Serving the Northern Virginia Legal Community JOURNAL · 2––Fairfax Bar Journal • May/June...

JOURNALServing the Northern Virginia Legal Community

Newsletter of the Fairfax Bar Association www.fairfaxbar.org May/June 2017

see Board Member Profiles on page 4

FAIRFAX BAR ASSOCIATION

New Officer & Board Members 2017- 2018

FBA BYLAWS AS THEY RELATE TO THE ELECTION OF OFFICERS:During any year in which the candidates running for election to At-Large Directors

under this Section and to Vice-President under Article VII(2) hereof are uncontested,

such elections will not be held and instead, such candidates shall assume office

beginning July 1 of the FBA’s next fiscal year.

BOARD MEMBERS

INCOMING VICE-PRESIDENT

Luis A. Perez, Esq.Luis A. Perez, P.C.

in the FBA including: member ofthe Fairfax Bar Board of Directorswhere he currently serves on theExecutive Committee as Treasurer;Past President of the Fairfax LawFoundation; and member of the FairfaxJuvenile and Domestic RelationsCommittee, where he served as itsChairman in 2008-2009. Luis hasparticipated in putting together CLEseminars sponsored by the Fairfax Bar.He has been actively involved inseveral committee assignments,including the Juvenile and DomesticRelations Structure SentencingCommittee, the Chocolate LoversFestival Committee, and the Juvenileand Domestic Relations District CourtManual Drafting Committee. Luis isalso a volunteer with the FBA’s probono and conciliation programs.

Luis has been an active member ofthe Fairfax Bar for the past 20 years.In addition to attending various Barevents and conferences on a regularbasis, he has taken an active role

Christopher Costa, Esq.Fairfax County Attorney’s Office

Incumbent

Lacey Ullman Conn, Esq.Thomas, Thomas & Hafer LLP

Incumbent

Joseph B. Dailey, Esq.Law Office of

Joseph B. Dailey PLLCIncumbent

K. Leigh Taylor, Esq.The Susan Hicks Group, PC

Robert M. Worster III, Esq.Cooper Ginsberg Gray

PLLC

2––Fairfax Bar Journal • May/June 2017

All articles or advertising submitted to theFairfax Bar Journal are subject to the

editor’s approval. The editor reserves theright to reject any submissions that,

in the opinion of the editor,are inappropriate for the Journal.

Executive Director/EditorCourtnie L. Norris • 703-246-2732

[email protected]

Communications CoordinatorHilary Pickle • 703-246-3721

[email protected]

Graphic Design/Space AdvertisingAnn Hill Thornton • 703-743-9375

[email protected]

Classified AdvertisingLauren Portillo • 703-246-2734

[email protected]

FAIRFAX BAR JOURNALOfficial Newsletter of the

Fairfax Bar Association4110 Chain Bridge Rd., Suite 216

Fairfax, VA 22030-4009Telephone: 703-246-2740

Fax: 703-273-1274 [email protected]

Officers 2016-2017

President ........... Richard A. Gray ............ 703-896-7663

President-Elect . Thomas W. Repczynski .. 703-745-1800

Vice-President ... Christie A. Leary. .......... 703-359-7111

Past President ... Douglas R. Kay ............ 703-745-1800

Treasurer ........... Luis A. Perez ................. 703-931-0804

Secretary ........... Donna R. Banks ............ 703-324-2421

Gen. Counsel .... Richard F. Gibbons, Jr. . 571-432-0200

Board of Directors 2016-2017

Aaron J. Christoff .................................... 703-872-7287

Lacey Ullman Conn ................................ 703-813-4400

Christopher A. Costa ............................... 703-324-2421

Joseph B. Dailey ...................................... 703-863-6784

Valerie E. Hughes .................................... 703-273-0711

John A. Kassabian .................................... 703-750-3622

Gina L. Marine ......................................... 703-696-8912

Patrick K. Burns ...................................... 202-399-1009Young Lawyers Rep.

The highest of distinctions is service to others.(King George VI)During the past year I have had the pleasure to appear andspeak on behalf of the Fairfax Bar Association in many waysand at many events, including presenting the judicial robesto four of our Judges at their investitures; speaking at theswearing-in ceremony last October for Court AppointedSpecial Advocates (CASA) in the Fairfax Juvenile and Domes-tic Relations District Court; speaking at the annual State of the Judiciary luncheon inDecember; speaking before the Northern Virginia Delegation on behalf of the FBA’sefforts on judicial funding at the annual citizen forum held at the Fairfax GovernmentCenter in January; presenting at the Bar Leadership Institute on the FBA’s ConciliationProgram this past March; and among other events, planning and implementingprograms and activities, such as the annual convention held this past September-October in New York City, and the Royal Masquerade-themed Bench Bar Dinner Dancein March of this year. Each of these events has been rewarding, as well as challenging,while I simultaneously endeavored to maintain an active law practice. I can tell you thatI have enjoyed every minute of serving as your President this past year and the rewardsI have gained from this service to our members will stay with me for a lifetime. I want tothank the FBA’s Board of Directors and Officers who have supported my initiatives duringthe year, and also thank the FBA staff and each member of our Association who hasturned out at the events that the FBA has sponsored throughout the year in service to ourmembers.

