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Judge Hudgins Refuses To Follow Black Letter Law
Posted on Sunday, May 06 @ 05:37:22 MST by annoregni

FOIA

Beach judge refuses to hear FOIA suits against Peninsula Airport officials; Transfers cases to Newport News to keep officials from being inconvenienced, he says. Screw the law

VIRGINIA BEACH (May 3, 2007) - -General District Judge W. Edward Hudgins refused Thursday to hear 13 Freedom of Information Act violation suits against the Peninsula Airport Commission (PAC) and its lawyer - because he felt the suits "inconvenienced the defendants".

In fact, for some inexplicable reason, Hudgins made and announced the decision to the plaintiff's lawyer before the cases ever came before him, said Virginia Beach plaintiff, David Lindsey, owner of a Virginia Beach-based news organization.

When the cases were called, 1 hour and 40 minutes after court opened, Hudgins appeared visibly irritated. Putting other cases first on the docket was a violation of the law by Hudgins to start the proceedings. The state law clearly gives FOIA cases precedence over other docket items.



§ 2.2-3713. Proceedings for enforcement of FOIA chapter states:

C. "...the hearing on the petition shall be given precedence on the docket of such court over all cases that are not otherwise given precedence by law."

This is the same judge Hudgins who, with Filipino City Councilman Ron Villaneuva, was among the first recipient of Virginia News Source's "Dumb Ass of the Week Award" when he ruled that a waitress in an beachfront restaurant was guilty of public nudity for wearing 'short shorts' in the restaurant. (See: Councilman Villaneuva, Judge Hudgins winners of Dumb Ass of the Week Award)

That ruling, political, rather than legal, came as the beaches were jamming with women wearing thong and bikini bathing suits. (VNS offered to establish a fund for an eye exam and corrective glasses for Hudgins at that time, but he never contacted us).

In Thursday's case, long time court observers told Lindsey's lawyer, Anna Clarke Sas, of the Beach law firm of Thomas & Associates , a FOIA legal expert, "You won that case." Stunned on a bench outside the courtroom she replied, "I know I did. I just don't know what happened in there."

Hudgins, however, thought differently.

After hearing Sas' citation of state law and Supreme Court decisions validating her authority to bring the suits in Virginia Beach Courts, Hudgins whined: "Why on earth would you bring this action against a group of people when they are not even located in Virginia Beach?"

Sas answered because she was following the law. The plaintiff is a resident of Virginia Beach and beach courts are clearly the place to file under the state FOIA law.

Jennifer Muse, of the Newport News firm of Jones, Blechman, Woltz, & Kelly, representing the airport and its lawyer Herbert Kelly Jr.(who didn't appear), presented motions asking Hudgins to dismiss the suits on two grounds:

The beach court didn't have jurisdiction and because the FOIA law does not allow actions against individuals, only organizations.

Muse also had motions for sanctions to prevent future actions by Helpcom.net.

Sas begged to differ citing the law for Muse and Hudgins:

§ 2.2-3713. Proceedings for enforcement of chapter:

B. Any petition alleging denial of rights and privileges conferred by this chapter by a board, bureau, commission, authority, district or agency of the state government or by a standing or other committee of the General Assembly, shall be addressed to the general district court or the circuit court of the residence of the aggrieved party or of the City of Richmond. In any action brought before a general district court, a corporate petitioner may appear through its officer, director or managing agent without the assistance of counsel, notwithstanding any provision of law or Rule of the Supreme Court of Virginia to the contrary."

Even though Sas cited the law rebutting Muse' arguments for her motions, Hudgins ignored the law, revealing the real reason behind his decision:

"I'm not going to hear this because you've brought it to inconvenience everyone except the petitioner."

But he told Sas and Muse, he wasn't going to grant motions to dismiss the suits or issue sanctions. Instead he was going to transfer the suits to the Newport News court.

"Since when is inconvenience of the defendants a ruling factor? I guess prisoners are inconvenienced when they are in court. Is Hudgins going to turn them loose?" said Lindsey, adding, "for some strange reason, Hudgins 'punted' the issue to another city. His reasoning was contrary to state law."

One Newport News observer said, "What do you expect? General district court judges are at the bottom of the judicial food chain. Only people lower than them are courthouse janitors.

"They (general district judges) aren't smart and circuit court judges aren't much better: They get their jobs by kissing political ass," he said, "not on ability.'

"There's no question," said one observer: "Hudgins ignored the law. Maybe he got a call from someone on the Peninsula (JBW&K's firm has been a political powerhouse in Newport News for years with ties to Virginia Beach, and the airport has operated outside the law, establishing its own laws and rules and regulations under Kelly's guidance).

"I wouldn't be surprised if he (Hudgins) wasn't told by someone to kick the case to more friendly judicially friendly political territory."

Sas said she would consider Hudgins' action over the weekend, deciding whether to appeal it to the beach circuit courts or proceed on the Peninsula. It's expected that the case will move to the more FOIA friendly Virginia Supreme Court regardless what the outcome might be in Virginia Beach or Newport News.

A Virginia Beach lawyer said, "You know what I'd do? I'd nonsuit those 13 cases Friday morning and refile them in the Virginia Beach circuit court. And then if they give me any trouble, I'd pop it straight up to the Supreme Court. She isn't going to lose these cases."

The Newport News judges have close ties to JBW&K law firm.

In a 2005 case, the late Herb Kelly Sr. even hand-picked Newport News Circuit Court Judge C. Peter Tench to hear an eviction case against a long time airport a tenant in an ex parte hearing he tried to keep secret from the tenant.

Judge Tench had previous to his judgeship been an employee of JBW&K.

Tench ruled in Kelly's favor, evicting the tenant, but an appeal was rocketed to the Virginia Supreme Court, which in an almost record 21 days, reversed the judge and slapped his judicial jaws. (See: Judicial favoritism, harassment by Peninsula Airport Commission and Newport News Court rejected by VA Supreme Court).

The tenant was re-instated.

See: Peninsula judge, former airport commissioner pulled into Freedom of Information Query .

Links at the bottom of the above story will take readers to 13 previous stories relating to problems at the Newport News/Williamsburg International Airport that will eventually come under court scrutiny.


 
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Related Links
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Most read story about FOIA:
What issues will b e raised at trial - see Virginia News Source for some of them


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