attorney

Morning Notes

By ARLnow.com
The pedestrian bridge over Wilson Blvd in Ballston (staff photo by Jay Westcott)

Police Looking for Missing Teen — “ACPD is seeking assistance locating 15-year-old Alejandro… Described as a Hispanic male, 5’8″ tall, 145 lbs with brown eyes and half yellow/half black curly hair. He has ear piercings, a nose piercing and wears a silver dog chain necklace.” [Twitter]

Another Missing Teen — “ACPD is seeking assistance locating 14-year-old Anderson… He is described as a Hispanic male, approx 5’7 tall and 130 lbs. Last seen wearing a black sweat shirt, gray pants and black sneakers. He is known to frequent Rocky Run Park and CVS (2121 15th St N).” [Twitter]

W-L Name Change Attorney Disbarred — “A Virginia state court has disbarred Jonathon Moseley, an attorney who has represented a slew of high-profile Jan. 6 defendants, including a member of the Oath Keepers charged with seditious conspiracy, as well as several targets of the House select committee investigating the attack on the Capitol.” Moseley also represented opponents of changing the name of Arlington’s Washington-Lee High School to Washington-Liberty. [Politico, ARLnow Comment]

Another Drug Take-Back Day Planned — “On Saturday, April 30, 2022, from 10 a.m. to 2 p.m., the Arlington County Police Department (ACPD) and the Drug Enforcement Administration (DEA) will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused and unwanted prescription drugs. This disposal service is free and anonymous, no questions asked.” [ACPD]

Fmr. APS Superintendent Leaving WV Job — “Among 75 personnel transactions during Monday night’s Berkeley County Board of Education meeting, district Superintendent Dr. Patrick K. Murphy announced his retirement, which was unanimously accepted by the board along with the other movements.” [The Journal]

Historic Home Reopens — “The Ball-Sellers House, one of the few surviving examples of working-class 18th-century housing in Northern Virginia, reopened for the 2022 season on April 2. Owned and maintained since the 1970s by the Arlington Historical Society, the house will host a number of programs in 2022.” [Sun Gazette]

Nearby: MoCo Wrangles Over Housing — “In the D.C. region, where local governments are struggling to address a severe housing shortage that is driving up prices, elected officials are under growing pressure to push back against civically engaged homeowners who mobilize against new housing construction. Montgomery County, an affluent D.C. suburb that has experienced transformative growth and demographic change in the last 30 years, exemplifies how hard that can be.” [DCist]

It’s Thursday — Rain throughout the day, until evening. High of 56 and low of 48. Sunrise at 6:45 am and sunset at 7:39 pm. [Weather.gov]

New AG will pursue state housing discrimination inquiry into Serrano Apartments

By Jo DeVoe
Serrano Apartments (via Google Maps)

Attorney General Jason Miyares won’t be axing a state investigation into potential housing discrimination against residents of the Serrano Apartments launched under his predecessor.

Early last week, the civil rights division of the Office of the Attorney General — led by former AG Mark Herring — began searching for evidence of discrimination against tenants based on their race, national origin and disability by local affordable housing developer AHC Inc., which owns the Columbia Pike affordable housing complex.

“The ultimate goal of this inquiry is to determine whether unlawful discrimination is taking place, and if so, to eliminate those discriminatory practices and ensure that non-discriminatory housing opportunities are available to all,” two attorneys with the OAG’s Office of Civil Rights division said in a letter to the local branch of the NAACP requesting any information the group may have.

A few days after the letter was sent, the future of the investigation was thrown into jeopardy when Miyares fired at least one of the letter’s co-authors, Helen Hardiman, after taking office last weekend, the Richmond Times-Dispatch reported.

His dismissal of 30 staff — including 17 attorneys, the Richmond newspaper reports — generated a buzz over how his office will treat civil rights violations in Virginia.

Despite these changes, the inquiry into the Serrano apartments is set to go forward, Miyares spokeswoman Victoria LaCivita said.

“The inquiry into the housing conditions will absolutely still happen and any wrongdoing found will be pursued to the fullest extent of the law,” LaCivita tells ARLnow. “We’ve brought in a team full of bright and dedicated lawyers who are looking forward to examining every case with a fresh perspective and working with the OAG staff.”

The inquiry, which the local branch of the NAACP publicized on Wednesday, comes nine months after residents and advocates told ARLnow about the poor living conditions at the Serrano (5535 Columbia Pike). They described rodent infestations and mold as well as deferred maintenance and disrespectful treatment by management.