For those of you who joined me, and the FBA Board and staff at the convention in NewYork City, the reviews, by all counts, marked this as a successful trip that includedworthwhile CLE’s, free time for sightseeing, theatre outings, and dining at Michelin star-rated restaurants. Some attendees even took in a Yankees baseball game. There wastruly something for every member’s taste and interest. This year, the FBA is headed toNemacolin Woodlands Resort in Farmington, PA between October 19th-22nd and Ihope that you and your family will consider joining incoming President Tom Repczynski,myself, and many others for an exciting and rewarding weekend of events, including upto 12 CLE hours (including 2 ethics CLE credit hours), golf, yoga, and a world class spa.It’s the President’s signature event each year and you will not regret spending abeautiful fall weekend in the mountains of Pennsylvania with family and friends.

As I mentioned, I had the pleasure of speaking on behalf of the FBA at the investiture ofJudge Todd G. Petit on his appointment to the Fairfax Juvenile and Domestic RelationsDistrict Court; at the investiture of Judge Susan J. Stoney on her appointment to theFairfax General District Court; and at the investitures of Judge Thomas P. Mann andJudge Richard E. Gardiner on their appointments to the Fairfax Circuit Court. These areuplifting and enjoyable events celebrating the best of our democracy with newly-electedJudges starting their careers, or furthering their careers on the bench. If you haven’tattended an investiture yet, you will have two opportunities this year to attend with theinvestitures of Judges David Bernhard and David A. Oblon to the Circuit Court bench. Iurge you to attend.

During this past year your FBA Board of Directors and Officers have dealt with judicialfunding issues, which the members may have grown tired of reading about, but whichhave not gone away. We were successful in securing full funding for our Circuit CourtJudgeships with the strong support of Delegate David Albo, Senators Chap Peterson,Janet Howell, Scott Surovell, and the entire Northern Virginia Delegation. For the firsttime in many years, the Circuit Court will have all 15 judge positions filled comenext January. We still have work to do in filling the vacancies in both the Juvenileand Domestic Relations District Court and the General District Court which are eachdown one Judge. Anyvacancies on our courts delay and impede the timely and fairadministration of justice. I urge each member to actively support our delegation inits efforts in Richmond during this funding cycle to get these vacancies filled. I havepublished a full listing of all important contacts to the general assembly in a prior Bar

“The Highest of Distinctions is Service to Others.”(King George VI)

President’s ColumnBy Richard A. Gray, Esq.

continued on page 12

May/June 2017 • Fairfax Bar Journal––3


Robert M. Worster III, Esq. - Cooper Ginsberg Gray PLLCRobert has served as an Ombudsman to a Fairfax CountyCircuit Court Judge and has been an active member of the FBADomestic Relations Subcommittee since 2010, serving as theCo-Chair since 2016, where he presented CLEs on ImputingIncome and Pendente Lite Procedures, as well as organizedmultiple “brown bag” legal education seminars. He has alsoserved on the Pro Bono Subcommittee and as Co-Chair of thePro Se Subcommittee since 2016. He has volunteered for theLSNV Attorney of the Day Domestic Violence Program since2010, as well as the Embry Rucker Shelter and Katherine HanleyHomeless Shelter. He has also been a member of the CircuitCourt Committee since 2009, where he has drafted multiple revi-sions to the Circuit Court Manual. He regularly participates inmany of the annual FBA events and programs, in addition to gen-erously sponsoring Fairfax Law Foundation events, including Jazz4 Justice, the Paralegal Valentine's Day Project, the Law DayWeiner Roast, Society of Fellows, the Paralegal Book Drive, andthe annual Heroes vs. Villains Run for Justice 5K.

BOARD MEMBER PROFILEScontinued from page 1

Lacey Ullman Conn, Esq. - Thomas, Thomas & Hafer LLPLacey has served as a member of the FBA Board of Directors forthe last two years, where she sits on the Budget and InvestmentCommittees and is the liaison to the General District CourtCommittee. In the past, she has served as a board memberand president of the FBA's Young Lawyer Section. As a younglawyer, she also sat on the boards of both the Fairfax LawFoundation and FBA. Lacey is active with FBA programs,including the Court Tour program and the Heroes vs. VillainsRun for Justice 5K. In addition, she participates in the Attorney ofthe Day Program through Legal Services of Northern Virginia.

Christopher Costa, Esq. - Fairfax County Attorney’s OfficeChristopher has served on the Board of Directors since 2014and has been actively involved in numerous committees andprograms including the Legislative Committee (Member 2009-10, Chair 2010-13, and Co-Chair 2013-14); the General DistrictCourt Committee (Member 2009-present); the Circuit CourtCommittee (Member 2010-2011); the Judicial Funding TaskForce (2010-present); and the Law Library Committee (2017).He supported the Electronic Summons Bill with the LegislativeCommittee, leading to the passage of HB 477 in the 2013 Gen-eral Assembly. He assisted FBA staff organize Congressionalcandidate debates co-sponsored by the Medical Society ofVirginia, as well as the State Legislative Overview Breakfast inthe Spring. Christopher received the President’s Award forOutstanding and Dedicated Service in 2010-11 and 2012-13,and helped coordinate the newly-comprised ConciliationProgram for the Circuit Court while serving on the Circuit CourtCommittee’s Civil Subcommittee. He has volunteered at theannual Heroes vs. Villains Run for Justice 5K for several years,and attends multiple FBA events, luncheons, and otherprograms.

