Friday, July 31, 2009
Judges say they cannot preside in Tech suit
Montgomery County's circuit court judges have recused themselves from the civil suits filed by two families of Virginia Tech shooting victims and asked the state supreme court to appoint a special judge to oversee the cases.
Three months ago, families of Julia Pryde and Nicole Peterson -- two women killed in the April 16, 2007 mass shootings at Tech -- filed civil suits in Fairfax County naming the estate of shooter Seung-Hui Cho, area mental health providers and several past and current Virginia Tech officials as defendants.
The suits each ask for $10 million in damages. They allege negligence in handling mental health issues suffered by Cho in the two years leading up to the shootings, and that the university failed to follow established guidelines for responding once the killing began.
Other affected families and victims accepted a cash settlement from the state that bars them from filing suits.
In an order dated July 24, Circuit Court Chief Judge Colin Gibb requested the Virginia Supreme Court appoint a judge from outside the area to hear the new suits.
"The other judges of the 27th Circuit have been contacted and they have found it necessary to recuse from this case," Gibb wrote.
The five judges are Ray Grubbs, Bobby Turk, Joey Showalter, Brett Geisler and Gibb.
In recusing himself in a letter to Gibb dated July 23, Turk wrote that he has "a personal relationship with some of the individuals named in the complaint. Further, Kay Heidbreder, one of the named defendants, regularly practices before this court."
Heidbreder serves as university counsel for Tech and is named as a defendant in both civil suits.
In an interview Friday, Gibb said that while not an everyday occurance, recusals of the entire circuit are not uncommon. If for example an attorney who practices before the court is brought up on charges, the judges in the circuit will ask for a special judge to be appointed.
In the case of the current civil suits, "a lot of individuals are name as defendants. ... we know a lot of these people. We have personal and professional relationships with these people. ... All of us have one or more conflicts," Gibb said.
It's unclear when the supreme court might name a special judge, but Gibb said it generally happens quickly. Until a judge is appointed Gibb, who is based in Pulaski, will oversee any administrative issues with the cases, he said.
The suits stem from the shootings in which Cho killed 32 Tech faculty and students and then himself.
Three months ago, families of Julia Pryde and Nicole Peterson -- two women killed in the April 16, 2007 mass shootings at Tech -- filed civil suits in Fairfax County naming the estate of shooter Seung-Hui Cho, area mental health providers and several past and current Virginia Tech officials as defendants.
The suits each ask for $10 million in damages. They allege negligence in handling mental health issues suffered by Cho in the two years leading up to the shootings, and that the university failed to follow established guidelines for responding once the killing began.
Other affected families and victims accepted a cash settlement from the state that bars them from filing suits.
In an order dated July 24, Circuit Court Chief Judge Colin Gibb requested the Virginia Supreme Court appoint a judge from outside the area to hear the new suits.
"The other judges of the 27th Circuit have been contacted and they have found it necessary to recuse from this case," Gibb wrote.
The five judges are Ray Grubbs, Bobby Turk, Joey Showalter, Brett Geisler and Gibb.
In recusing himself in a letter to Gibb dated July 23, Turk wrote that he has "a personal relationship with some of the individuals named in the complaint. Further, Kay Heidbreder, one of the named defendants, regularly practices before this court."
Heidbreder serves as university counsel for Tech and is named as a defendant in both civil suits.
In an interview Friday, Gibb said that while not an everyday occurance, recusals of the entire circuit are not uncommon. If for example an attorney who practices before the court is brought up on charges, the judges in the circuit will ask for a special judge to be appointed.
In the case of the current civil suits, "a lot of individuals are name as defendants. ... we know a lot of these people. We have personal and professional relationships with these people. ... All of us have one or more conflicts," Gibb said.
It's unclear when the supreme court might name a special judge, but Gibb said it generally happens quickly. Until a judge is appointed Gibb, who is based in Pulaski, will oversee any administrative issues with the cases, he said.
The suits stem from the shootings in which Cho killed 32 Tech faculty and students and then himself.
