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News JournalTHE VIRGINIA BAR ASSOCIATIONVOLUME XXXI, ISSUE 2 APRIL/MAY 20054 Presidents Page:
A Case for the Voluntary BarJames V. Meath
6 The Role of Nonprofits in the Rehabilitation of PrisonersRemarks of The Honorable Mark L. Earley to the Virginia LawFoundation Fellows
9 Legal Focus/Domestic Relations:Update to Summary of Post-1998 RehabilitativeAlimony Cases and Trends (Sept. 2003-March 1, 2005)Cheryl Watson Smith
13 The 2005 Virginia Bar Association Legislative Review
16 VBA Young Lawyers Division:Law School Councils serve and socializeR. Braxton Hill IV
18 Community Service/Young Lawyers Division:Whitcomb DreamsBrooks M. Smith
20 Around the CommonwealthDemocratic and Republican gubernatorial candidates to debateat the VBA Summer Meeting Author Adriana Trigiani, ABAPresident Robert Grey are among scheduled Summer Meetingspeakers VPLC seeks photos taken Through Different Eyes
22 News in Brief22 Classifieds/Professional Notices24 Calendar
VBA NEWS JOURNAL, the official publication of The Virginia Bar Association (ISSN 1522-0974,USPS 093-110), is published six times per year (December/January, February/March,April/May, June/July, August/September and October/November). Membership duesinclude the cost of one subscription to each member of the Association. Subscription priceto others, $30 per year. Statements or expressions of opinion appearing herein are thoseof the authors and not necessarily those of the Association, and likewise the publicationof any advertisement is not to be construed as an endorsement of the product or serviceunless specifically stated in the advertisement that there is such approval or endorsement.Periodicals postage paid at Richmond, VA 23232. POSTMASTER: Send address changesto The Virginia Bar Association, 701 East Franklin Street, Suite 1120, Richmond, VA 23219.
Suite 1120701 East Franklin Street
Richmond, VA 23219(804) 644-0041
FAX (804) 644-0052E-mail: email@example.com
OUR MISSIONThe Virginia Bar Association is a voluntaryorganization of Virginia lawyerscommitted to serving the public and thelegal profession by promoting the higheststandards of integrity, professionalism,and excellence in the legal profession;working to improve the law and theadministration of justice; and advancingcollegial relations among lawyers.
On the Cover: The Northumberland County Courthouse (1900), photograph byJohn O. Peters. One hundred forty photographs of Virginia courthouses are contained inVirginias Historic Courthouses, written by John O. and Margaret T. Peters with a forewordby the late Justice Lewis F. Powell Jr.; photographs by John O. Peters; published byUniversity Press of Charlottesville; and sponsored by The Virginia Bar Association. Toorder the book, call the VBA at (804) 644-0041 or 1-800-644-0987.
PresidentJames V. Meath, RichmondPresident -electWilliam R. Van Buren III, NorfolkChair, Board of GovernorsGlenn C. Lewis, Washington, D.C.Immediate Past PresidentE. Tazewell Ellett, AlexandriaLaw Practice Management Division ChairGant Redmon, AlexandriaYoung Lawyers Division ChairR. Braxton Hill IV, RichmondYoung Lawyers Division Chair-electLori D. Thompson, SalemBoard of GovernorsThe Officers andHon. William G. Broaddus, RichmondJohn D. Epps, RichmondCheshire I. Eveleigh, Virginia BeachWilliam E. Franczek, NorfolkMarilynn C. Goss, RichmondProf. Roger D. Groot, LexingtonJ. Lee E. Osborne, RoanokeG. Michael Pace Jr., RoanokeStephen C. Price, LeesburgGlenn W. Pulley, DanvilleNancy N. Rogers, RichmondHon. Pamela M. Sargent, AbingdonHon. Diane M. Strickland, Roanoke
Member of ABA House of DelegatesDavid Craig Landin, RichmondLegislative CounselHon. Anthony F. Troy, RichmondRobert B. Jones Jr., RichmondAnne Leigh Kerr, RichmondExecutive Vice PresidentCharles Breckenridge Arrington Jr.Director of MeetingsBrenda J. DillardDirector of FinanceAmy B. CatheyVBA News Journal EditorCaroline B. Cardwell
4/THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL APRIL/MAY 2005
The Case for the Voluntary Barby James V. Meath
The case for the voluntary barassociation is an easy one to make.Yes, there are tensions, there aremembership concerns, but I amheartened by the fact that in mytravels around the Commonwealth,people come up to me and ask mehow they can get involved, or moreinvolved, in the work of the VBA.That, indeed, is our challenge.