K. Leigh Taylor, Esq. - The Susan Hicks Group, PCLeigh is actively involved in the FBA Circuit Court Committee,where she has been a member since 2007, and served asthe Chair since 2015, as well as the DR Sub-Committee Chairfrom 2013-2015. She participates in numerous other commit-tees, including the Pro Bono Committee (Member 2004–Present, Chair from 2008–2013); the Law Related EducationCommittee (Member approx. 2004-2006); and the FBAConvention Committee (Member 2007-2008, Cruise Conven-tion Year). She was the recipient of the James Keith Public Ser-vice Award in 2013 and the President’s Award both in 2007 and2009. During law school, she was also involved as the Concili-ation Program Coordinator (1999-2001).

Joseph B. Dailey, Esq. - Law Office of Joseph B. Dailey PLLCJoseph is the previous Chair and active member of the Juvenileand Domestic Relations Court Committee and is also involvedas a member of the General District Court Committee, CLECommittee, and the Judicial Funding Task Force.

MARCHKaley Duncan

Danielle Giroux

David Hainsworth

Taylor Hall

Nadar Hasan

Emily Kidder

Jacob Kipp

Vince Pascarella

Brennan T. Price

David B. Schlosser

Heather Wessel

APRILNermin Abdelwahab

Claudia del Pilar M. Artiga

Janina Crenshaw

Nathan Greyard

William Gvoth

Walter B. Holston IV

Arthur F. Lafionatis

Alexandra Lydon

Corrie E. Sirkin (Johnston)

Melinda Summer

Kristin A. Tisdelle

NEW MEMBERS


RECAPEvery year, bar members, community members, judges, locallegislators, and many civic dignitaries gather at the office ofWeiner, Spivey & Miller, PLC for the Annual Law Day Weiner Roast!This year’s event, the 17th annual, was the perfect way to kick offthe work week, providing plenty of food, entertainment andfellowship after a long Monday at the office. Attendees enjoyedthe sounds of the talented, 20-piece GMU Jazz Ensemble andentertainment courtesy of the Boyle School of Irish Dance. GeorgeMason University President Angel Cabrera was present todeliver the Law Day Proclamation before the presentation of thecolors. The old-fashioned patriotic celebration boasted hand-rolled cigars, a classic shoe shine and delicious catering fromRed Hot & Blue, in true Weiner Roast fashion (brats and wienersonly!).

The event had dozens of generous sponsors, helping to raisemoney for the Fairfax Law Foundation and its many programs.Due to the recent loss of its grant funding, a raffle was held tobenefit the Northern Virginia Pro Bono Law Center, which helpsto provide legal assistance to those most in need, and the FairfaxBar Association was ready to match every dollar donated up to$40,000! The top prizes raffled off included a $100 Amazon giftcard and an Amazon Echo Dot, generously donated by SenseiEnterprises.

Gift cards also were raffled off specifically to the many court clerksin attendance, in appreciation for all they do to keep the courtsrunning smoothly and professionally. A special award waspresented to Suzy Swain, who was recognized for hercontinuous support of the Fairfax Law Foundation’s court tourprogram, even while retired! The rain held off just long enough forall to leave with full bellies and great memories from anothersuccessful and well attended event.

Law Day


THE JUVENILE AND DOMESTIC RELATIONSDISTRICT COURT COMMITTEE

By Razan Fayez, Esq., and Thomas M. Velarde, Esq.,Chairs, Juvenile and Domestic Relations District Court Committee

The Juvenile and Domestic Relations District Court (JDRDC)Committee functions as a liaison between practicing attorneysand the judges of the Juvenile and Domestic Relations DistrictCourt. Meetings are generally held the second Thursday of eachmonth at 12:30 PM in the Court Administrative Training Room#201.1. The stated purpose of the Committee is to provideassistance to the JDRDC bench and practicing attorneys.

The Committee is particularly aware of how the loss of the eighthjudge has impacted the community’s access to justice. The needfor eight judges was deferred in budgeting by the GeneralAssembly until 2018. The JDRDC will have to continue on withonly seven judges until at least 2018, which means there will bedelays in docketing and access to justice. Please be patient withthe Court while we continue to fight for a just resolution.

In an attempt to resolve issues with delays in docketing, the benchrequested that the JDRDC Committee make recommendationsto the Judges regarding suggestions for judicial efficiency. Whilethere were other suggestions that would have been helpful tostreamline cases where attorneys are involved, the Committeewas mindful that many of those who appear in JDRDC are notattorneys. The Committee declined to present recommenda-tions that would be difficult for pro se litigants to understand and/or adhere to. The following practices were recommended by theCommittee: a limitation on discovery to ten questions unlessgood cause shown; a change of status hearings to a term daywith referrals to mediation unless good cause shown; calendarcontrol available to resolve continuances and approvescheduling of emergency hearings; development of a volunteermediation program; modification of Wednesday’s Motions’ docketto allow for court to start at 9:30 AM to check people in, collect timeestimates, and enter agreed orders. To date, the JDRDCCommittee has not yet heard whether the bench will adopt any ofthe proposals.

