from within.

I note the pessimism, but do not share the conclusion. Change it must, and we must not shelter in place and hope it blows over.

I firmly believe that the University will not survive as a public institution, and will not deserve to survive, with a leadership structure monitored by a political Diversity, Equity and Inclusion (DEI) commissariat that tolerates no dissent from progressive orthodoxy.

I don’t believe it will survive hiring practices that render the faculty politically single-minded.

I don’t believe it will survive a student experience that has driven large majorities of students to respond to surveys that they feel afraid to engage in debate on topics related to progressive dogma.

How can we honestly say we promote diversity, but not diversity of thought?
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