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.
The recent series of elections, redistricting, and retirements have wrought significant change. Of the eight members of the Subcommittee on Criminal Law in the 2024 Session, four are non-lawyers. Among the four lawyers, one is a local assistant city attorney; one administers large personal injury cases; one has a small “boutique” practice centered on estates and other civil matters; and one works for a non-profit organization but has practiced some civil rights law. In summary, they have very little, if any, experience as criminal trial lawyers.
They are also mostly new to the legislature. The chair of the subcommittee is Vivian Watts. She is one of the most senior members of the legislature and has been a member of the Courts of Justice Committee and this subcommittee for many years. Although she is not an attorney, she probably has more knowledge and “feel” for bills dealing with criminal law than any non-attorney in the legislature, as well as some attorneys. The next most senior member of the subcommittee was first elected in 2018; this will be her fourth term. After those two, there is little experience. One member will be in her third term; two in their second terms; and three in their first year in the legislature.
It will be intriguing to watch this subcommittee and full committee.
