Practicing in the Western District of Virginia CLE

I attended a very informative and enjoyable CLE yesterday regarding practicing in the Western District of Virginia and section 1983 cases.  The CLE was put on by the Charlottesville Albemarle Bar Association.  Judge Dillon, Magistrate Judge Ballou and Magistrate Judge Hoppe were panelists. 

One interesting fact I learned was that 20% of the civil cases filed in the WDVa are 1983 cases or Bivens cases.  A significant number of these cases are pro se cases filed by prisoners.  Most of those cases are summarily dismissed at the pleadings stage or on summary judgment, but some of them proceed to trial, which can cause problems for the Court.  (Imagine a prisoner in shackles questioning a prison guard on the witness stand or giving the closing argument in a civil rights case.)  I remember Judge Wilson describing situations like this when I was a law clerk. 

The Court wants to create a list of attorneys who would be willing to take on some of these cases pro bono.  Sounds like a very good way for young attorneys to get federal court trial experience.  I expect that more information will soon be available on the Court's website.

Senate Approves Judicial Nomination of Elizabeth Dillon

The Western District of Virginia has a new judge.

Yesterday, the US Senate confirmed the nomination of Salem attorney Elizabeth Dillon to replace Judge Wilson, who retired in August.  Judge Dillon will be the first female judge in the Western District of Virginia.  Like her predecessor and the author of this blog, Judge Dillon is a graduate of Wake Forest University School of Law.

Dillon has been a practicing attorney in the Roanoke/Salem area for many years is also a former city attorney for the City of Roanoke.  President Obama nominated Dillon on September 18, 2014, after Virginia's two senators had recommended her and Ward Armstrong for the spot.  The Virginia Lawyers Weekly article about the confirmation is here.

The Senate Judiciary Committee has published Judge Dillon's answers to written questions submitted by Senators, including Senator Chuck Grassley and Senator Ted Cruz.  Many of the questions are overtly political and most of the answers are boilerplate, but there were some interesting parts.  For example, this is how Judge Dillon described the most important attribute of a judge:

"The most important attribute of a judge is to have the utmost respect for the tremendous responsibility of the position. A judge who recognizes and respects the responsibility of the position will respect the rule of law, the litigants, and the lawyers, and will serve with integrity, fairness, and impartiality. I have the utmost respect for the tremendous responsibility of the position and would be honored to serve should I be confirmed."

We are looking forward to Judge Dillon's tenure as the newest federal judge in the Western District of Virginia.