The JDRDC Committee continued its practice of educatingattorneys about different issues ranging from juvenile justicereformation, probation and juvenile justice, changes in ProtectiveOrder law as it relates to firearms, emergency motions, docketreformation, pro bono opportunities in family law, courtroomtechnology tips, general guidelines from the clerks, and nominat-ing a worthy individual for the coveted Kassabian Award.

With the goal of being more accessible and to have an opendialogue with colleagues, the JDRDC Committee now has anemail address for individuals to send questions, comments, and/or concerns. The email address is [email protected]. Emailsalso may be sent to the Chairs of the JDRDC Committee at thefollowing addresses: Razan Fayez via [email protected] to Tom Velarde via [email protected].

In addition, the JDRDC has begun a new procedure for removingcases from the court’s docket in order to facilitate judicial economy.If you have a fully endorsed agreed order, file a notice and motionfor entry of order. As these Orders will be reviewed on the 8:15 AMadministrative docket with no attorneys present, have the time ofentry at “8:__” on the Order. The preamble should consist of“Comes now the Parties and requests this Court to enter a fully

endorsed Order.” The Motion/Order should be filed with Pre-Courtand a courtesy copy can be brought to Judge’s Chambers with anote that says, “Please leave this in Judge X’s mailbox.” If thematter is being removed from the docket, please put the followingin bold at the end of the Order: “Matter to be removed from TIME,DATE, and COURTROOM” with a line for initials.

Further, Legal Services of Northern Virginia provides volunteerattorneys to help petitioners receive protective orders in thetwo-year protective order hearings, and is always looking fornew volunteers to help represent victims of domesticabuse. Please do your part and volunteer by directing inquiriesto [email protected].

Finally, each year the Committee is tasked with nominating andawarding an individual with the Kassabian Award in honor ofJudge Arnold B. Kassabian, a distinguished and well-lovedJuvenile District Court Judge.The Committee seeks individualswho possess insight, devotion, and compassion for children andfamilies over the course of their career. The award recognizes theoutstanding performance of such an individual as their workdemonstrates dignity, integrity, and a dedication to bettering thewelfare of children and families in the juvenile court system ofFairfax County. The award will be presented at the Fairfax BarAssociation Annual Meeting on June 12, 2017.

GDC ALTERNATIVE TO IN-PERSON DOCUMENT FILINGThe General District Court is piloting a program to expand theuse of the public email address ([email protected]) toaccept more types of documents for email filing. The goal of thisprogram is to provide a more convenient alternative to in-personfiling for all users of the Court. For details, please visit:www.fairfaxcounty.gov/courts/gdc/email.htm.

RECOMMENDED “BEST” PRACTICE” FOR CRIMINALMOTIONS WITH AUDIO OR VIDEO RECORDINGSThe judges of the Circuit Court recommend as a “bestpractice” that counsel attach to a motion to suppress anyaudio or video recording necessary or helpful in resolving themotion. Any objection to the Court considering the recording priorto the hearing should be clearly stated by counsel in the writtensubmission filed with the Clerk.

JUDICIAL SETTLEMENT CONFERENCE PROGRAM NOWAVAILABLE IN FAIRFAX CIRCUIT COURTThe Judicial Settlement Conference Program is a no-cost,confidential process in which the parties meet with a neutral thirdparty (a specially trained retired Circuit Court judge) to exploreoptions for settling their dispute. The conference is generallyinformal. Facilitation and case evaluation techniques arefrequently used. The judge takes an active role in guiding theparties to a mutually satisfactory resolution. The ultimatedecision making regarding settlement, however, is left to theparties. The settlement conference may be used in any civil casefiled in Circuit Court.

The program is fully supported statewide by the SupremeCourt of Virginia. Please call retired Circuit Court JudgeDavid Schell at 703-517-9584 if you wish to participate or haveany questions.

COURT ANNOUNCEMENTS


500+ HOURS OF VOLUNTEER TIME = OVER 4,000 STUDENTS EDUCATEDBy Sonya M. Duchak, Esq.,

Co-Chair of the Law Related Education Committee

Another school year, another 46 Court Tours, 56 DevonshireSessions, five full days of speakers at three High Schools, fivefull days of speakers at three Middle Schools, four visits to threeElementary Schools performing our Mock Trials, and another verysuccessful Chocolate Lovers Festival!

Approximately 4,165 students have had the opportunity this yearto participate in one of the Law Related Education Committee’sprograms. Over 100 attorneys, and many paralegals, too, havevolunteered their time throughout the year, not to mention eightjudges! At least 500 hours of volunteer time have been donated,culminating in another successful year. Here come the credits!

I have to start this article by saying how much I appreciate thehelp of my two co-chairs, Gina Marine and Ed Culbertson. Gina isthe coordinator for the Court Tour Program, and does a fantasticjob of notifying all of the participants on a weekly basis ofpertinent information regarding the Court Tours. She also has tofill those 46 slots with volunteers every year, which is not an easyjob! She does this completely pro bono for the entire school year.Thank you, Gina, so very much for your commitment year afteryear to the Court Tour Program.

