Chapter 4. Judge Joseph Ellis ignores Virginia Statutes & Superior Court Rulings

 McGuireWoods Corruption Surfaces in Judge Ellis Rulings on Virginia Court's Jurisdiction in Attorney Disciplinary Cases

   The Court of Appeals of Virginia Opinion on December 6, 2022, in Virginia Retirement System v. Joan S. Shelton Va. App. 434 (2022) authored by the Honorable Judge Mary Bennett Malveaux clearly states: 

• “[a]n agency does not possess specialized competence over the interpretation of a statute merely because it addresses topics within the agency’s delegable authority.” 
• “[w]hen the language of a statute is unambiguous, [courts] are bound by the plain meaning of that language.” 
• “[W]hen the General Assembly has used specific language in one instance, but omits that language or uses different language when addressing a similar subject elsewhere in the Code, we must presume that the difference in the choice of language was intentional.” 

     The CAV Opinion directs the Trial Courts to strictly adhere by Virginia codes and not to deviate from the language and prohibits it to be interpreted in any other manner than what the codes states.

     Judge Ellis' order on September 19, 2022, and the Memorandum Opinion/Order on January 13, 2023, intentionally ignored:

• Virginia Supreme Court Rule 13-2 Authority of the Courts:                 

     "Nothing in this Paragraph shall be interpreted so as to eliminate, restrict or impair the jurisdiction of the courts of this Commonwealth to deal with the disciplining of Lawyers as provided by law. Every Judge shall have authority to take such action as may be necessary or appropriate to protect the interests of clients of any Attorney whose license is subject to a Suspension or Revocation." 

• U.S. Supreme Court v. Consumers Union, 446 U.S. 719, (1980):         

   “Appellant Virginia Supreme Court, which claims inherent authority to regulate and discipline attorneys, also has statutory authority to do so. Pursuant to these powers, the court promulgated the Virginia Code of Professional Responsibility (Code) and organized the Virginia State Bar to act as an administrative agency of the court to report and investigate violations of the Code. The statute reserves to the state courts the sole power to adjudicate alleged violations of the Code, and the Supreme Court and other state courts of record have independent authority on their own to initiate proceedings against attorneys.”

• Virginia Statutes on Virginia Court's jurisdiction and authority concerning attorney disciplinary cases in the Virginia Courts:      

§ 54.1-3915. Restrictions as to rules and regulations:

    "...“nor shall it promulgate any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys.”

          § 54.1-3910. Organization and government of Virginia State Bar:

              "...The Virginia State Bar shall act as an administrative agency of the Court for the purpose of investigating and reporting violations of rules and   regulations adopted by the Court under this article."

• SCV opinion disseminated in Moseley, 273 Va. 688 (2007):

           “A court has an inherent power to discipline and regulate attorneys practicing before it. This power, since the judiciary is an independent branch of government, is not controlled by statute. Thus, the court's authority to discipline attorneys and regulate their conduct in proceedings before that court is also a constitutional power derived from the separation of powers between the judiciary, as an independent branch of government and the other branches.  

     “This inherent and constitutional power is essentially acknowledged in Code § 54.1- 3915, which prohibits the promulgation of any rule or regulation or method of procedure which eliminates the jurisdiction of the courts to deal with the discipline of attorneys.”

         The January 13, 2023, Memorandum Opinion was unethically drafted by McGuireWoods Brandon Santos for Judge Joseph Ellis; Judge Ellis violated several Judicial Canons by signing the Memorandum Opinion; giving further evidence of a judicial system corrupted by the McGuireWoods Shadow Government.