In response, AHC says it has made a number of changes under the eye of the Arlington County Board, undertaking repairs, installing new leadership, adding communication channels and establishing a claims process for damaged belongings. The saga has inspired a handful of bills going before the Virginia House of Delegates and now, the OAG’s investigation.

Tenant advocates say they’re encouraged the Serrano saga reached the state level at all.

“It set a precedent,” longtime advocate Janeth Valenzuela tells ARLnow. “We want this to continue and I hope that Miyares will see this not as a political thing we are doing.”

The investigation will explore if AHC imposed discriminatory terms on residents or made discriminatory statements based on race and national origin or refused reasonable accommodations for tenants with disabilities, wrote Hardiman and fellow attorney Palmer Heenan.

Susan Cunningham, the interim CEO of AHC, responded to the inquiry in the following statement to ARLnow.

(more…)

Some Arlington Inmates Freed Amid Continued Coronavirus Concerns

By ARLnow.com

At least six inmates in the Arlington County jail have been released ahead of schedule, following the announcement that a sheriff’s deputy tested positive for coronavirus.

The releases came after the public defender’s office filed motions with Arlington Circuit Court to reconsider the sentences of around 20 inmates, a day after the April 23 announcement. Public Defender Brad Haywood says he also petitioned Virginia Gov. Ralph Northam for clemency for 63 local inmates, though that request is still pending.

“We have spoken with the administration and they appear to be taking the request seriously,” Haywood said of the petition. “We are providing more detailed information to them at their request. No movement yet, but we remain optimistic.”

Jails and prisons across the U.S. have been especially vulnerable to spread of the virus, with around 5,000 infections and more than 100 deaths attributable to correctional facilities, according to the CDC.

Coronavirus “spreads easily and aggressively from person to person,” Haywood noted in an April 24 letter to the circuit court. “While there are no reported cases of COVID-19 among the Arlington County Detention Facility’s incarcerated population, because of and as evidenced by the Arlington Deputy Sheriff’s positive test, infiltration is inevitable.

“The risk to inmates is going to persist regardless of how effectively the pandemic is dealt with in the community,” he added. “This is a problem that cannot be avoided, and it is quite literally a matter of life and death.”

Haywood has been assisted in his efforts by Arlington’s top prosecutor, who took office at the beginning of the year after running on a criminal justice reform platform, and the Sheriff’s Office, which runs the jail. All three have been working to reduce the inmate population during the pandemic.

“Pretty early on, the public defender and I, and the Sheriff and I, got together and realized that what we really needed to do was thin out the jail population, both for the safety of the people who were incarcerated and also for the safety of the Sheriff’s deputies,” said Commonwealth’s Attorney Parisa Dehghani-Tafti, during an online town hall about a week ago.

“We started going through the lists to ask the question, for each person do they really need to be there? So we were pulling files and proactively calling defense attorneys and suggesting they file motions for reconsideration,” she continued. “The public defender was doing this at exactly the same time. We’re lucky that we have a good relationship and so we were talking about the cases and collaborating.”

Despite concerns for the incarcerated, Tafti said it’s not realistic to empty the jails completely.

“Obviously we can’t let everybody out, but trying to get as many folks, and to be as surgical as possible — to ask the question: is this person really going to flee or is this person really going to reoffend?” said Tafti.

There has been a 25-30% reduction in prison population “over the past few months,” according to Tafti. Judges, meanwhile, haven’t always been as receptive to the idea of releasing inmates as the prosecutor’s office. The Washington Post reported in March that at least one Arlington judge was pushing back against recommendations to release certain inmates.

Arlington County police are contributing to the thinning of the jail population, Tafti said, in part by being more selective about who is held in jail and who is released pending trial.

“[Police] are actually issuing summonses more than arresting people, so they’ve tried to pull back that way,” she said. “In the initial bond hearings we’re still trying to be as surgical and careful as possible, and make sure as many people [get bail] as possible.”

Tafti said her office no longer asks for cash bail, but depending on circumstances still has to ask for some detainees to be held. It’s a tough decision, though, given the health risks in jail.

“It’s important that we don’t put them in a position where they’re likely to get sicker when they haven’t been convicted of a crime yet,” she said.

