VIRGINIA STATE BAR - CIRCUIT COURT DECLARATORY JUDGEMENT, INJUNCTIONS & MANDAMUS (original) (raw)

UNITED STATES COURT OF APPEALS

Notice & Complaint of Judicial Misconduct, 2022

Notice and Complaint filed on 5/11/22 versus US 4th Circuit Court of Appeals Judges sitting in Richmond, Virginia. The US 4th Circuit Court of Appeals does not have "subject matter jurisdiction" to process a Reciprocal Disciplinary case when the original Virginia State Bar Disciplinary Board Order was void ab initio when entered by the VSB DB based on only Virginia courts having "subject matter jurisdiction" to impose discipline on any attorney practicing law in Virginia. See VA Code § 54.1-3915. Restrictions as to rules and regulations. https://law.lis.virginia.gov/vacode/title54.1/chapter39/section54.1-3915/ Supreme Court of Virginia v. Consumers Union, 446 U.S. 719 (1980) https://supreme.justia.com/cases/federal/us/446/719/

Court of Appeals of Virginia

APPELLANT'S BRIEF - VIRGINIA COURT OF APPEALS, 2022

THE TRIAL COURT, JUDGE LON E. FARRIS FROM THE 31ST VIRGINIA JUDICIAL CIRCUIT (JUDGE FARRIS OR TRIAL COURT), ERRED WHEN JUDGE FARRIS APPEARED WITHOUT AUTHORITY ON MARCH 8, 2022, PRESIDED OVER PRETRIAL MATTERS, AND ENTERED AN ORDER TO DISMISS DANIEL'S COMPLAINT WITH PREJUDICE. IV. THE TRIAL COURT, JUDGE LON E. FARRIS, ERRED IN RULING THAT THE CIRCUIT COURT LACKED SUBJECT MATTER JURISDICTION TO HOLD A JURY TRIAL TO DETERMINE WHETHER THE DEFENDANTS HAD ENGAGED IN MISCONDUCT UNDER THE VIRGINIA SUPREME COURT RULES OF PROFESSIONAL CONDUCT CITED IN THE UNDERLYING CASE ON APPEAL.

Survey of Develpoments in West Virginia Law: 1977

West Virginia Law Review, 1977

Other cases dealing with Constitutional Law decided in 1977 included: State v. Boyd, 233 S.E.2d 710 (W. Va. 1977) (constitutional provisions governing due process and self-incrimination of criminal defendant were infringed by interrogation at trial as to reason defendant had not earlier disclosed a defense); Menon v. Davis Memorial Associates, Inc., 235 S.E.2d 817 (W. Va. 1977) (civil plaintiff's rights to due process violated when trial court ruled on the merits of the case without affording plaintiff an opportunity to present evidence in his behalf); State ex rel. Hutzler v. Dostert, 236 S.E.2d 336 (W. Va. 1977) (bail, which must be determined on a case by case basis, deemed to be excessive as to named defendant and his charged offense, thus violating constitutional prohibition against excessive bail); Smoot v. Dingess, 236 S.E.2d 468 (W. Va. 1977) (defendant may not be incarcerated for either civil or criminal contempt upon unsworn testimony and notice of the contempt hearing should be given to the real party in interest); O'Neil v. Parkersburg and Hendrickson v. Parkersburg, 237 S.E.2d 504 (W. Va. 1977) (notice of claim provision that right of victim of governmental tort feasor to sue is absolutely barred should he not give required notices to municipality within thirty days after his cause of action has accrued, violated equal protection and due process clauses and were unconstitutional); Mason County Board of Education v. State Superintendent of Schools, 234 S.E.2d 321 (W. Va. 1977) (county board of education had standing to obtain judicial review of an order of the State Superintendent of Schools requiring the reinstatement of an employee); State ex rel. Preacher v. Sencindiver, 233 S.E.2d 425 (W. Va. 1977) (upheld constitutionality of W. Va. Code § 61-2-1 (1977 Replacement Vol.), felony murder statute, as not erecting an impermissible inference of motive, willfulness and premeditation); State ex rel. State Building Commission v. Casey, 232 S.E.2d 349 (W. Va. 1977) (statute providing for rent-free use of state property by a private corporation is an unconstitutional grant of the credit of the State to such corporation); State ex rel. Kanawha County Building Commission v. Paterno, 233 S.E.2d 332 (W. Va. 1977) (acquisition and construction by the commission of annex through issuance of bonds payable from severence tax revenues were not violative of constitutional provisions limiting contracting of state debts or those granting the state's credit to a county, or those limiting the contracting of county debts); Anderson v. George, 233 S.E.2d 407 (W. Va. 1977) (declared W. VA. CODE § 7-10-4 (1976 Replacement Vol.) unconstitutional because statute did not provide for pre-seizure or post-seizure hearing on the validity of humane officer's statutory powers); State ex rel. Cogar v. Kidd, 234 S.E.2d 899 (W. Va. 1977) (declared portion of embezzlement statute, W. VA. CODE § 61-3-20 (1977 Replacement Vol.) which caused certain presumptions of guilt to be raised, unconstitutional; statute deemed severable with the rest of it remaining valid); State ex rel. Piccirillo v. Follansbee, 233 S.E.2d 419 (W. Va. 1977) (property qualification for candidacy in municipal elections unconstitutional as violative of equal protection, W. VA. CONST. art. III, § 17). 236 S.E.2d 565 (W. Va. 1977).

The Role of the Organized Bar in State Judicial Selection Reform: The Year 2000 Standards

2002

of the ABA. 1. The cases that challenge restrictions on judicial campaign speech generally challenge provisions of Canon 5 of the 1990 version of the ABA Model Code of Judicial Conduct or Canon 7 of the 1972 version. See Stretton v. Disciplinary Bd. of Supreme Court, 944 F.2d 137 (3d Cir. 1991) (upholding constitutionality of "announce clause" of Canon 7 of the Pennsylvania Code of Judicial Conduct, if narrowly construed); Buckley v. Jud. Inquiry Bd., 997 F.2d 224 (7th Cir. 1993) (finding Illinois rule regarding Canon 7(B)(1)(c) was unconstitutionally overbroad because it prohibits all discussions of a candidate's views);

Annual Survey of Virginia Law: Business and Corporate Law

University of Richmond Law Review, 1993

The specific violations were: (1) distributions to shareholders which would make the corporation unable to pay its debts as they become due (§ 13.1-653); (2) general standards of conduct for directors (§ 13.1-690); and (3) director liability for unlawful distributions to shareholders (§ 13.01-692).