Virginia Indigent Defense Commission

The Virginia Indigent Defense Commission (VIDC) provides legal defense to those accused of crimes unable to afford a private lawyer. VIDC operates 28 offices across the Commonwealth of Virginia.[1] VIDC also manages the certification of public defenders and court-appointed attorneys throughout Virginia and provides training to defense attorneys.[2]

Virginia Indigent Defense Commission
Organization overview
Formed1972 as the Public Defender Commisson
Preceding Organization
  • Public Defender Commission
JurisdictionCommonwealth of Virginia
Headquarters200-1604 Santa Rosa Rd,
Richmond, Virginia, 23229
Parent OrganizationVirginia General Assembly
Websitewww.vadefenders.org

History

Public Defender Commission (1972–2004)

In 1972, the Virginia General Assembly piloted two public defender offices to determine if the offices would work better than appointing private attorneys to cases with indigent clients.[3] The Staunton office was opened first, followed by the Virginia Beach office a few months later.[3] The first chief public defender of the Staunton office, Coy M. Kiser, Jr. started the office with one investigator, a secretary, and two part-time assistant public defenders.[3] Kiser was appointed to a judgeship two years later and was replaced by William E. Bobbitt, who served in the Staunton office for over thirty years.[3]

Virginia Indigent Defense Commission (2004–present)

The VIDC was established by statute in 2004 and replaced the Public Defender Commission.[4][5] The VIDC replaced court-appointed lawyers in death penalty cases with full-time public defenders.[6] David Johnson was named Executive Director of the agency in 2005.[1]

In March 2021, Virginia banned capital punishment and VIDC announced that the capital defense offices located in Vienna, Norfolk, Roanoke, and Richmond would close.[7]

In September 2022, Maria Jankowski was promoted from Deputy Executive Director of VIDC to Executive Director after David Johnson retired.[2] Timothy Coyne, the former Chief Public Defender for the Winchester and Front Royal offices, was named to replace Jankowski as Deputy Executive Director of the commission.[2]

In June 2020, several employees attended a protest in Portsmouth and in August 2020, three employees were charged with felony vandalism of a confederate monument, alongside state senator Louise Lucas, and three NAACP representatives.[8][9] The charges were announced by the Portsmouth Police Department one day prior to a special legislative session pushing for policing reform.[8][9] The Virginia Legislative Black Caucus condemned the charges and several Virginia politicians expressed concern about the timing.[9] When the charges were announced, the Portsmouth Commonwealth's Attorney's office had not approved the charges and the police department had taken the charges directly to the magistrate.[9] Later, Stephanie Morales, the Commonwealth's Attorney, stated there was insufficient evidence to take a case against any of the nineteen defendants to trial, and Judge Claire G. Cardwell dismissed the charged in November 2020.[8][10] Cardwell determined that police went around prosecutors to file charges and attempted to prevent Morales from prosecuting the case by subpoenaing her as a witness.[10] Cardwell found the charges to be concerning and suggested that the Portsmouth Police were not motivated by public safety.[10][11] The three public defenders and eight others who had been charged sued the city, claiming that their rights were violated and they were improperly defamed, and in October 2021 they received settlement checks from the city for $15,000 each.[10][12]

Locations

Notable employees and former employees
  • Claire G. Cardwell, judge for the Thirteenth Circuit of Virginia[15]
  • Coy M. Kiser, Jr. (1933-2012), first public defender in Virginia and judge in the General District Court of the 25th Judicial District of Virginia[3]
  • Brenda Spry, judge for the Third Circuit of Virginia[8]

References
  1. Bowes, Mark (July 30, 2021). "Petersburg's chief public defender retires; his deputy will succeed him". Richmond Times-Dispatch. Retrieved 18 October 2021.
  2. Bowes, Mark (September 9, 2022). "Virginia Indigent Defense Commission selects new executive leader". Richmond Times-Dispatch. Retrieved 22 October 2022.
  3. "Local public defender's office celebrates half-century". The News Virginian. November 3, 2022. Retrieved 16 November 2022.
  4. Hodge, Ashley (April 1, 2021). "After nearly three decades of service to county, public defender steps down". The Gazette-Virginian. Retrieved 11 January 2022.
  5. "§ 19.2-163.01. Virginia Indigent Defense Commission established; powers and duties". Code of Virginia. Retrieved 11 January 2022.
  6. Brumfield, Dale M. (May 7, 2021). "How Virginia's Death Penalty Finally Ended". Washington Monthly. Retrieved 11 January 2022.
  7. King, Brendan (March 24, 2021). "Capital defender offices to close after Virginia abolishes the death penalty". 6 Richmond News. Retrieved 18 October 2021.
  8. Matray, Margaret (January 27, 2021). "Portsmouth's top public defender named a judge, months after police charged her in Confederate monument case". The Virginian-Pilot. Retrieved 1 October 2022.
  9. Alvarez-Wertz, Jane (August 17, 2020). "Sen. Lucas, other public officials, charged with felonies for June incident at Portsmouth Confederate monument". Wavy. Retrieved 1 October 2022.
  10. Reyes, Josh (November 8, 2021). "10 arrested after vandalism of Confederate monument receive $15,000 each". The Virginian-Pilot. Retrieved 1 October 2022.
  11. "Charges dismissed against Sen. Lucas". Richmond Free Press. November 19, 2020. Retrieved 1 October 2022.
  12. Hall, Brett (November 6, 2021). "Portsmouth spends $150k to settle with 10 charged with Confederate monument destruction". Wavy. Retrieved 1 October 2022.
  13. Bowes, Mark (October 5, 2021). "Chesterfield Public Defender staff moves into new office as they begin representing criminal defendants". Richmond Times-Dispatch. Retrieved 18 October 2021.
  14. "Whitley selected as Fredericksburg public defender". Free Lance-Star. June 19, 2021. Retrieved 18 October 2021.
  15. "Claire Cardwell Presented with Carrico Professionalism Award". Virginia State Bar. February 11, 2013. Retrieved 1 October 2022.


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