Morning Notes

By ARLnow.com

Confusing Lane Markings on I-395 — “Drivers are complaining about mis-matched lane striping on… 395 South near Shirlington.” [NBC 4, Twitter]

New Taco Restaurant Eyeing Arlington — Wild Tacoz, which recently opened in the Falls Church area, is aiming to become a local chain with future locations in Arlington and elsewhere. [Tysons Reporter]

Pedestrian Struck Near Clarendon — “A woman was just struck by a car on N. Pershing Drive at Fillmore Street in Lyon Park. Only minor injuries reported. Police and firefighters on scene.” [Twitter/@ARLnowDOTcom]

Dems Push for Higher Wages at DCA — “Delegates have signed a letter urging the Metropolitan Washington Airport Authority to ensure contracted workers at Reagan National Airport and Washington Dulles International Airport reach $15 per hour by 2023. Their $12.15 hourly wages are far lower than D.C.’s $15 minimum wage and many East Coast airports.” [Press Release]

Crystal City Hilton Sold — “Starwood Capital Group has made its second acquisition in the area around Amazon HQ2 this year. The Miami-based firm acquired a 393-room hotel in Crystal City from a fund affiliated with JBG Smith for $73M.” [Bisnow, Washington Business Journal]

Housing May Dominate Budget Discussion — “Board members directed, as part of their fiscal 2021 budget guidance to County Manager Mark Schwartz, that budget plans include an option to increase affordable-housing funding to as much as $25 million, a 56-percent increase from the $16 million Affordable Housing Investment Fund (AHIF) funding approved for the current fiscal year…. [but] raising expectations of affordable-housing advocates could pit them against proponents of other budget priorities.” [InsideNova]

Local Defense Attorney to Serve as Fairfax Prosecutor — “Fairfax County Commonwealth’s Attorney-elect Steve Descano… announced last Wednesday (Nov. 27) that he intends to have Terry Adams, a private defense attorney in Arlington, take on the role of Chief Deputy, lauding his 14 years working on criminal and civil cases in Virginia.” [Tysons Reporter]

ACFD Assists With School Project — “Tower 104 assisted students [at] Science Focus School today with their annual egg drop. The students were able to collect some data & a good time was had by all.” [Twitter/@ArlingtonVaFD]

Photo courtesy Dave Statter

Amid Primary Campaign, Defense Attorneys Sign Letter Opposing Prosecutor

By Airey

(Updated at 3 p.m.) Dozens of local attorneys have signed a blistering letter criticizing the tactics of prosecutors in Arlington.

The letter — signed by criminal defense and civil rights lawyers — comes as Commonwealth’s Attorney Theo Stamos, the county’s top prosecutor, is engaged in a primary election battle.

The two-page letter is signed by 109 attorneys who say the county treats minorities and people with mental illnesses unfairly. Stamos, however, says its a “political hit job” for her re-election campaign.

A section of the two-page letter, which was sent to ARLnow, reads:

We are concerned that nearly 98% of felony convictions in Arlington are the result of the defendant pleading guilty, exceeding the rate in all local jurisdictions (Alexandria: 91%; Fairfax/Loudoun: 93%) and even in the federal courts (97%). We are concerned that the low incidence of trials in Arlington is mainly due to overcharging and the fear of harsh consequences if a defendant does not accept a plea bargain.

We are concerned that Arlington convicts defendants of felonies at more than twice the rate of neighboring jurisdictions, despite its very low crime rate. We are worried that this reflects a culture of overcriminalization.

The county’s chief public defender, Brad Haywood is one of the signatories. He told ARLnow today (Friday) that, “the policies and practices of the Arlington County Commonwealth’s Attorney’s Office are precisely those that have led our criminal justice system to where it is now: broken and in need of change.”

“Among all Northern Virginia jurisdictions, there is a consensus among defense attorneys that Arlington is the most difficult environment in which to obtain fair results, and the fact that so many attorneys were willing to take a professional risk by putting their names on this letter bears that out,” Haywood said.

“I think I have to say that this effort and the timing of it is nothing more than a political hit job,” Stamos told ARLnow.

Stamos is running for re-election this year and is faced by Democratic challenger, former public defender Parisa Dehghani-Tafti. The two attorneys recently debated about convictions for first-time marijuana possession and other criminal justice hot topics, which have also entered the national political conversation.

“I can’t speak to the rates of felony convictions in other jurisdiction,” Stamos said today in response to the defense bar’s letter. “But a high percent of felony convictions in our District Court is a good thing because it means we’re not indicting cases that we don’t have the evidence to prove.”

The letter also criticizes Stamos for her policy on the discovery process that allows defense attorneys access to their client’s case records before a trial:

We are concerned that the Arlington County Commonwealth’s Attorney’s discovery policy, which prohibits the use of technology to obtain copies of police reports and other documents, places unique and arbitrary restrictions on the discovery process, making it needlessly difficult for defense attorneys to be prepared for trial. We believe that real open file discovery would make the process more fair for defendants and make the criminal process much more reliable and efficient.

