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VIRGINIA: Virginia State Bar DISMISSES Complaint Against Virginia's DCSE



 
 
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  #1  
Old February 14th 06, 09:10 PM posted to alt.child-support
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Default VIRGINIA: Virginia State Bar DISMISSES Complaint Against Virginia's DCSE

Here's an email I just received:

Dear Mr. Briggman,

This is in response to your inquiry to Ms. Townsend. The UPL Committee
voted unanimously to dismiss the UPL complaints you filed against
several DCSE employees. The Committee determined that the employees'
acts of completing, signing and filing the petitions or motions did
constitute the practice of law, however, the Committee concluded that
Virginia Code Section 16.1-260 (A) authorizes the activity which is the
subject of your complaints and therefore such activity is the
authorized practice of law by such employees.

You will receive a letter to this effect in the very near future.


-------------------------------------------------------------

The State Bar failed to consider an AG's Opinion of 1983 which states
that non-attorney employees of DCSE may sign and file pleadings which
do not make legal conclusions...filing a motion for rule to show cause
specifically does draw a legal conclusion, that being, that the NCP is
in contempt because they failed to obey a court order.

I guess I'll continue with the Petition for Writ of Quo Warranto.

Quite a stacked deck we have in Virginia where even the State Bar will
allow non-attorney employees of DCSE to actually engage in the practice
of law.

  #2  
Old February 15th 06, 04:52 AM posted to alt.child-support
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Default VIRGINIA: Virginia State Bar DISMISSES Complaint Against Virginia's DCSE


wrote in

The State Bar failed to consider an AG's Opinion of 1983 which
states............


Opinion? Since when does opinion replace a law?

Quite a stacked deck we have in Virginia where even the State Bar will
allow non-attorney employees of DCSE to actually engage in the practice
of law.


Funny how the DA didn't originally know all this and offered to represent
the employees?

Does the State Bar's own ruling not violate their own Creed to uphold the
practice of law?

They must answer to somebody?


  #3  
Old February 16th 06, 03:38 PM posted to alt.child-support
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Default VIRGINIA: Virginia State Bar DISMISSES Complaint Against Virginia's DCSE

I should re-state this, DB. The AG's Opinion states that DCSE may sign
any type of a pleading which does NOT present a legal conclusion.
Clearly a Motion for Rule to Show Cause presents a legal conclusion.
The AG's Opinion in every state, has the force of law until challenged
in court.

I don't happen to believe DCSE non-attorney employees have the ability
to sign any pleading -- and such signatures do, in fact, violate the
Rules of the Supreme Court of Virginia.

Obviously, DCSE and Social Services have staff attorneys...the AG's
argument here is that because it says "the Department of Social
Services may file support petitions on its own motion with the clerk,"
and two other subsections state the word "ATTORNEY" specifically, the
implication is that anyone who works for Social Services can sign their
own petitions.


Here's the statute the Attorney General's Office and the Virginia State
Bar are relying upon:

16.1-260. Intake; petition; investigation.

A. All matters alleged to be within the jurisdiction of the court shall
be commenced by the filing of a petition, except as provided in
subsection H of this section and in 16.1-259. The form and content
of the petition shall be as provided in 16.1-262. No individual
shall be required to obtain support services from the Department of
Social Services prior to filing a petition seeking support for a child.
Complaints, requests and the processing of petitions to initiate a case
shall be the responsibility of the intake officer. However, (i) the
attorney for the Commonwealth of the city or county may file a petition
on his own motion with the clerk, (ii) the Department of Social
Services may file support petitions on its own motion with the clerk,
and (iii) any attorney may file petitions on behalf of his client with
the clerk except petitions alleging that the subject of the petition is
a child alleged to be in need of services, in need of supervision or
delinquent. Complaints alleging abuse or neglect of a child shall be
referred initially to the local department of social services in
accordance with the provisions of Chapter 15 ( 63.2-1500 et seq.) of
Title 63.2. Motions and other subsequent pleadings in a case shall be
filed directly with the clerk. The intake officer or clerk with whom
the petition or motion is filed shall inquire whether the petitioner is
receiving child support services or public assistance. No individual
who is receiving support services or public assistance shall be denied
the right to file a petition or motion to establish, modify or enforce
an order for support of a child. If the petitioner is seeking or
receiving child support services or public assistance, the clerk, upon
issuance of process, shall forward a copy of the petition or motion,
together with notice of the court date, to the Division of Child
Support Enforcement.

 




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