Column: Get ready for some justice delayed
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The wheels of justice always seem to grind slowly. But in the Roanoke Valley, with six Circuit Court judges, they turn a bit faster than in some other places. The wait for a civil trial is often measured in months, sometimes as few as three or four.
In Montgomery County you’ll find a different story. There, a plaintiff in an auto accident case can expect to wait 10 months to a year for a trial. That delay is frustrating, said Pete Beller, a veteran attorney from Christiansburg.
For a client disabled by an accident that wasn’t his fault, and who’s lost his primary income, it can easily spell bankruptcy. That harks back to the old saying, “justice delayed is justice denied.”
Unfortunately, the Roanoke Valley appears to be headed in that direction, because of a failure of the Virginia General Assembly. We now have two judicial vacancies on Circuit Court and one in Juvenile and Domestic Relations Court.
In the General Assembly session just concluded, none of them got funded or filled. How did that happen?
READ THE REST OF THIS COLUMN HERE.
February 28, 2013 - 6:00 AM
Speaking of Justice delayed, when is Obama finally going to put the Fort Hood terrorist on trial? That incident happened in 2009, less than a year after Obama took office. It’s 2013 and Obama is already in his 2nd term.
You are aware, aren’t you, Henry, that several of the delays were caused by the suspect, such as when he changed lawyers and when he filed numerous motions. He also delayed it with his refusal to shave and then with his effort to plead guilty, which he was well aware isn’t allowed in capital cases but which still slowed things. And you’re blaming Obama for this, Henry? Partisan much?
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BTW, while you’re complaining about Obama “delaying” justice, why don’t you explain to us why Bush never tried all those “terrorists” he locked up?
Don’t forget Khalid Sheikh Mohammed. 11 years after 9/11, which he helped plan, he’s still making a mockery out of our broken justice system. He, along with Nadal Hasan (Ft Hood), should have been strung up years ago.
Bush didn’t want the terrorists tried in American courts. That’s why he and Obama are holding them at Gitmo. Feel free to spank yourself.
So Obama is helpless to try the Ft Hood Terrorist because he refuses to shave? You make the White House sound really impotent. Good job, gdad.
http://www.realclearpolitics.com/video/2013/02/27/woodward_white_house_warned_me_youre_going_to_regret_this.html#.US83uIuhZ5Q.facebook
So where are all the 2nd amendment people on this? If the 2nd amendment is absolute, what about the 6th amendment? Isn’t it being violated? Where is the outrage?
We have the worst senate representation in the state. Ralph Smith is an embarrassment. How can he justify not lifting a finger to help get these judges. At least Edwards tried….but ever notice how Edwards seems to always be trying and complaining….but rarely getting things done.
Do you think this would have happened with Cranwell and Woodrum down there?
The silver lining is that David Carson is getting recognized for being a great lawyer and public servant. We had two dilapidated high schools with no stadiums when he took over. Now our high school facilities are second to none. And Carson did it all while managing a tight budget.
Nice to see a judge picked for competence and performance instead of political patronage.
Good for Dave Carson. We are very lucky with our school board.
“So where are all the 2nd amendment people on this? If the 2nd amendment is absolute, what about the 6th amendment? Isn’t it being violated? Where is the outrage?”
–A.Ryan
Side issue that I thought about but did not mention in the column: Circuit Court judges are the folks who issue concealed carry permits. You apply to a clerk of court but it’s a judge who OKs the documentation. When I was issued mine, I got it in about 30 days, give or take a day or two. The law allows up to 45. I could imagine that with 4 judges handling the same caseload as 6, there’s going to be more of a delay in the issuance of permits.
Dan,
So this is even going to limit the 2nd amendment. Again, where is the outrage?
Maybe they could appoint someone as a fill-in. I hear Joe Painter is available.
Gee, Henry, we know what Bush didn’t want. Quite sad, really. The shaving thing of, course, was a minor delay compared to changing lawyers, the motions, and the attempts to plead guilty. None of which either Obama or any other president would have control over.
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Pathetic reply, Henry.