Stamos has said that the policy relies on manual discovery because that helps protect victims’ privacy and safety. As part of her campaign, Stamos has highlighted the endorsements she’s received from 50 local attorneys.

The letter is not the first time the public defender’s office has criticized the prosecutor for what he says is unjust application of the law. When ARLnow investigated a little-known provision allowing law enforcement to jail “habitual drunkards” in January, Haywood said the county should, “stop pretending we’re making the situation better by locking sick people away so the public can’t see them.”

A few months earlier, he also called Stamos’ cash bail reform “misleading.”

Today, Stamos accused Haywood of circulating the letter because he was “all about defeating” her campaign in the upcoming June primary by supporting Dehghani-Tafti.

Stamos also had words for the other 108 attorneys who signed, saying that “more than half the individual on the list don’t practice law in Arlington with any regularity if at all. And they don’t know me and I don’t them.”

(more…)

Morning Notes

By ARLnow.com

Rosslyn in the fall (Flickr pool photo by Kevin Wolf)

Dogs Die in Seven Corners Fire — Two dogs perished in a Sunday morning house fire in the Seven Corners area, although three dogs and four people were able to make it out of the burning home okay. Arlington County firefighters responded to the scene, assisting Fairfax County units in battling the blaze. [Fairfax County Fire and Rescue]

Water Main Break in Fairlington — Parts of north Fairlington had low or no water pressure for most of the day Monday due to a water main break. [Twitter]

Remembering Obama’s Local Bookstore Visit — Even four years later, not a day goes by when One More Page Books owner Eileen McGervey doesn’t hear from someone about the time in 2012 when President Obama visited her store on Small Business Saturday. She recounted how it happened recently on a local public radio show. [WAMU]

Carpool Still Hanging On — Once believed to be closing this fall to make way for a redevelopment, popular Ballston bar Carpool is now likely to remain open through March 2017, co-owner Mark Handwerger tells ARLnow.com. The Washington Business Journal reported last month that the redevelopment has hit a bit of a snag.

Yorktown Senior Joins Chamber — Mark Yates, Jr., a senior at Yorktown High School and the founder of a lawn care business, has joined the Arlington Chamber of Commerce as a member after participating in the Chamber’s Young Entrepreneurs Academy. [Arlington Chamber]

Jonathan Kinney Honored — Prominent local attorney Jonathan Kinney was honored by the Arlington Community Foundation earlier this month, in front of a record luncheon crowd of nearly 400. Despite his low-key demeanor, Kinney, a land use and estate planning attorney, was described as “Arlington’s most indispensable citizen.” [InsideNova]

Flickr pool photo by Kevin Wolf

Morning Notes

By ARLnow.com

Blooming in Barcroft (Flickr pool photo by Dennis Dimick)

VDOT Holds HOT Lane Meeting — Last night VDOT gave the first formal public presentation of its plan to expand the I-395 HOV lanes and convert them to High Occupancy Toll lanes. The meeting was held at Wakefield High School and addressed issues from toll pricing to transit improvements to sound walls. [WTOP, Fox 5]

Bike-on-Bike Crashes Problematic for the Law — A new article asserts that Arlington County Police normally do not file reports for bike-on-bike crashes. “This is a bike accident. Life happens,” an officer reportedly told a victim after one recent incident. Incomplete or nonexistent police reports have frustrated victims and attorneys seeking legal redress — and led to the hiring of private investigators who try to gather evidence and find witnesses. [Washingtonian]

Disability Advocates Protest in Arlington — Disability rights advocates made their frustrations personal yesterday by protesting in front of the Arlington home of Vanita Gupta, head of the U.S. Justice Department Civil Rights Division. [Disability Scoop]

Proposal: Allow Older Cabs in Arlington — The Arlington County Board on Saturday is expected to consider a policy change that would allow older cabs on the road, among other changes. Currently, cabs entering service may be no older than two years old and then must be retired after reaching seven years old or 350,000 miles. Recognizing advances in vehicle reliability, the new policy would do away with the two year provision and set the maximum age of cabs at 10 years old. [Arlington County]

Free Donuts for Lawyers Today — It’s Be Kind to Lawyers Day and to mark the occasion Sugar Shack Donuts on Columbia Pike is offering a free “house donut” to lawyers today. Sugar Shack is also beginning a promotion that will give select customers free donuts to distribute to their favorite local teachers. “To participate, folks just need to use the hashtag #Treats4Teach to tell us on Facebook or Twitter why they should be picked to deliver donuts to their local school teachers and to which school,” said a press release.