Ed has always been there as one of the top volunteers for all theLaw Related Education Programs. He volunteers for numerousCourt Tours and mock trials, and helps every year at theChocolate Lovers Festival. Thank you, Ed, for your continuousinvolvement with the Law Related Education Committee. You arealways there when needed.

Suzy Swain was just recognized by the Fairfax Law Foundation atthe Annual Law Day Weiner Roast for her continuous support,every single week at every single Court Tour, while she is retired!Suzy makes sure the students are greeted at the entrance andguided into a courtroom. With the help of Deputy DeJacques, thestudents are allowed to view a holding cell and given a veryenlightening education of what it is like to be housed at the jail.Suzy, please don’t retire from your retirement job!

A special thanks goes to Doug Landau and the students at RachelCarson Middle School who made it to the finals of the NationalChampionships in Constitutional Law and Civics. As of the timeof the writing of this article, the team from Rachel Carson MiddleSchool made it to the “Final 4” of the annual “We the People”competition. The Law Related Education Committee congratu-lates you, your team of volunteers, and all of the students at RachelCarson!

Finally, I can’t thank all of our wonderful volunteers enough fortaking the time out of their extremely busy schedules to offer toguide court tours, to speak to at-risk youth, to perform fairy talemock trials, to spend a Saturday at the historic courthouse, or totalk to middle school students and high school students. If any-one reading this knows one of the following volunteers, pleasetake the time to thank them for their support of all of the programsof the Law Related Education Committee. Their commitment toour students and our community is greatly appreciated.

Court Tours

Bob Walker*Stephanie Ryan

Hasina LewisEd Culbertson*

Kaamil KhanChris Holley*Nathan Olson*Joanna Faust*Laurie Forbes*Sonya Duchak*

Gene Miller*Joe Jackson*

Richard WexellKathy Stott

Jennifer Bradley*Michelle Owen West

Cheri Belkowitz*Heather Cooper

Lacey ConnKate UntiedtJohn Purdy

Lainie SingermanRobert MillerTania Saylor

Jamie GreenzweigAnne Bunch

Matthew IndrisanoDavid GogalGina Marine

Jonathan PhillipsAlex Laughlin

Daniel SchumackRob Cunningham

Julie Gerock

*Denotes more than one court tour

Devonshire Program

Judge McDonoughJudge Gallahue*

Larry Leiser*Stephanie Dahl*

Joe FigueroaKathy Stott*

Makan Shirafkan*Thomas CarrDavid Gogal

Sylvia SevillaSharon PedersonPhoenix Harris*Cheri BelkowitzDavid Hirsch*

John Kassabian*Erica Laster*Aaron Book*Hasina LewisAlex Aspiazu*

Steven GoldmanJulie Gerock

Lena MunasifiAllen Williams

*Denotes more than one session

Middle School Speakers

Doug LandauJulia Boone

Andrew HarmanAdam SmithMark Yeager

Gerarda Culipher*David Gogal

Richard WexellTiago BezerraJudge Carr

Chris HolleyRyen Rasmus

Makan ShirafkanLaila Raheen

Daniel Robey*Erin Masin

Tom HaddockJoanna Faust*

Lainie SingermanSharon Pederson

Joseph YoonChristopher Costa

High School Speakers

Randolph PerryJudge McDonough

Phoenix HarrisXavier Racine

David HorowitzMatthew McConnell

Hope RosenJennifer Varughese

Judge Capsalis

Mock Trials

Adam KronfeldChris Craig

Allen WilliamsSylvia SevillaSonya Duchak

Tina FewellSteve Bergeron

Anne BunchJay Goldman

Chocolate Lovers Festival

David HirschSarah HensleyJanet Lawson

Tina FewellEd Culbertson

Brandon ChlarsonMakan ShirafkanLainie Singerman

Lauren SmithGina Marine

Joanna FaustNathan OlsonJudge Mann

Judge ClaytonJudge Snee

Judge Stoney

VOLUNTEERS

Thank you all and hope to see you again next year.

RECAP


A brisk start to the morning of Sunday, April 23rd marked the startof a worthwhile tradition, growing in popularity every year—the 8thAnnual Heroes vs. Villains 5k Run for Justice at Fairfax Corner,benefiting the Fairfax Law Foundation! This year’s run had afantastic turnout of over 450 total participants and 60 plusvolunteers who helped make the event seamless and fun for allin attendance. Generous sponsors of the event contributed over$26,000 in support of the Foundation and its many programs.

FBA Member Matt Roberson of Arlington, VA held his positionfrom years prior as the Men’s first place finisher with a time of17:02. For the women, Linda Foley of Herndon, VA was the firstacross the finish line with a time of 21:47. Also finishing the racewere a number of Fairfax County judges, including GeneralDistrict Court Judge Susan Stoney and Circuit Court Judge PenneyAzcarate, who finished in spots 1 & 2 in their age group!

