By Gabriela de Camargo Gonçalves, Capital News Service

RICHMOND, Va. ‒ The backlog of cases in Virginia's circuit court system worsened during the pandemic. Some people have been jailed for more than a year as they wait for their court date, according to records requested from several jails across the state.

Circuit courts handle most civil cases of more than $25,000, along with family matters. It also has authority to hear felonies, in addition to appealed cases from the general district courts and juvenile and domestic relations district courts. 

Virginia's speedy trial law states that people in jail on a felony charge must be tried within five months. If they are not in jail, they must be tried within nine months. 

People can remain jailed for a number of reasons, including case continuances, multiple trials, and other circumstances, according to the Virginia Beach Sheriff's Office. 

A sentenced felon can sometimes wait up to five years in jail for a bed in prison, according to the sheriff's office. 

It can be difficult to determine the total jail population, or how long people wait in jail for a trial or sentencing. No central authority such as the Virginia Board of Local and Regional Jails holds access to those records, according to a response from the board. The board's role is to "guarantee the health, safety, and welfare of staff and offenders under its jurisdiction."

The Virginia Department of Corrections, or VADOC, referred a Capital News Service reporter's request for statewide jail population to the Board. The Board replied that the information would have to be obtained through each individual jail in Virginia. 

CNS contacted five jails based on region and population.

The waiting: The people serving time in jail the longest

A person has been jailed almost seven years in the Virginia Beach Correctional Center. They entered the jail on Aug. 24, 2016 and have a felony charge and several misdemeanors, according to a records request from the Virginia Beach Sheriff's Office. They now await sentencing.

A person has been jailed for over five years in the Richmond City Jail, the Richmond Sheriff's Office stated in response to a records request. Their stay began on Feb. 8, 2018.

A person entered the Fairfax County Adult Detention Center on Aug. 27, 2019, on a first degree murder charge. This person currently has about four and a half months until their next court date, according to a records request from the Fairfax jail. 

An individual incarcerated almost three years in Henrico County awaits adjudication for pending charges, according to the Henrico County Sheriff's Office. They entered the jail on July 30, 2020. Henrico County did not respond to requests for additional information by publication time. 

An individual at the Roanoke City Jail was jailed in November 2021 and has a court date scheduled for September, according to the jail's public information officer. The individual has returned to court 15 times to deal with five felony charges and has four more dates scheduled, according to the public information office.

The system: Some factors that contributed to court backlogs

"Most people ask for jury trials," said Edward Jewett, Richmond Circuit Court clerk. "So we have a lot scheduled, and so some have to get bumped. It's not a terrible backlog, but I would say that there is some backlog."

There were no 2022 studies on whether more circuit court judgeships should be established, the judiciary stated in its annual report to the General Assembly. The recommendation was made to fill current vacancies. At the end of the year, there were six statewide circuit court vacancies, five general district court vacancies and two juvenile and domestic relations court vacancies, per the report. 

A judge is more likely to find someone guilty than a jury, according to Richmond Chief Public Defender Tracy Paner. 

Although inmates have a mandated right to a "speedy" trial, in Richmond, there aren't necessarily dates available within those time frames, according to Paner. Often, the way to comply with the law is to have a substitute judge in place, Paner said.

The pandemic also stopped trials for a while, Paner said. Some jury trials have been postponed and some are already scheduled into next year, she said.

"There are clients who would plead guilty to that charge that they otherwise would not, when they're looking at no jail time or jail time they've already served," Paner said. "Just as a mechanism to get out of the jail."

A person waiting in jail faces the unknown and hopes for the best, but prepares for the worst, according to Paner. 

The public defenders under Paner's charge average a daily estimate of 100 cases per lawyer, she said. The types of cases vary, and there's no determination as to how many are being actively worked on and how many are in a waiting period, according to Paner.

The National Advisory Commission on Criminal Justice Standards and Goals states the caseload of a public defender should not exceed 150 felonies per year or more than 400 misdemeanors per year, excluding traffic cases.

The culture: Many say jail is worse than prison

People experience more anxiety in jail than in prison, according to Donyel Burrell. Burrell served almost two decades in prison on felony charges from the mid-'90s, and then returned to jail for several violations.

A person in jail has more anxiety because they are not very involved in the legal process, and do not know what might happen to them. There is less anxiety in prison, once there is a resolution. There also are more opportunities in prison, such as programs and opportunities to make money, according to Burrell.

"It's just a lot of anxiety, a lot of wondering what's going on and what's going to happen," Burrell said.