#5 Why thanks for putting that up, pammala. Notice how Woodward at the end indicates he doesn’t think Obama was aware of the email he got? I see that the right-wing machine has its parrots really cranking this one out today.
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BTW, pammala, have you seen yet that it wasn’t me who spelled the word “sensorship’? That was “Billy” who did that.
So why hasn’t Obama put the Ft Hood terrorist on trial? It’s been 3 years now.
Re: A. Ryan at 9:48 am
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So where are all the 2nd amendment people on this?
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Can’t speak for anyone else but I just got on line, having been at cardiopulmonary rehab all morning and running a couple of errand for she who must be obeyed on the way home.
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However, I, for one, support all the Constitution including all the Bill of Rights. Don’t you? If not, why not? If so, where is you outrage?
Re: Dan Casey 10:22 am
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You do know that if the court don’t process it in 45 days the receipt and your copy of the application become a default CHP, right?
Ah, Henry, so you want Obama to step on the court and Justice Department’s toes? And exactly what does it really matter, especially if the suspect himself is delaying things and in no apparent hurry to go to trial? Is the guy in prison or is he free and running around? That’s what I thought.
Re: OP
Dan and A. Ryan you do know that 6A has nothing to do with civil cases, right?
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“Amendment VI
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. [emphasis added]”
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And that 7A (which addresses civil cases) has been held not to be incorporated against the states. See Minneapolis & St. Louis R. Co. v. Bombolis, 241 U.S. 211 (1916).
Re: the Nidal Hasan trial, delays, etc — See:
http://tinyurl.com/d4m2zww
Terps | February 28, 2013 at 9:51 am
We have the worst senate representation in the state. Ralph Smith is an embarrassment. How can he justify not lifting a finger to help get these judges. At least Edwards tried….but ever notice how Edwards seems to always be trying and complaining….but rarely getting things done.
Do you think this would have happened with Cranwell and Woodrum down there?
Terps. You leave out just one tiny little important fact in your litany. I agree on Ralph Smith. And no this would not have happened when Cranwell and Woodrum were down there and Bill Hopkins was in the Senate. That’s because when Cranwell and Woodrum were there, Democrats controlled the legislature and for the most part the Governor’s office and Cranwell was the majority leader of the House.. They’ve been replaced by do nothing Republicons who promptly let the state go to hell and spend most of their time attacking women and pushing a radical social agenda while refusing to accept their responsibility for funding schools, transportation, and essential services. The Ralph Smiths, Bill Stanleys, Charles Poindexters, Steve Newmans, and Bern Clines who represent this region have no clout and no influence and are largely ideologues.
Yeah, Wayne, but Bill Stanley has Glock. That’s very important.
Hasan is in jail. After trial he’s going to be in jail. I don’t get the excitement for a trial. What’s going to change?
Kristen | March 1, 2013 at 1:47 pm
Hasan is in jail. After trial he’s going to be in jail. I don’t get the excitement for a trial. What’s going to change?
Kristen. According to Henry and his Republicon view, Obama should b
have applied for admission to the bar and then personally led the prosecution of Hassan in his spare time while dealing with the financial disaster left for him by the Bush administration and the Republicons along with the other duties prescribed for him by the Constitution.
Oops, Henry, more delaying tactics by Hasan. Guess that Obama’s fault, though? Besides, I thought you were a pro-lifer. Why are you so eager for a capital trial?
Just in case Henry is actually interested in some facts about the reason for judicial backlogs and trial delays in the federal courts, he might want to consider the following information. There are currently four federal district judgeship vacancies in Texas and 2 federal circuit court of appeals vacancies. There are 67 federal district court vacancies in the U.S. and 19
vacancies on appeals courts. Most of these vacancies have had nominees
presented to Congress for anywhere from over two years to 3 or 4 months.
They are being held up because Republicons in the Senate are filibustering
them. They were holding out for a Republ;icon to be elected President in the last election. Guess now they’ll keep holding out until Hillary wins the next election or Demcrats get a filibuster prooif majority in the Senate. No obstructionism here though.
http://judicialnominations.org/judicial-vacancies