Prizes awarded included Washington Nationals tickets, an over-night stay at the Fairview Park Marriott, an hour massage or facialat Massage Envy, as well as numerous gift cards to PotomacRiver Running, Amazon and Visa as well as favorite restaurantsincluding Bar Taco, Texas de Brazil, Hard Times Café, Cheese-cake Factory, Lost Dog Café, and many more.

Face painting, a photo booth, and eMotion Dance and Fitnessprovided plenty of entertainment for attendees during the eventand the generous post-race buffet kept the crowd fueled as themorning progressed.

Thank you to all of the event’s runners, participants, supporters,attendees, volunteers, organizers, and everyone in between. Yoursupport of events like this allows the Fairfax Law Foundation tocontinue its great work in our local community sponsoringlaw-related education programs, supporting conciliationprograms, and providing pro bono legal services to those whowould otherwise not have access to the courts.

8TH ANNUAL HEROES VS. VILLAINS 5KRUN FOR JUSTICE


Journal article and I refer you to my prior article for this list. Thisyear one of my initiatives has been to promote the FBA’s goodand charitable deeds by asking Aaron Christoff and JohnKassabian, who each serve on the FBA Board of Directors, toprepare and submit to the Virginia State Bar our Association’sapplication for the Conference of Local Bar Association (CLBA)2017 Bar Association of the Year Award. The list of the FBA’scharitable works submitted for this award, in conjunction with theFairfax Law Foundation, include the annual Jazz4Justiceconcert; book drives benefiting the Fairfax girls’ and boys’probation houses; the annual Heroes vs. Villains 5K Race; theParalegal Section’s food drive; and the Young Lawyers’ Toys forTots program. The FBA pro bono efforts include running andadministering the pro bono law center and the neighborhoodoutreach program where attorneys meet with indigent and low-income citizens at various locations in the Northern Virginia areato assist with immigration issues; child support issues; unpaidwage issues; and more. There isn’t space in this article to list allthe Community Outreach and other programs that the FBA runsbut they include the Law Library, the conciliation program admin-istered by Sonya Duchak, the Lawyer Referral Service (LRS), andthe Court Tours Program. The Bar Association of the Year Awardis given out annually at the Virginia State Bar convention inVirginia Beach. The FBA is a worthy candidate for this award basedon all it has done, and continues to do, throughout the year. I hopewe will be deemed worthy when judged against all of the otherstatewide bar associaton submissions, and that I will be able toaccept a justly earned reward on behalf of the FBA this June.

Another initiative I promoted this year, which the Board hasapproved, is the creation of two scholarships to benefit themembers of the FBA and their children. Commencing with the2018 fall school term, the scholarships will be available to twoworthy students each year who demonstrate diligence andcommitment to their studies, academic excellence, and aninterest in the pursuit of law or law-related study. Applicantsmust be attending an accredited secondary or post-secondaryeducational institution; have a grade point average of at least 3.0during high school (and college or law school, if applicable); andmust be accepted, or expect to be accepted, prior to the start ofthe 2018 fall semester into post-secondary education, trainingand pursuing education in the law. Applications for the 2018Scholarships will be available in early January or February of2018 through the Bar office on the FBA web site at www.fairfaxbar.org.

Finally, I want to encourage our members to attend the upcomingAnnual Luncheon of the FBA being held at Maggiano’s Restau-rant at Tysons Corner on June 12th. In addition to the President’sawards I will be giving out, we will be presenting the Hon. ArnoldB. Kassabian Award in recognition of a special person whosework has positively influenced the community which is served bythe Fairfax County Juvenile and Domestic Relations District Court,and to commend an outstanding individual who has performedwith dignity and dedication to advance the welfare of children andfamilies in the Fairfax J&DR District Court in the tradition of thelate Judge Arnold B. Kassabian. We will also be installing TomRepczynski as President for the 2017-2018 year starting July 1st.Please plan on joining us.

In closing, it has been a pleasure and an honor to have servedthe Fairfax Bar Association and its members this past year. Asalways, please feel free to contact me or the FBA staff if we can beof assistance to you in your practice.

President’s Columncontinued from page 2

Five Reasons You Should Attend FBA CLEsby James N. Markels, Esq., Chair, CLE Committee

Every day I get several emails advertising CLEs on a varietyof topics, all of which are available online or by telephone. Forlawyers who are desperate to just knock out their MCLErequirements, the allure of easy credits from the comfort of theoffice must be pretty tantalizing. Resist that urge. Here are fivereasons why you should come to the Fairfax Bar’s CLEs instead:

First, FBA CLEs are an invaluable opportunity to meet and interactwith your fellow Fairfax practitioners and members of the Fairfaxbench. FBA CLEs almost always feature one or more judgesfrom the Fairfax courts on each panel, so you can hear what thelocal bench is currently thinking about topics that affect yourpractice and ask the judges questions outside of the courtroomsetting. You will also run into other Fairfax lawyers who may turninto referral sources, mentors, and friends. The strength of ourBar is founded in our relationships and mutual professionalrespect for one another. In an age of text messages and email,forging those bonds in person is more important than ever.