At the outset, let me say that Ihave been rewarded beyond beliefin two areas. First, many of youhave been so kind to let me knowthat you share my thoughtsconcerning the singular pride thatwe have in being Virginia lawyers.Second, because of the nature ofmy practice, I have not had theoccasion to stay in touch with asmany of my friends, classmatesand colleagues who practice withinthe Commonwealth as I would like.It has been particularly rewardingto reconnect with these individuals.Although it is hard to believe, wehave been out of law school for 26years. In every instance, I amproud of the contribution that theselawyers and judges are making tothe legal system and serving thecitizens of the Commonwealth ofVirginia.
It has been rewarding as well tospeak to local voluntary bar groupsand recognize what good thingsthat these groups are doing,considering the stress that existsfor time, talent and funds forvoluntary bar work. One examplethat I point to is the domesticviolence project that has been sohighly successful in ChesterfieldCounty. As I studied their projectand realized how successful it hasbeen, it saddened me that thisproject has not been templated andmade uniform throughout theCommonwealth. That brings me tothe central question that I am oftenasked. The question isunderstandable and logical. It isWhy should I belong to the VBAor any other voluntary barorganization (Richmond BarAssociation, Norfolk/PortsmouthBar Association, Old Dominion Bar
Association, Roanoke BarAssociation...), when I am requiredto belong to the mandatory bar? Ihave pondered this question forquite some time, and I believe thatI have formulated the beginnings ofwhat I consider to be a goodanswer.
As Chief Justice Hassell has oftenarticulated, the Virginia State Barneeds to be strong and responsive toall of us, but equally as important isthe strength of the voluntary bar.Indeed, we are fortunate to have, asleaders of the Virginia State Bar,current President David P. Bobzienof Fairfax and President-elect PhillipV. Anderson of Roanoke. Both ofthese gentlemen are not onlycolleagues, but have become friends,as we have traveled in the samecircles as bar leaders. Both of theseindividuals continue to be activemembers of The Virginia BarAssociation. It is also the support ofthe Chief Justice, that of formerPresidents of the Virginia State Bar,and the handwork of our 5,600members that help me answer thequestion posed above.
The mandatory bar must itself bestrong beyond reproach and alsobeyond reproach in its mission.
That mission regulation,discipline and self-policing. Manyof us have been, and should be,actively involved in the VirginiaState Bar. Indeed, the currentChairman of our Board ofGovernors is now on Bar Counciland has been actively involved inthe Virginia State Bar for manyyears. As our good friend, albeitunder house arrest, MarthaStewart, would say, That is a goodthing. So let me, at least partially,make the case for the voluntarybar.
Some voluntary bar associationsare struggling to maintainmembership in an era where thereare many other entities competing forcoveted dues money. Voluntary barassociations are outside of theregulatory scheme that thelegislature has set out. They are notengaged in discipline or regulatinglawyer conduct or self-policingissues. We, as attorneys, have littlecontrol over the mandatory bar. Asstated above, we all participate atvarying levels of the bar structure, aswe should. Most of the functions ofthe mandatory bar typically do notoverlap the functions of the voluntarybar. The voluntary bar historically
APRIL/MAY 2005 THE VIRGINIA BAR ASSOCIATION NEWS JOURNAL/5
has addressed some of these