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Right to Appeal or Court Packing? A Look at the Move to Expand Virginia's Court of Appeals

Court of Appeals of Virginia Website

Lawmakers are about to consider a proposal to expand the appeals court in Virginia.

Virginia is the only state in the country that does not guarantee a right to appeal, allowing circuit court judges to make decisions with little oversight or scrutiny. For years, the Supreme Court of Virginia has recommended an appeal of right as a long-term goal. Now, Governor Ralph Northam is on board, including it as a budget priority as part of a package of spending items to modernize the criminal justice system.

"We are also proposing to add four judges to Virginia's Court of Appeals along with support staff to ensure the court can hear more appeals cases in a timely manner under an increasing workload," he explained.

Some Republicans say Northam wants to pack the court. One of the Republicans who has been particularly outspoken in his opposition to the proposal is Delegate Jason Miyares of Virginia Beach, who’s running for attorney general.

"This governor and you have one-party rule in Richmond know that they can expand the Court of Appeals, which has a lot of common-sense judges on there, and put in there what I would call a criminal-first mentality judicial system is what they're trying to aim for," said Miyares.

In January, lawmakers will be considering a bill to increase the size of the appeals court from 11 judges to 15 judges, expanding the jurisdiction of the court and guaranteeing a right to appeal.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Michael Pope is an author and journalist who lives in Old Town Alexandria.