Annual Survey 2023 | University of Richmond Law Review

Foreword

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“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law Review and there was a question about how I was even admitted to law school.

The Honorable L. A. Harris, Jr.

Preface

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The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth

Alexandra M. Voehringer *

* Annual Survey Editor.

Taxation

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This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions from the past year. Part I of this Article addresses taxes administered by the Virginia Department of Taxation (the “Tax Department” or “Department”). Part II covers local taxes, including real and tangible personal property machinery and tools, license taxes, and other discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact their clients. However, it does not address many of the numerous minor, locality-specific, or technical legislative changes to Title 58.1 of the Code of Virginia, which covers taxation.

Craig D. Bell *

* Partner, McGuireWoods LLP, Richmond, Virginia. LL.M., 1986, Marshall-Wythe School of Law, College of William & Mary; J.D., 1983, State University of New York at Buffalo.

Criminal Law and Procedure

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It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

Lauren E. Brice *

Michelle C. F. Derrico **

* Lauren Brice is an Assistant Public Defender with the Virginia Indigent Defense Commission’s Appellate Cohort. Prior to appellate work, Lauren was a Senior Assistant Public Defender in Arlington County specializing in youth defense. Lauren received her JD from George Mason University School of Law in 2013 and her Bachelors in Public Administration and Justice Studies from James Madison University in 2008.

** Michelle Derrico is a Senior Appellate Attorney with the Virginia Indigent Defense Commission’s Appellate Cohort. She is a double graduate of the University of Georgia, with a BSA in microbiology and animal science in 1981, and a JD in 1990.

Civil Practice and Procedure

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This Article discusses Supreme Court of Virginia and, for the first time, Court of Appeals of Virginia analysis of procedural issues. The Article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year.

The Article first addresses opinions of the supreme court and court of appeals, then new legislation enacted during the 2023 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

Christopher S. Dadak *

* Principal, Guynn Waddell, P.C., Salem, Virginia. J.D., 2012, University of Richmond School of Law.

Legal Representation of Parents in Child Dependency Cases in Virginia

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Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the lack of adequate compensation, there is also a shortage of attorneys willing to accept appointments to represent parents in child dependency proceedings, leading to a widening gap in representation.

This Article provides an analysis of Virginia’s current system and a recommendation for improvement. In doing so, the Article begins by discussing the various federal laws that instruct the courts regarding their responsibilities in child dependency cases. This Article then addresses the process in which child welfare cases move through the court system, while noting the importance of effective lawyering on all sides in order for the courts to properly perform their duty. This Article also analyzes the workings of the current court appointment process for attorneys in child welfare cases. The Article identifies the numerous problems with the system itself and the resulting outcomes. Finally, this Article proposes a solution to improve the quality of representation to parents navigating the child dependency process in court and out of court. This solution proposes to not only increase compensation for parents’ counsel, but also to establish a state-level Commission which will work to qualify, train, and oversee parents’ counsel, while utilizing a multidisciplinary approach to provide wraparound benefits to parents engaging with the system and produce better outcomes for children and their families.

Eric J. Reynolds *

* Director, Office of the Children’s Ombudsman, Richmond, Virginia. J.D., 1999, University of Richmond School of Law.