RECEIVED OCT 26 2029 Fauauien co cn WARRENTON, VAY TweENTIETH Jupiciat Circuit oF VirGINIA STEPHEN E. SINCAVAGE, Junot Post Onvice Box 470 Leassunc, Vincren 20178 James Pave Fisner, Jooce Post Ornice Box 470 Lexswune, Vincin 20178 JeANETTE A. Inpy, Juoce Pott Orncs Box 470 Laxsaune, Vinca 20178 James E. Plowman, JR., Junoe Post Orrice Box # Lezsnuno, Vinorwin 20178 Dovetas L. Fuemino, JR., Juoce Post Ornics Box 470 ‘Lazsnuno, Vincna 20178 W. Sons Roszxrson, hoot enao Yaoess HE Cramntiy, ucee Ras “TmoMAS D. Hosni, usar Renan ‘Bunz F McCastt oe Renee October 20, 2020 ‘Jerrnay W. Pawan, oer Remco ‘The Honorable Mary Lee MeDaniel Chait, Fauquier County Board of Supervisors Court and Office Building 10 Hotel Street Warrenton, Virginia 20186 Re: Request for Appointment of Permanent Sitting Judge in Fauquier Dear Chair McDaniel, Tam responding to your letter dated October 8, 2020. I did not receive your letter until late Friday afternoon, October 16. Since your letter is related to the administration of justice in our circuit, [am ethically permitted to respond. First, since we haven't previously met, I want to thank you for your service to the citizens of Fauquier County. Your letter asks that a “full-time judge” be allocated to sit “permanently” in Fauquier County, yet also sit “part-time” in Rappahannock County. IfT understand correctly, you are requesting that one particular judge sit in Fauquier from approximately 8:00 a.m. to approximately 6:00 pm Monday through Friday each week, except for when that judge sits in Rappahannock. For brevity and ease of reference I'll refer to that position as a “county judge.” None of our three counties have county judges. All of our counties are served by our five full- time circuit judges. Work is assigned each week, and sometimes daily, based on need. Each county's docket needs are met, and the dockets are running smoothly and efficiently, even with the challenges of a global pandemic. Some factual context may help: Our twentieth judicial circuit consists of Fauquier County (population 71,222"), Loudoun County (population 413,538) and Rappahannock County (population 7,370). Fauquier County has two * Population figures used in this letter are the most recent population estimates compiled from the U.S. Census Bureau, Population Division. Release Date: March 2020.circuit courtrooms and two chambers; Loudoun has six courtrooms and six chambers; and Rappahannock’s single courtroom and one chamber is shared with the two district courts. By all relevant demographic and geographic measures, our circuit is extensive and diverse. To summarize, our circuit has three counties with a combined population of 492,130; nine circuit courtrooms; and five judges. Not surprisingly, from a judicial resource perspective, the dockets in each county are largely interdependent. Put differently, since we have only five judges in the circuit, how judges are allocated in one county on a particular day affects the dockets in the other counties. Thus, coordination and efficiency, to the fullest extent reasonably practicable, is essential, When I was elected chief judge at the beginning of this year, I tumed to the Code of Virginia to make sure I was properly meeting my obligations. While a circuit chief judge has many particular duties (¢.g.. assigning work among judges: appointing district court substitute judges: ‘making certain appointments), the paramount responsibility placed on a chief judge by our General Assembly is to “ensure that the system of justice in {the] circuit operates smoothly and efficiently.” Va. Code 17.1-501(B). To ensure our circuit was operating as smoothly and efficiently as possible, with the help of my fellow judges we undertook a comprehensive due diligence review of the dockets and docketing practices in all three counties. Our due diligence consisted of analyzing how the dockets were “organized: interviewing judges to get a clearer idea of general workload and how much time was spent on the bench; attending bar association meetings; speaking with bench-bar representatives in Fauquier and Loudoun counties to obtain their views and suggestions (I was told Rappahannock did not have a designated bench-bar committee); interviewing clerk's office personnel and docket managers; and meeting with judges and court personnel from neighboring jurisdictions to obtain suggestions and to learn what worked best for them and what didn’t. We had just completed our review and had identified inefficiencies in the docketing practices of all three counties when the COVID-19 global pandemic struck and a judicial emergency was declared. When the Supreme Court of Virginia directed the circuits to prepare transition plans to operate during the judicial emergency, we were able to incorporate a number of docket revisions into our three transition plans to increase efficiency and effectiveness in the circuit. Although each county’s plan was customized, some of the revisions included consolidating cases to eliminate “dead time” and docket gaps; increasing litigants’ opportunities to schedule cases; increasing the number of days when litigants can argue motions; installing dedicated criminal docket days to better accommodate criminal motions, pleas, probation revocation hearings and sentencings; establishing regular and predictable trial docket days; and establishing a calendar control system to more efficiently accommodate emergent matters, bond motions and continuance requests. ‘The increased docket efficiencies also allowed us to maximize our judicial resources for the benefit of citizens and litigants using our courts. Rather than designating “county judges”, which allows for no flexibility, we make assignments based on the needs of each county on a particularday. We don’t hesitate to assign our judges to each jurisdiction as needed, and to modify assignments based on changing circumstances. This allows each county in our circuit to be treated