Second, we strive to put on CLEs that are of a particular topicalinterest to Fairfax practitioners. Fairfax is a big, diverse county ashort distance from the seat of federal power in D.C. Lawyerswho serve this area face cutting-edge legal problems that other,sleepier counties do not. The national CLE providers will onlygive you topics of broad application, without any insight into theparticulars of practice before the Fairfax courts or the particularkinds of problems Fairfax clients face. The FBA CLE Committeelistens to the bench and bar to discern which issues are hot inFairfax, and crafts CLEs to meet those needs. You can evensubmit your ideas to us here:

http://www.fairfaxbar.org/page/CLEProposalWe look forward to your input!

Third, our CLEs are conveniently held at the courthouse, whereyou already come for hearings and trials. For those transactionallawyers in Tysons Corner, we are starting to hold more of ourbusiness and transactional CLEs there to make your travelseasier.

Fourth, Fairfax Bar CLEs are affordable. At only $35/credit hour forFBA member attorneys, they are cheaper than the programsavailable through the Virginia Law Foundation. Plus, every year inthe fall we offer a free CLE with two hours of ethics—in one fellswoop you can satisfy your ethics requirement and half of yourlive CLE requirement for the year, and it is already paid for throughyour FBA dues. You have to admit, that’s a good deal.

Fifth, each year you have to complete four hours of CLE in a livesetting, so you have to get out of your office for some of the creditsanyway. Might as well spend that time with your fellow Fairfaxpractitioners learning about topics that affect your Fairfaxpractice, for the reasons I’ve stated above.

My overall pitch to you is that CLEs are what you make of them. Ifyou choose to view CLEs as a mandatory, onerous burden thatyou strive to satisfy at the least amount of cost and time, then Isuppose those cheap online bundles of programs that have littleor nothing to do with your practice, featuring speakers who havenever set foot in the Fairfax courthouse, are for you. However, ifyou want to use CLEs to be a better practitioner, and even as achance to do some local networking, then the Fairfax Bar’s CLEsare a convenient and cost-effective means of doing it. We lookforward to seeing you at our next CLE!


THE FAIRFAX PUBLIC LAW LIBRARY IN 2017By Ira S. Saul, Esq., Chair, Law Library Committee

The Fairfax Public Law Library is managed under the auspices ofthe Fairfax Bar Association and has been an important BarAssociation responsibility for many years. We serve a broadconstituency, including FBA members and other attorneys; pro selitigants and members of the public; the Circuit Court, GeneralDistrict Court, and Juvenile and Domestic Relations District Court,and the Clerks of these three Courts; Legal Services of NorthernVirginia; the Public Defender; the Fairfax County Police Depart-ment and Fairfax County Sheriff; and the Office of theCommonwealth’s Attorney.

The Law Library Has a Superb Professional StaffThe Law Library is directed by Thomas Pulver, who holds a Mas-ters Degree in Law Library Science from The Catholic Universityof America. Tom has been a professional law librarian for manyyears, having previously worked as a librarian for the predeces-sor to the Hogan Lovells firm. Cathryn “Cat” Butler and AlanKaminer are our capable front-desk law librarians. Both Cat andAlan are attorneys.

The Clerks of the three Courts located in the Fairfax County Court-house and the Judges who sit in those Courts daily refer manylitigants to the Law Library. The Law Library provides forms andresearch assistance to many pro se litigants. Some years ago,the Clerk of the Circuit Court discontinued providing forms andprinted information packets to attorneys and pro se litigants, be-cause of budget constraints. The Law Library is privileged to be aportal of this information, connecting patrons to both printed andelectronic resources. The Law Library is and for many years hasbeen an important part of the safety net for pro se litigants.

Recent DevelopmentsThe Law Library is currently replacing the eight public PCs thatserve our users. A number of the workstations have been in usefor up to nine years and we are pleased to be replacing theseworkstations. The online offerings are a critical part of the LawLibrary’s holdings. The Law Library subscribes to Lexis Advance,WestlawNEXT, HeinOnline, Geronimo CaseFinder, VADER, andVirginia Lawyers Weekly.

All Virginia-specific resources are available electronically and alsoin hard copy. Included in our hard copy holdings are the VirginiaCode, regulations, and many VaCLE materials, which are main-tained on a current basis.

Video TeleconferencingThe Law Library in recent years purchased state-of-the-artvideo teleconferencing equipment. The video teleconferencingequipment is available to Bar Association members as well as toother Court, courthouse, and government personnel. The videoteleconferencing equipment has been made available for videodepositions. Recently, a video deposition with a remote nodelocated in Texas was utilized by a Bar Association member, andwe enabled another party to appear remotely in a court proceed-ing in Toronto, Ontario. The Law Library also makes the videoteleconferencing equipment available for use by Fairfax Countygovernment personnel, enabling users to attend meetingsremotely by video conferencing.

UPCOMING CLEs/EVENTS

FRIDAY, JUNE 2, 2017SUPPORT STAFF ORIENTATION PROGRAM1:30 - 5:30 PMFairfax County Courthouse - 4th Floor Jury Assembly Room$30 Per Registrant

MONDAY, JUNE 5, 2017REPRESENTING CLIENTS IN UNCONTESTED DIVORCES CLEPresented by the Northern Virginia Pro Bono Law Center4:00 PM2.5 MCLE Credits (Approved)Fairfax County Courthouse - 4th Floor Jury Assembly RoomFREE in exchange for representing five (5) uncontested divorce clientsof our partner, Legal Services of Northern Virginia.

