12:00PM
Richmond, VA
MINUTES
Commonwealth’s Attorneys’ Services Council
Richmond, Virginia
September 25, 2024
Council Members Present
Officers:
Anton A. Bell (Hampton), Chairman
Bryan L. Porter (Alexandria), First Vice Chairman
R. Bryan Haskins (Pittsylvania County), Second Vice Chairman
David L. Ledbetter (Waynesboro), Secretary
Shannon L. Taylor (Henrico County), Past Chairman
Council District Representatives:
1. Krystyn L. Reid (York County) (Pre-approved Zoom)
2. Matthew R. Hamel (Chesapeake) (Pre-approved Zoom)
4. Colette Wallace McEachin (Richmond City)
5. Bethany A. S. Harrison (Lynchburg) (Pre-approved Zoom)
6. David L. Ledbetter (Waynesboro)
7. Elizabeth K. Humphries (Fredericksburg) (Pre-approved Zoom)
8. Bryan L. Porter (Alexandria)
9. Robert M. Lilly (Giles County) (Pre-approved Zoom)
11. Steve Descano (Fairfax County) (Pre-approved Zoom)
Other Commonwealth’s Attorney’s Present
Donald S. Caldwell (Roanoke City)
Jeff Haislip (Fluvanna County)
Nate Green (James City County/Williamsburg)
Colin D. Stolle (Virginia Beach)
Meredith D. Adkins (King & Queen County)
Jane Wrightson (Northumberland County) (Zoom)
Georgette C. Phillips (Isle of Wight)
Ramin Fatehi (Norfolk)
Derek A. Davis (Surry County)
Regina T. Sykes (Sussex County)
John Alexander (Botetourt County) (Zoom)
Heather D. Hovermale (Winchester) (Zoom)
Clarissa T. Berry (Madison County)
Eric L. Olsen (Stafford County)
Christian E. Rehak (Radford) (Zoom)
Michael D. Jones (Wythe County) (Zoom)
Amy K. Ashworth (Prince William County)(Zoom)
Alexander Hamilton (Clarke County)(Zoom)
Gray Collins (Colonial Heights)(Zoom)
Andrew Nester (Henry County) (Zoom)
Tiffany Buckner (Petersburg) (Zoom)
Daniel Rutherford (Nelson County) (Zoom)
Eric Branscom (Floyd County) (Zoom)
Mackenzie Babichenko (Hanover County)(Zoom)
Marie Walls (Matthews County) (Zoom)
Mary Pettitt (Montgomery County) (Zoom)
Rick Newman (Hopewell) (Zoom)
Russ Rabb (Culpeper County) (Zoom)
Ryan Mehaffey (Spotsylvania County) (Zoom)
Susan Fierro (Prince George County) (Zoom)
Tyler Klink (Charles City County) (Zoom)
Wendy Hannah (Cumberland County) (Zoom)
Dayna Bobbitt (Patrick County) (Zoom)
Allen Nash (Mecklenburg County) (Zoom)
Leanne Watrous (Nottoway County) (Zoom)
Guests
Cindy Cunningham (Zoom)
Brad Kutner
Luca Powell
Deputy Commonwealth’s Attorneys Present
Lori DiGiosia (Stafford County)(Zoom)
CASC Staff Present
Jane Sherman Chambers
Tracey DeBord (Zoom)
VACA Staff Present
Amanda Howie, Administrator
Call to Order
Mr. Bell called the meeting to order at 12:11 p.m.
Minutes
The draft minutes from the August 1, 2024, meeting were previously posted and circulated to Council. The minutes were approved as submitted.
Chairman’s Report
None.
Administrator’s Report
Ms. Chambers reviewed the agenda items:
Old Business
CATF Update
Ms. Chambers reviewed the CATF balance sheet reflecting account activity through August 31, 2024.
CASC 3 Year Audit by Auditor of Public Accounts ~ Final Report
Ms. Chambers circulated with the meeting agenda a copy of the final audit report from APA. Ms. DeBord had reviewed the draft results with Council at the meeting on August 1, 2024. Ms. Chambers stated that findings were minimal and already largely addressed. Ms. DeBord was available on Zoom for questions but none were forthcoming.
Spring Institute Reimbursement ~ Random Audit Update
Ms. Chambers reminded members that at her last report on the results of the Spring Institute random audit, one office had not complied. Today she reported that all offices are now in compliance and all had passed their random audits.
New Business
CASC Administrator Retirement
Ms. Chambers circulated with the meeting agenda a copy of her retirement letter addressed to Council Chairman Bell. She reported that the vacancy has been posted to the state employment website and the CASC website. Mr. Bell reported that he is putting together a hiring committee that will be comprised of Council officers. They will meet shortly to discuss the hiring process.
2024 Executive Program Draft Agenda
Ms. Chambers attached a copy of the draft agenda for the 2024 Executive Program to the meeting agenda. Members can review at their leisure.
Homicide Faculty Concern
Mr. Bell called this agenda item first, remarking that there were members of the press in attendance to hear the discussion. He identified the issue being raised by Mr. Fatehi in his recent email to all Commonwealth’s Attorneys regarding Phil Evans teaching at CASC’s homicide prosecution training programs (Murder 1 & 2). He stressed that this is a policy discussion about the authority of CASC to select faculty members. Ms. Chambers reiterated that this matter was on the agenda for a policy discussion, not to put Mr. Evans on trial since he was not present to defend himself.
Mr. Ledbetter made a motion to defer the discussion to the December meeting so that all sides can be represented. The motion was seconded by Ms. Harrison. Discussion ensued, including Mr. Fatehi’s recounting of his concerns. Ms. Chambers responded to questions about Council practices. She advised that the Virginia State Bar had determined that Mr. Evans had not committed of any violations of the Rules of Professional Responsibility. Motion to defer discussion to December was defeated by an 8 to 4 vote. Ayes: Mr. Haskins, Mr. Ledbetter, Ms. Harrison, Mr. Lilly. Nays: Mr. Bell, Mr. Porter, Ms. Taylor, Ms. Reid, Mr. Hamel, Ms. McEachin, Ms. Humphries, Mr. Descano.
A second motion was made by Mr. Ledbetter and seconded by Colette McEachin to authorize CASC staff to select faculty for CASC training programs, to include the homicide prosecution training to be held in November. Discussion on the motion ensued. The motion prevailed by a 7 to 4 vote. Ayes: Mr. Bell, Mr. Haskins, Mr. Ledbetter, Ms. Reid, Mr. Hamel, Ms. McEachin, Mr. Lilly. Nays: Mr. Porter, Ms. Taylor, Ms. Humphries, Mr. Descano.
A third motion was made by Ms. Taylor and seconded by Ms. Humphries for the Chairman to create a small special committee of Commonwealth’s Attorneys to hear issues regarding faculty and to determine if a concern is founded. The motion was passed unanimously by Council.
November Council Meeting Update
Ms. Chambers reminded members that the November meeting will be on November 7, 2024, the Thursday after the election, rather than the traditional Wednesday after the election. She also apologized that she will be unable to attend that meeting, but that Mr. Casey will be filling in for her.
Public Comment
None.
Adjournment
There being no further business before Council, the meeting adjourned at 1:42 p.m. The next regularly scheduled meeting is November 7, 2024, 12:00 noon, at the CASC offices at Truist Place (formerly SunTrust Building), 919 E. Main Street, Suite 1250, Richmond.