Burrell now works with REAL LIFE, an organization that helps individuals affected by incarceration, homelessness or substance use disorder, according to its website. 

Burrell has a front row view of the impact from the court's backlog, he said. He sees people from REAL LIFE whose cases keep getting "postponed, and postponed again," Burrell said.

"I see guys with petty larceny stuck there for four or five months waiting on their court dates," Burrell said.

REAL LIFE founder Sarah Scarbrough was the Richmond jail program director from 2013 to 2017. She oversaw behavior, health and preparatory programs, which ranged from addressing the continuous cycle of incarceration, to yoga, job preparation and more, according to Scarbrough.

The organization provides recovery housing options to people who have experienced overdoses, and who may be grateful for the incarceration or else they would be dead, Scarbrough said.

"It's sad that there isn't a process in place where they can be stopped and sat down in a place that isn't the penal system," Scarbrough said.

Scarbrough polled REAL LIFE program members for this story, and asked what was a more "comfortable" environment: jail or prison. With 34 votes, 95% voted for prison being more comfortable.

The system is designed to lock people up, Scarbrough said. The system is not designed for reform, she said.

"That is an issue," Scarbrough said. "We're saying correction, but we're not truly providing opportunities, or these opportunities are only talking points for somebody to be reelected."

By Gabriela de Camargo Gonçalves, Capital News Service

RICHMOND, Va. -- Two Virginia General Assembly bills seeking to strengthen the state's Freedom of Information Act will advance to the House calendar. 

Virginia FOIA laws, also known as sunshine laws, require public institutions to disclose public records, and provide access to government meetings unless an exemption applies. 

Del. Danica Roem, D-Prince William, introduced House Bill 2006 and HB 2007, which reported out of a committee on Thursday.

Government agencies can charge to provide public records. HB 2006 asks for such charges to have an electronic payment option. HB 2007 proposes that a public body state on its website how it assesses fees.

"I am for better or worse — and God, it seems like worse sometimes — absolutely hellbent on being the voice, if there can be no other, who is going to strongly, passionately support an accessible, strong Freedom of Information Act, as opposed to a restricted one that has so many exemptions," Roem said.

Roem encountered FOIAs in her more than 10 years as a journalist before going into public office. She recalled several deterrents to access public records requests. A constituent drove 40 minutes across the county to deliver a physical check to have a request fulfilled, Roem said.

"The current version more resembles a block of legislative Swiss cheese, than it does the law of the code of Virginia," Roem said.

Roem introduced FOIA legislation in prior sessions that did not advance, such as proposals to create a FOIA ombudsman — a designated authority — in the attorney general's office, establish a cap on hourly billing charges to fulfill records requests and to allow some free FOIA requests, with conditions.

"The point of the Freedom of Information Act is for the public to find out what the hell is going on with its government," Roem said. "For reporters to be able to perform their most essential duties, which is watchdog of the government."

Fewer people are using traditional forms of payment, so the proposed bills are a "step forward with the times," Megan Rhyne, the executive director of the Virginia Coalition for Open Government, stated in an email interview.

"If local governments are already using electronic means for various public transactions, like paying taxes via an electronic check or paying a recycling invoice by credit card, then they should use those systems to accept payment for FOIA requests," Rhyne stated.

This will help citizens who are "often blindsided" by the costs associated with sunshine laws, according to Rhyne.

"I support both of these bills, both of which are trying to chip away at the way in which the increasing costs of FOIA requests are putting government information out of the reach of the taxpayer," Rhyne stated. 

The methods of getting information are "crucially important in this time." There is less media coverage on the government in some parts of the state, according to Dina Weinstein, president of the Virginia Pro Chapter of the Society of Professional Journalists.

"We need to know this information and making it inaccessible is not democratic," Weinstein said.

A fee used to be an exception for a FOIA requester, but it is increasingly becoming the rule, said Tom Nash, the Virginia proxy for the nonprofit MuckRock. The organization aims to make government more transparent and helps file FOIA requests, according to its website.

"It's important for people to keep in mind that when government agencies ask us to pay for FOIA requests, essentially, we are paying for the same information twice," Nash said. "Because we've already been paying government officials to do the work that they do, and part of that work is making documents."

Capital News Service is a program of Virginia Commonwealth University's Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

By Gabriela de Camargo Gonçalves, Capital News Service

RICHMOND, Va. -- Gun rights advocates fear a new merchant code for firearm purchases is an unnecessary attack on their civil liberties, while gun safety advocates say the code just levels the playing field.