equitably, fairly, and effectively, and to be fully served. As chief judge, I expect our judges (me included) to be hard-working, flexible, adaptable and accountable. A few very recent examples illustrate how our method of assigning judges promotes the effective administration of justice in our circuit: * On October 14, I determined that Fauquier's docket required two judges. I assigned two of our judges to Fauquier that day. * On October 15 the judge I assigned to Rappahannock was able to complete the docket (because it was consolidated), then drive to the Fauquier circuit courthouse to do work, then drive to the Loudoun circuit courthouse to participate in a bench-bar meeting and complete additional work. The ability to cover three courthouses in one day would not have been possible if that judge was designated a county judge. * On October 19 I assigned two of our judges to Fauquier. On October 16 the clerk’s office informed us that the cases had settled. 1 immediately re-assigned one of our judges toa Loudoun docket, which freed up the judge previously assigned in Loudoun to work on Fauquier’s Jury Trial Resumption Plan, Again, that flexibility would not have been possible if we had permanent county judges. + Two judges are assigned to Fauquier on October 21". * On several occasions over the past months, to address docket needs those particular days, wwe assigned five judges to Loudoun’s docket. This would not be possible if we had permanent county judges. ‘* On October 20, I was assigned to Fauquier. When a case came off the docket I was able to complete my Fauquier responsibilities by noon and make it back to the Loudoun circuit courthouse to work on matters in Loudoun, * On October 19 the Fauquier deputy clerk informed us that a public defender in Fauquier had tested positive for COVID-19, thereby requiring all public defenders to quarantine. Asa result, much of Fauquier's criminal docket on October 26" had to be rescheduled. Because we have authorized and encouraged our circuit’s docket managers to communicate regularly and work together as a team, the cases were reassigned promptly on a Fauquier docket requiring two judges. Each of the above examples illustrate that our judges have been willing to do the hard work necessary to promote the efficient and smooth administration of justice in our circuit, We want our judicial scheduling practices to integrate, not unintentionally segregate, our circuit. The Rappahannock Circuit Court Clerk recently expressed appreciation that all of our judges are periodically assigned to Rappahannock (just as they are to Loudoun and Fauquier). She said it makes Rappahannock feel valued and an important part of the circuit. Our dockets are working efficiently and smoothly. Since being elected chief judge I've made myself eminently accessible. P've provided my email address, chambers direct dial number, and personal cell number to bar members and clerk’s office personnel, inviting conversation on anyappropriate matter relating to the administration of justice in our circuit, Since the beginning of the year, other than one letter inquiring about the scheduling of a civil jury trial, I've received no complaint or concern about our dockets from any attorney or litigant. I'm under no illusion that wwe can please everyone all the time, but I believe those persons using our courts ~ litigants and attorneys alike — appreciate our efforts to make the courts more accessible and efficient. Approximately a month ago, the Fauquier clerk’s office reported to me that all non-jury cri ‘cases have concluded or been scheduled. Shortly thereafter, Loudoun reported that it had no non-jury criminal case backlog. These reports, made during a judicial emergency in a global pandemic, confirm that our transition plans are working. Like all circuits, we have civil case backlogs, but we're steadily reducing the backlogs. Soon we expect to schedule jury trials, which during the COVID pandemic will present unique challenges. But we'll continue to deploy our judges as circumstances require, with the entire circuit’s welfare in mind, inal ‘One person I spoke with during our docket due diligence review told me “I don’t like change.” I understand that sentiment, Change can be hard. It can be intimidating. As humans, we tend to gravitate to what is comfortable, to our habits. But we must be open to change if we're to improve and advance. As chief judge, the easiest thing for me to do when elected was....very little. Sign some letters, make occasional appointments, and let things continue as they have in the past. But sometimes the easiest thing to do is not the right thing to do. I believe our General Assembly, and our Chief Justice, require more of us. We should be willing to scrutinize our practices, keep the ones that work, and change the ones that don’t. And be willing to periodically reassess decisions to ensure they are working as intended. Our judges are committed to doing so, and I believe our circuit is better served as a result. Should future circumstances change to warrant a reassessment of how judges are assigned, I and my fellow judges would not hesitate to analyze the available options. Our primary goal is to be good stewards of the judicial resources entrusted to us. In keeping this as our primary goal, we will be faithful to our General Assembly and to our Chief Justice. ‘Thank you for allowing me to address your concerns and provide accurate context. And again, thank you for your service to the citizens of Fauquier. lam, Yours respectfully, bdplan 6 LlAMy Douglas L. Fleming, J Chief Judge, 20" Judicial Circuit Fauquier, Loudoun and Rappahannock counties douglas.fleming@vacourts.gov [cc list on following page]ce: The Honorable Donald W. Lemons, Chief Justice of the Supreme Court of Virginia The Honorable Jill Holtzman Vogel The Honorable Michael J. Webert ‘The Honorable Elizabeth R. Guzman ‘The Honorable Mark L, Cole Fauquier County Board of Supervisors