Nice Weather at Last — After this morning’s rain, expect clearing skies and pleasant weather that should stretch into next week. [Twitter]

Flickr pool photo by Dennis Dimick

Morning Notes

By ARLnow.com

Crowd of commuters outside waiting outside the Rosslyn Metro station on Monday (Flickr pool photo by Alves Family)

NORAD Flyover Exercise Tonight — NORAD will conduct a flyover exercise tonight that may be noticed by Arlington residents. The exercise will take place between midnight and 2:00 a.m. [Twitter]

Bean Kinney Attorney’s Attack Detailed in Court — In court testimony in Fairfax County, attorney Leo Fisher and his wife, Susan Duncan, described the vicious home invasion attack allegedly carried out by the husband of an attorney Fisher fired at the Arlington law firm of Bean, Kinney & Korman. Fisher said the man “slit my throat” and Duncan described being stabbed repeatedly in the upper body and being nearly shot in the head. [Washington Post]

No ‘Real Solution’ Yet for Pike Transit — An urban design and transportation writer is alleging that Arlington County Board member John Vihstadt has yet to propose an effective alternative to the planned Columbia Pike streetcar system he helped to scuttle. [Greater Greater Washington]

More School Board Endorsements — In the race for the Democratic endorsement for Arlington School Board, candidates have picked up some key endorsements in the past week. Former School Board member and current County Board member Libby Garvey says she’s endorsing Sharon Dorsey, as is former School Board member Frank Wilson. Reid Goldstein, meanwhile, has picked up the endorsements of County Board Chair Mary Hynes and former School Board member Ed Fendley.

Flickr pool photo by Alves Family

Morning Notes

By ARLnow.com

Decorative grass blowing in the wind in Rosslyn

Zimmerman Pushes Back Last Day — County Board member Chris Zimmerman’s last day in office will be Feb. 10, rather than late January as originally planned. As a result, the special election to replace him on the Board will likely have to be held in early April. [Sun Gazette]

Henry Elementary Wins Accolade — Arlington’s Patrick Henry Elementary School, in the Arlington Heights neighborhood, has been recognized as a Title I Distinguished School. “Henry is one of 55 schools honored for raising the academic achievement of economically disadvantaged students,” Arlington Public Schools said in an email.

Arlingtonian Tapped as Solicitor General — Arlington resident Stuart Raphael has been named as Attorney General Mark Herring’s pick for Virginia Solicitor General. Raphael, a UVA law school graduate, is husband to Arlington School Board Chair Abby Raphael. [Sun Gazette]

Va. Bars Can Now Advertise Happy Hours — Starting Jan. 29, restaurants in Virginia will be allowed to advertise the fact that they offer happy hour specials. That’s the result of new Va. Dept. of Alcohol Beverage Control rules. However, restaurants are still not allowed to advertise the price of the drinks on special. Other alcohol-related “blue laws” that remain in effect in Virginia include a ban on open bars with unlimited drinks and a ban on serving mixed drinks by the pitcher. [Washington Post]

ART Bus Schedule Changes Now in Effect — Schedule changes went into effect today (Monday) for Arlington Transit bus routes 41, 42, 45 and 77. [Arlington Transit]

Howze Wins Straw Poll — On Saturday, Arlington County Board hopeful Alan Howze won an informal Democratic straw poll at a legislative session “send-off” for Del. Alfonso Lopez. Howze captured 59 percent of the vote, while fellow Democratic candidates Cord Thomas and Peter Fallon garnered 25 percent and 16 percent respectively. [Alfonso Lopez]

Volunteer Opp: Lawyers and Law Students Needed

By ARLnow.com

The National Alliance on Mental Illness is looking for a few good barristers.  Here’s the listing from Volunteer Arlington:

NAMI (National Alliance on Mental Illness), the nation’s largest grassroots mental health organization dedicated to improving the lives of individuals and families affected by mental illness, seeks volunteer attorneys and law students to provide general legal information and referrals (not legal advice) to people affected by mental illness issues.

NAMI’s 1,100+ affiliates engage in advocacy, research, support and education. Its members are families, friends and people living with major depression, schizophrenia, bipolar disorder, obsessive-compulsive disorder (OCD), panic disorder, post-traumatic stress disorder (PTSD) and borderline personality disorder.

Volunteers must have law degree or be in law school, have good oral and written communication skills, sensitivity to people affected by mental illness issues, and conscientious work habits. Must be available at least 4 hours a week between 10 am and 6 pm weekdays for, ideally, at least 6 months.

NAMI is located at 3803 N. Fairfax Drive, in Courthouse. Anyone interested in this opportunity should contact Maggie Scheie-Lurie at 703-516-0689.