Virginia Supreme Court Chief Justice hiding from being served in Ethics Complaint

When high court justices hide from being served with court filings. 

Chief Justice Donald W. Lemons, Supreme Court of Virginia dodges service of a civil Ethics Complaint and a Petition for a Declaratory Judgment filed in the Circuit Court of the County of Louisa, Virginia.

Chief Justice Lemons refused three times to allow his office staff to accept substitute business service.

In a separate Ethics Complaint filed in Orange County, Virginia, Chief Justice Donald Lemons again refused service at his office and was served at his home at 1340 N. Ivanhoe street, Alexandria, VA, 22301.

Karen Gould, Executive Director of the Virginia State Bar accepted service and is represented by the Virginia Attorney General.

How does Chief Justice Lemons think that running from service is going to help him?

Rhetta M. Daniel filed an Ethics Complaint against Chief Justice Lemons and eleven other defendants, who are listed as:

Karen Gould, Executive Director of the VSB 

Chief Justice Lemons of the Supreme Court of Virginia 

E. Grier Ferguson, Esq., Executor and Trustee of Judge William Wellington Jones (deceased)

Alison R. Zizzo, Esq., Ferguson's attorney 

Vanessa Stillman, Esq., Ferguson's attorney 

Nathan Olansen, Esq., Ferguson's attorney

Glen M. Robertson, Esq., Ferguson's attorney

Judge John F. Daffron, Jr. (ret. Chesterfield), sitting specially in the City of Suffolk Circuit Court - Appointed by the VA Supreme Court 

Judge H. Thomas Padrick, Jr. (ret. Virginia Beach), sitting specially in the City of Suffolk Circuit Court. Appointed by the VA Supreme Court 

W. Randolph Carter, Jr. L, Clerk of the City of Suffolk Circuit Court 

Elizabeth K. Shoenfeld, Esq., Asst. Bar Counsel

Prescott L. Prince, Esq., Asst. Bar Counsel

The Ethics Complaint filed on June 09, 2021 can be viewed at the below link:

ETHICS COMPLAINT FILED IN LOUISA COUNTY

The Ethics Complaint filed lists the following offences:

Case # CL 21-209

Ethics allegations: Failing to report other attorneys and judges unethical and criminal actions for prosecution.

Knowing violating Virginia laws since he became a Justice on the Supreme Court of Virginia.

CL 21-221

Declaratory Judgment:

Seeking a decision from the Louisa Circuit Court that since 1976, the Supreme Court of Virginia and the Virginia State Bar have disregarded Virginia Statutes and knowingly broken the law.

Ethics & Declaratory Judgments Cases:

Both deal with:

The collusion of the VSB and the Supreme Court of Virginia has caused thousands of Complaints to be dismissed without investigation and thousands of lawyers to be disciplined without the VSB having the statutory authority to impose any discipline.

It's a criminal act (accessory after the fact) to fail to report evidence of a crime to the appropriate federal or state authorities. The VSB & the VA Sup Ct rarely report evidence of a crime even though they are mandated to do so by the VSB Code of Professional Conduct and the Virginia Supreme Court Rules of Procedure for the VSB.

Va Sup Ct Procedural Rule 13-30 

G. Disclosure of Criminal Activity. If Bar Counsel or a Chair of the Board or a Chair of a District Committee discovers evidence of criminal activity by an Attorney, Bar Counsel, the Chair of the Board or a Chair of a District Committee shall forward such evidence to the appropriate Commonwealth’s Attorney, United States Attorney or other law enforcement agency. The Attorney concerned shall be notified whenever this information is transmitted pursuant to this subparagraph 13-30 unless Bar Counsel decides that giving such notice will prejudice a disciplinary investigation.

Thousands of Virginia Court orders could be null and void.

Thousands of Virginia Circuit Court Orders could be defective and illegal

A Circuit Court Deputy Clerk, who wished to remain anonymous, has disclosed that hundreds to thousands of court orders have not been recorded, have gone missing or the judge who signed them has not officially taken their oath as per the Virginia Code. The Circuit Court Clerk is not issuing a public statement in attempt to cover up the clerical errors which could overturn thousands of cases.

All defendants in Virginia who have had orders issued against them are urged to go to the Circuit Court Clerks Office to verify if court orders issued against them are recorded in the Circuit Clerks Order book. If the orders have not been recorded, the orders are illegal and can not be enforced.

They are also urged to verify if the Judge that signed their order had taken their oath before the Clerk of the Court of record and recorded. Numerous judges who had either been transferred to another jurisdiction or their term had been appointed, have failed to take their oath before the clerk, thus any order they have signed is null and void.

If the Circuit Court Clerk can not provide a record of either a court order being recorded or a judge that has issued an order, who has not taken their oath, then the affected party should contact their attorney or seek legal advise from legal services to have the order dismissed.

The Code of Virginia that address these issue are below with the links to view.

§ 17.1-123. How orders are recorded and signed.

A. All orders that make up each day's proceedings of every circuit court shall be recorded by the clerk in a book known as the order book. Orders that make up each day's proceedings that have been recorded in the order book shall be deemed the official record pursuant to § 8.01-389 when (i) the judge's signature is shown in the order, (ii) the judge's signature is shown in the order book, or (iii) an order is recorded in the order book on the last day of each term showing the signature of each judge presiding during the term.

B. If a judge dies, retires or resigns before orders recorded in the order book have been authenticated, the orders shall have the same force and effect and shall be deemed authenticated when the signature of another judge of the same circuit court or the signature of the judge appointed to fill the vacancy or to preside over the court until the vacancy is filled is authenticated as provided in subsection A.    Click to Code of Virginia Orders Recorded

§ 16.1-69.17. Oath of office of judges, clerks and others. . .

Every judge, substitute judge, clerk, deputy clerk, and juvenile and domestic relations probation officer of a juvenile and domestic relations district court shall, before entering upon the duties of his office, take the oath required by law. The oath of the judge and substitute judge shall be taken before a clerk of a court of record to which appeals from his court lie or any judge, and the oath of the clerk and other officers of the court shall be taken before the judge of the court he serves. Any oath taken before a judge or clerk prior to July 1, 1992, and otherwise conforming with this section is valid.

Click to Code of Virginia Oath of Office