Family legislation done for the year; 33 related bills enacted, relig freedom & weps stay vetoed

Here's how family law bills passed by both houses of Virginia's General Assembly stand on March 27. The governor's vetoes and changes will be dealt with when the Assembly reconvenes on April 5.

Governor Vetoed or Requests Changes:

 Died in or after Conference Committee:

Signed by Governor, Becoming Law Effective July 1:

Divorce

Support

Children

 Elder Law/Probate

 Procedure

Women's Liberation


Gov. vetoes guns for battered women, religious freedom, fun knives for kids; Zero Tolerance reform dies in conference committee

Here's how family law bills passed by both houses of Virginia's General Assembly stand on March 27. The governor's vetoes and changes will be dealt with when the Assembly reconvenes on April 5.

Governor Vetoed or Requests Changes:

 Died in or after Conference Committee:

Signed by Governor, Becoming Law Effective July 1:

Divorce

Support

Children

 Elder Law/Probate

 Procedure

Women's Liberation


24 Bills Affecting Family Law Get Through Both Houses, 4 Killed, More to Come

Here's how family law bills in Richmond stand after Feb. 20:

 Freshly killed in second house, after passing one house, since last post:

Highlights of what has passed both houses:

Signed by Governor, Enacted Into Law

Divorce

Support

Children

 Elder Law/Probate

Women's Liberation

Passed Both Houses, awaiting governor action OR conference committee -- Full List 

Marriage

 

 

 Children

Domestic Violence

 Elder Law/Probate

 Procedure

Passed One House, then Committee-Approved in Second House

Killed in first house (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):

Marriage

Divorce

Support

Children

Domestic Violence

Elder Law/Probate

Procedure


Berkeley thug: Violence OK if they don't obey. Sounds like every wife-beater ever.

(And husband-beater.) I'm a divorce lawyer, so I should know. Masked Berkeley rioter Neil Lawrence makes the all-too-familiar argument that violence is OK when people don't shut up and obey even after you ask nicely:

"But when you consider everything that activists already tried — when mass call-ins, faculty and student objections, letter-writing campaigns, numerous op-eds (including mine), union grievances and peaceful demonstrations don’t work, when the nonviolent tactics have been exhausted — what is left? Of all the objections and cancellation requests presented to the administration, local government and local police, the only one that was listened to was the sound of shattering glass."

 in the Daily Californian, "Black bloc did what campus should have"

 


46 bills affecting family law have passed one house & "crossed over" to the other

Here's how family law bills in Richmond stand after Feb. 16:

Fresh kills since last post

Highlights of what has passed both houses:

Passed Both Houses, awaiting governor action OR conference committee 

Marriage

Women's Liberation

Divorce

Support

 Children

Domestic Violence

 Elder Law/Probate

 Procedure

Passed One House, then Committee-Approved in Second House

 Passed One House, then Subcommittee-Approved in Second House 

 Freshly killed in second house, after passing one house, since last post:

Killed in first house (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):

Marriage

Divorce

Support

Children

Domestic Violence

Elder Law/Probate

Procedure


Richmond family law action on expat divorce, parenting time, voiding quitclaims, medical subpoenas, digital assets, spendthrifts

Bills that made progress since last post:

New killin' since last post:

Here's how bills stand after House and Senate Committees met on Jan. 25, in this order: (1) Approved by committee (2) Approved by subcommittee (3) Awaiting any committee or subcommittee action (4) Killed.

Approved by House or Senate:

Approved by Committee:

Approved by Subcommittee:

No action yet by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):


Va. legislature: More bills affecting families get through committee, more killed, more introduced

Here's how bills stand after House and Senate Committees met on Jan. 18, in this order: (1) Approved by committee (2) Approved by subcommittee (3) Awaiting any committee or subcommittee action (4) Killed.

Approved by Committee:

Approved by Subcommittee:

No action yet by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed (by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely):


Va. legislature's committees weed out 9 family law & probate bills, approve 16, more to come

Here's how things stand after House and Senate Committees met on Jan. 18, in this order:

  1. Approved by committee.
  2. Approved by subcommittee.
  3. Not yet acted on by any committee or subcommittee. 
  4. Killed. by any of several methods: Defeated, recommended not reporting, recommended tabling, carried over to next year, passed by indefinitely.

Approved and Reported by Committee:

Approved and Reported by Subcommittee:

Not yet acted on by any committee or subcommittee:

Marriage

Divorce

Support

Children 

Domestic Violence

Elder Law/Probate

 Procedure

Women's Lib

Killed:


If presidential perjurers don't get charged, will anyone be afraid to lie in court?

