VAMA Launches Judicial Complaint Form
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In response to the rise in complaints VAMA is receiving about judges engaging in judicial activism and operating outside of the Code of Virginia, VAMA is announcing the launch of our Judicial Complaint Form.
In Virginia, judges to General District Courts are elected by the General Assembly, unlike other states where judges are appointed/reappointed by the Executive Branch and confirmed by Legislative Branch of Government. As members of the Assembly are responsible for electing our judges, we believe it’s important for assembly members to be fully informed about judges that fail to follow judicial processes as outlined under Virginia law. In the past year VAMA has seen increased instances of General District Court Judges:
- Failing to grant initial hearing dates in accordance with Virginia Code § 8.01-126, which requires courts to grant initial hearings within 21 days and in no event later than 30 days from the date of filing.
- Judges continuing cases over the objection of the plaintiff when the plaintiff is entitled to ruling under Virginia code.
- Judges setting cases for contested hearings even when a contested hearing is not requested by the defendant.
- Judges prompting defendants’ questions from the bench in an attempt to create a defense for the defendant.
VAMA believes judicial actions such as this are not consistent with Virginia law, or the Oath of Office judges take. While judicial rulings may be appealed, courtroom procedural issues often lack a venue for resolution. As the Virginia Mercury noted in their September 27, 2021 piece “In Virginia, who judges the judges?” the Judicial Inquiry and Review Commission, which should be a venue for such complaints lacks transparency as, “almost everything JIRC does is, by law, secret.” This lack of accountability and transparency leaves little choice other than bringing it to the attention of legislators and calling on them to decline reappointments of judges that act outside of the law and their Oath of Office.
Please use this form to catalogue your judicial complaints. VAMA will work to transmit your complaints to Chairs of the Virginia Senate Judiciary Committee and the House Courts of Justice Committee.