WEDNESDAY, JUNE 7, 2017ANNUAL DUI CLE4:00 - 8:30 PM4.0 (1.0 Ethics) MCLE Credits (Pending)Fairfax County CourthouseDinner will be provided$140 FBA Members; $200 Non-Members$100 FBA Young Lawyers; $160 Non-Member Young Lawyers

SATURDAY, JUNE 10, 2017LAWYERPALOOZASponsored by the Young Lawyers Section12:00 - 3:30 PMNottoway Park Hunter House9537 Courthouse Rd, Vienna, VA 22181Sponsorship opportunities available! Contact Lauren Portillo [email protected] or 703-246-2734.

MONDAY, JUNE 12, 2017ANNUAL MEETING LUNCHEON12:00 PM - SOCIAL RECEPTION12:30 PM - LUNCHEON & PROGRAMMaggiano’s Little Italy, McLean, VA$35 for FBA Members; $40 for Non-Members(add $5 if registering after May 30, 2017)

TUESDAY, JUNE 13, 2017DOMESTIC RELATIONS SUBCOMMITTEE CLE ON EVIDENCE1:00 - 2:00 PM1.0 MCLE Credit (Approved)Fairfax County Courthouse - 4th Floor Jury Assembly Room$35 FBA Members; $50 Non-Members$25 FBA Young Lawyers; $40 Non-Member Young Lawyers

WEDNESDAY, JUNE 21, 2017NUTS AND BOLTS PROSECUTING A SUMMONS FORUNLAWFUL DETAINER (COMMERCIAL & RESIDENTIAL) CLE4:00 - 7:00 PM3.0 MCLE Credits (Approved)Fairfax County Courthouse - 4th Floor Jury Assembly Room$105 FBA Members; $150 Non-Members$75 FBA Young Lawyers; $120 Non-Member Young Lawyers

THURSDAY, OCTOBER 19 - SUNDAY, OCTOBER 22, 20172017 FBA ANNUAL CONVENTIONNemacolin Woodlands ResortFarmington, PARegistration is now open!Register online at www.fairfaxbar.org/2017convention.Sponsorships available. Contact Courtnie Norris [email protected] for more information.continued on page 14


Cary Z. Cucinelli and Valerie B. Geiger are pleased to announce themerger of Cucinelli Geiger, PC. The newly-created law firm will be locatedin Fairfax, VA with a satellite office in Reston, VA. Cucinelli Geiger, PC isa boutique law firm that focuses on Elder Law, Estate Planning, andSpecial Needs Planning. For more information please visit us atwww.cucinelligeiger.com, 4084 University Drive, Suite 202A, Fairfax, VA22033, 703-481-6464.

ANNOUNCEMENTS

ShounBach has available subtenant space, which includes up to fourspacious windowed executive offices and up to three support stations,which are completely furnished and nicely situated together for privacy.The space also includees access to conference rooms, pantry/kitchen,copy room, work room, storage, and a full-time receptionist for an officesharing arrangement. Class A building, gym, deli, underground parking,convenient access to Route 50 and I66, and the Fairfax Courthouse.Terms and rent negotiable. Minimum one-year lease. Please contact BernieMcKeever at Transwestern 703-749-9462.

OFFICE SPACE FOR LEASE/RENT

The Law Library is especially thankful to Courthouse IT staff. KitBennett, IT Systems Architect, and David Bartee, CourtroomTechnology Director, regularly provide assistance to the LawLibrary in the operation of our video teleconferencing equipment,for which we are extremely grateful.

Using Video Teleconferencing Equipment for ElectronicNotarizationRecently, there have been significant cuts in the federal budgetfor the State Department and embassies and consulates world-wide. This has created a problem for individuals who are outof the country and who need to notarize documents, includingdeeds and other real estate closing documents. Among theelectronic transactions available in Virginia are e-Signature ande-Notarization. Through electronic notarization capabilities,individuals in foreign countries can avoid the long lead timesnecessary to secure the assistance of embassy or consulatepersonnel to notarize documents.

Only sophisticated video teleconferencing equipment meets therequirements for electronic notarization. Skype and FaceTime donot meet these requirements. The Law Library encourages FBAmembers to take advantage of this membership benefit by usingthe conference room for video depositions, attendance at remotemeetings, and electronic notarization.

The Fairfax Public Law Library in 2017 continued from page 13

4110 Chain Bridge Road, Suite 216Fairfax, VA 22030-4009

Printed on Recycled Paper Design/Production by RODANgraphics703.743.9375 • [email protected] by Fairfax Printing & [email protected]

Address Service Requested

JOURNALPRSRT STD

U.S. POSTAGEPAID

FAIRFAX, VAPERMIT NO 6565

Serving the Northern Virginia Legal Community JOURNAL · 2––Fairfax Bar Journal • May/June...

Documents

Transcript of Serving the Northern Virginia Legal Community JOURNAL · 2––Fairfax Bar Journal • May/June...