In the Clinton impeachment we decided that perjury isn't an impeachable offense, at least when it's basically about a president's private life and not the essential parts of his job, treason, murder, rape, subverting democratic elections, corruption ... .

But what about plain old criminal prosecutions? if presidents and candidates don't get prosecuted for obvious perjury either, then that tells everyone else to disregard that lying when testifying it's illegal and dangerous. And it gives lawyers and judges another reason not to believe what anyone says. Testifying to a court -- whether on the witness stand, in a deposition, or a written, notarized affidavit -- is under oath and "under penalty of perjury."

Newsweek has published clear proof that Donald Trump either: (a) lied in a deposition in a case against an ex-employee, about a failed attempt to bribe Florida Gov. Jeb Bush, or (b) lied about it to Bush's face in the second debate. Or both. (Even if bribe is the wrong word, that doesn't affect the specific question that the lie and contradiction were about: Whether Trump was trying to get Bush to reverse his opposition to casino gambling when he hired the Defendant to get Florida to allow him to build a casino and hosted a fundraising event for Bush.)

The lawsuit was in Broward County, Florida. Perjury in a deposition is a third-degree felony under Florida law, and can mean up to five years in prison. I haven't yet found out whether Trump was in Florida or another state when he gave his deposition testimony, and whether that would keep Florida from prosecuting him. But the head prosecutor in Broward County, and/or the county where Trump testified, needs to decide whether to pursue a perjury investigation and prosecution, preferably before the election. 

DONALD TRUMP EITHER LIED TO THE REPUBLICANS OR BROKE THE LAW (EXCLUSIVE)


Law schools' focus on case-law makes the law & lawyers elitist, undemocratic, bad at their most important job

Larry Gaughan, an elder statesman of family law and mediation in Northern Virginia, recently reflected on the legal profession's excessive focus on case-law, and the attitude that law isn't real until it has been applied in a published appeals court case. Besides the way it poisons lawyers' ability to help their clients, which he so eloquently illustrates, I think there's even more:

  1. It makes young lawyers ridiculously elitist and contentious -- they model themselves on bow-tied Supreme Court Justices hurling pompous insults at each other and at the people involved in their cases, and not on real lawyers working in the trial courts, lawyers who work to resolve disputes before they become trials, and lawyers who try to draft contracts and statutes so well that people won't even have legal disputes about them, and won't have to go to lawyers to know what they mean.
  2. It's anti-democratic: As Larry points out, major new legislation in our field -- even something as basic as letting divorce courts divide property --  is often not understood, and not really recognized, until there is case law saying what it means. And Virginia's appeals courts sometimes take the attitude that revising the details of divorce-related law is only their business, and when the legislature tries to meddle in it or to undo the effects of an appeals court decision, they seem to do their best to frustrate the legislature's aims or use the new statutes to reach absurd and unintended results, as if to say, 'see what a mess you make when you meddle in the affairs of divorce courts!' In Constitutional law, the Third Amendment and, until recent decades, the Second Amendment, are often described as a dead letter because there were no court case opinions 'making them real.'

Larry writes:

"In 1890 American law schools began to switch to the study of appellate cases as the primary means of legal education.  ...  Given that so few law graduates now wind up as litigators, that approach makes less sense with every passing year.  Almost by its very nature, the case system teaches us to look backwards and to think of law as litigation. ...

"The case system made more sense when most law graduates wound up as lawyers whose practices included litigation.  Even [for them], law schools were not great in teaching statutory interpretation.  I remember vividly the problems many Virginia lawyers had in figuring out how to interpret the new equitable distribution statute as first enacted in 1982.  To many lawyers, the new statute really only started to have meaning after the appellate cases started to come into play. ...

"We must recognize that most legal disputes are not resolved by courts, that statutes have meaning even before courts interpret them, and that more law school graduates will pursue careers that require some knowledge of the legal framework, but also the ability to quickly learn and assimilate other kinds of expertise."

Like most lawyers, I have good and bad recollections of my own legal education.  I remember the popular law professor who taught commercial law courses, and the skepticism about another professor who taught criminal procedure.  The former taught us “the law” from uniform statues that were already in the process of major revisions.  The latter was a theorist whose courses accurately predicted every one of the major reforms of the Warren court.

-- Mediator and lawyer Larry Gaughan in "An Improper Focus for Legal Education", The Divorce Agreement Newsletter, No. 53 – July 6, 2016