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Attention Arlington County Judges and Attorneys: The Virginia Rules of Evidence Have Been In Effect for Almost a Year

20 Feb
Judge Dimatteo Worked on Ashlie Mae Obrien while a county attorney before becoming a Judge

Judge Dimatteo of Arlington County Court

Virginia courts have come out of the dark ages…well not completely.   There are now rules of evidence in effect for the first time in Commonwealth history !

It has come to our attention that some Arlington attorneys and some judges are not aware that there are any rules of evidence.   Members of the Arlington County attorney’s office and some GALS ** apparently have claimed that they are not aware of this.

So, now you know…there are now rules of evidence in effect (for almost a year) in Arlington County courts…

Object regularly and object often.

No more of that “proffering” garbage in lieu of evidence, that lawyers in Arlington have been doing for years.

Educate yourself, or suffer malpractice.  See the rules at: Rules of the Supreme Court of Virginia   Rule 2:101, et. seq.

* You know who you are.   🙂


Arlington County Flunks Transparency Test

15 Jan

Arlington Taxpayers Association reports that:

In a survey of the Internet websites of Virginia’s 134 counties and independent cites by the Virginia Coalition for Open Government (VCOG), Arlington County ranked #21, earning 44 out of a possible 50 points, and received a score of B+. The city of Fairfax score 50 points, and earned the solitary A+ of all 134 jurisdiction

Not surprising given all of the wasteful spending by Arlington Department of Human Services.

Read More: World-Class Community Flunks Budget Transparency Test

Virginia Freedom of Information Act Under Scrutiny for Being Unconstitutional

31 Dec

Pending before the US Supreme Court is McBurney v. Young, which will be heard on February 20, 2013.   The issue presented is:

Whether, under the Privileges and Immunities Clause of Article IV and the dormant Commerce Clause of the United States Constitution, a state may preclude citizens of other states from enjoying the same right of access to public records that the state affords its own citizens.

Apparently some in Virginia government take the position that they do not have to respond to FOIA requests to those living outside the state.

For more background: Kimberly, William Scott, Unshackling the Freedom of Information: Open Records Laws and the Right of Non-Citizen Records Access (August 26, 2012). Available at SSRN: or