Here come da judge: It’s a job I don’t envy

By Nate Delesline III

Published: July 4, 2008

After gaining a better understanding of what they do, I’d have to say that being a judge would be near the bottom of my list of preferred careers.

I don’t say that maliciously, but with sincere conviction and appreciation for those that perform this important role in our community. I recognize that I would lack the patience and tact to deal with hostile, deceptive and distraught people daily.

Tuesday the members of the Criminal Justice Academy heard again from Culpeper County Commonwealth’s Attorney Gary Close and Assistant Commonwealth’s Attorney David Barredo. Part of the discussion centered on how Virginia’s sentencing guidelines impact the decisions of judges.

Close explained that sentencing guidelines were implemented by the General Assembly in the mid 1990s to establish equity in sentences statewide and provide a baseline for judges to work from. However, the guidelines still afford judges the discretion to pass sentences that exceed or fall below the recommendations. That power is one of the many responsibilities bestowed on Virginia judges.

In Virginia, members of the General Assembly choose judges. Close acknowledged that the process isn’t perfect or completely removed from political influences, but he indicated that he felt the process was fair.

Close recalled that years ago, while visiting family members in Pennsylvania, he noticed campaign signs placed by judges during election time. He said some even aligned themselves with a political party. Close seemed appalled.

“Can you imagine being a practicing lawyer before a judge you didn’t support?” he asked.

The thought is appalling to me as well. But I do not pass judgment on the Keystone State and neither did Close. In Virginia, “We do it differently and I like the way we do it,” he said.

Close also discussed the power and influence of Circuit Court judges beyond the courtroom. Circuit Court judges have control of the courthouse and the vicinity. No major changes may be made to the interior, exterior or grounds of the courthouse without their approval.

They may also order a county to build a new courthouse if they deem the existing facilities are unsatisfactory. They also sign concealed weapon permits and influence how their circuits, which encompass large, multi-county areas, are run.

With the recent retirement of Circuit Judge John R. Cullen, it’ll be interesting to see what influences his replacement, Jack Berry will bring.

Close also praised the clerk of the court in Culpeper, saying that working with other jurisdictions has given him an appreciation for how well run Culpeper’s courts are.

In a nearby county, which he declined to identify, Close recalled that he had to look though huge piles of unorganized records stacked on tables to research a case.

Next week at the final meeting of the academy, we’ll get to practice what we’ve learned when we put the fictitious case of Mr. Speed E. Driver on trial.

Nate Delesline III can be reached at 825-0771 ext. 110 or .