THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, September 27, 1995 TAG: 9509270419
SECTION: LOCAL PAGE: B3 EDITION: FINAL
LENGTH: Medium: 95 lines
The Family Court seems like one of those ``Why didn't we think of this before'' ideas: giving judges the power to decide multiple issues in divorce-custody-abuse situations, rather than spreading the cases all over the court system.
In this instance, someone did think of it before. It was first advanced in 1950, and it was tested with a pilot program several years ago. Judges, lawyers, child advocates, practically everyone involved, said it worked very well.
THE QUESTION
Why, Peggy Mauk wants to know, doesn't it exist in Virginia anymore? And are candidates willing to work toward making it a reality?
Mauk, a resident of Bobby Jones Drive in Portsmouth, saw the system at work. Her daughter's case in Chesapeake was one of those picked to go to Family Court, and the family was pleased at how well the new way handled all the issues involved.
Then, in the middle of the divorce, the pilot program ended. The divorce, custody and related issues eventually were handled by five different judges.
``Everything fell through the cracks,'' Mauk said. ``It had a horrendous outcome. If you walk into court now with a family problem, you're going to be more confused when you walk out than when you walked in.''
THE BACKGROUND
The answer to her first question is that the law says it's supposed to exist right now. The 1993 legislative session decreed that Virginia's new Family Court system would begin in January 1995. Nine months ago. But there was a catch - the General Assembly didn't provide the money for it.
Then Gov. George F. Allen took office, and the proposal promptly fell into partisan politics.
Allen, a Republican, was unhappy about the proposed $3 court fee which would pay for the system, because it sounded like a tax, and he's against new or higher taxes. The Democrat-controlled General Assembly was unwilling to approve the $3 fee increase and then have Allen hit Democrats over the head with it as a tax increase.
Other issues included who would get to appoint the 32 judges for the new courts and how much money localities might have to kick in.
It is still hanging in limbo, with no one willing to make the first move. Mauk wants to know if her candidates in the 13th Senate and 80th House districts would be willing to support funding for the program.
They are: in the 13th Senate, Sen. Fred Quayle, a Republican, and Johnny Joannou, the Democratic challenger and former incumbent of that seat; and in the 80th House, Del. Kenneth Melvin, a Democrat, and challenger F.E. ``Dutch'' Andrews, a Republican.
THE ANSWERS
Quayle: ``I supported it, voted for it. The program in Chesapeake worked very well. I have never heard anyone criticize it. Unfortunately, the funding issue came at a time when Virginia had unusual expenses, such as the federal retiree payments.
``I suspect that one day it will come to pass. We've got to satisfy the localities that they will not have to spend great enormous sums of money that they had not expected.''
Joannou: ``I favor a family court for the state of Virginia. Yet the legislation which has been passed by the General Assembly, in my opinion, does not put into place a system which will deliver the service that the people of Virginia would be paying for.
``The legislation as it stands would elevate the juvenile court and have transferred to it all matters dealing with divorce, support, child custody, etc., now in the jurisdiction of the circuit courts and those matters handled by the Juvenile and Domestic Relations Court.
``It is my understanding that under the legislation, Portsmouth would get one judge to be split between Portsmouth and Suffolk. They are to handle all the work the juvenile courts are handling plus the domestic relations work being handled by four judges in Portsmouth and those in Suffolk.
``I favor a family court, but not a hybrid like this. A family court should be established and funded which would have sole jurisdiction over all domestic issues, and it should have enough judges who are competent and qualified to handle these types of matters.''
Melvin: ``I'm supportive of it. It gives more judges to an area that is direly in need of support. If you look across the state you'll find that juvenile judges are badly overworked. And the family court would handle divorce situations all the way through. Circuit court judges place divorce hearings and appeals on a back burner, they don't want to deal with it.
``We had discussed paying for it with a $3 or $5 court fee. It was a good idea then, it's a good idea now. Will it happen? It depends on whether or not the Republicans take over. They would love to appoint an additional 30-something judges.''
Andrews: ``The court systems need to be strengthened so that the families are the paramount concern. I would have to look into what legislation would need to be drafted and respond accordingly. My main concern about the courts now are how the judges are selected. They are selected behind closed doors and not in public.''
``You Asked'' is a regular feature of The Virginian-Pilot's coverage of the 1995 General Assembly elections. Readers can send in questions to be asked of the candidates in their districts. MEMO: Staff writer Tony Wharton compiled this column. by CNB