The International Standards Organization approved last month a petition from New York-based Amalgamated Bank for a new merchant code. The ISO is Geneva-based nonprofit with global members who establish best practices across a range of subjects, according to its website.

The new code categorizes gun sales at gun and ammunition stores, which will allow banks to report suspicious activity and illegal gun sales, according to a press release from Priscilla Sims Brown, president and CEO of Amalgamated Bank.

Visa, Mastercard and American Express credit cards plan to adopt the new code, according to multiple reports, though it is unclear how widespread implementation will work. 

“This action answers the call of millions of Americans who want safety from gun violence and we are proud to have led the broad coalition of advocates, shareholders, and elected officials that achieved this historic outcome,” Brown stated. 

Credit card providers categorize purchases under merchant category codes, or MCCs, that classify businesses by their predominant business activity, according to the IRS. Categories cover many industries, including many types of building contractors, travel and leisure services, entertainment and recreation, and even escort services.

A Mastercard reference booklet from 2020 listed firearms under the MCC “durable goods — not elsewhere classified.” Other items in the same MCC include wood chips and musical instruments. Firearms and ammunition stores also appear in the same booklet under the MCC “miscellaneous and specialty retail stores,” along with sunglasses shops, magic stores and beauty supply stores.

The new code allows for the separate categorization of firearm purchases.

The Virginia Citizens Defense League lobbies the General Assembly for “good gun rights” and to stop gun control measures, according to Philip Van Cleave, the organization’s president. 

“Gun owners are not in the mood for anything that — in any way, shape or form — implies that we’re being monitored, or our rights are attempted to be curtailed,” Van Cleave said.

The code will not be useful for gun control, Van Cleave said.

Virginia Attorney General Jason Miyares joined 23 other attorneys general from across the country in a letter against the new merchant category. Miyares is against the collection and tracking of private data by “big government and big businesses,” his office stated in an email comment.

“This new policy will do little more than put Virginians’ privacy at risk,” Miyares stated, “and discourage law-abiding citizens from exercising their constitutional right to purchase a firearm.”

The purchase of firearms should be “no one’s business but their own,” Miyares stated.

“To reduce gun violence, we need to get violent, repeat offenders off our streets instead of tracking lawful purchases at Bass Pro Shop,” Miyares stated.

The Giffords Law Center to Prevent Gun Violence, an organization that works to prevent gun violence through legislation, offered research to Amalgamated Bank in the development of the category code. There shouldn’t be “special treatment” for gun stores since the same rules already apply to other businesses, according to Adam Skaggs, chief council and policy director at the Giffords Law Center.

This code won’t necessarily lead to any new laws, rather it levels the playing field, Skaggs said. However, it could help detect illegal activities like gun trafficking, according to Skaggs.

Gun rights advocates worry the code may flag, or not be able to distinguish, high-dollar purchases from stores that sell firearms. Van Cleave used the example of a boat purchased from a store that also sells firearms, and voiced concern over the possibility of unnecessary scrutiny. 

The code is for gun stores and stores that sell firearms and ammunition. Stores that sell other merchandise, like Bass Pro Shops and Walmart, could have “dedicated cash registers” to use the code and keep purchases separate, Skaggs stated. Pharmacies, Skaggs pointed out, keep track of separate transactions for prescription drugs and general merchandise.

“I do think it’s a tool, and given the levels of gun violence and how much illegal gun trafficking and gun crime we see in this country, every tool that should be used to improve the situation is a way that we should pursue,” Skaggs stated.

The “small change” could help prevent huge tragedies, said Nick Suplina at a New York press conference announcing the new code. Suplina is the vice president of policy and law with Everytown for Gun Safety. He pointed to the thousands of dollars spent on guns and ammunition used in the mass shootings in Aurora, Colorado; Orlando, Florida; and Las Vegas, Nevada. Such expensive and multiple purchases could in theory be flagged under the new code, Suplina said.

Virginia had a firearm mortality death rate of approximately 13 people per 100,000 in 2020, according to Centers for Disease Control and Prevention. The lowest ranked state was Hawaii, with a mortality rate of approximately three people per 100,000. The highest ranked state was Mississippi, with approximately 29 deaths per 100,000.

Attorneys general for all but one of the top 10 states with the highest firearm mortality rate signed the letter expressing concern over use of the merchant code, according to an analysis by Capital News Service.

The idea that credit card companies will try to block lawful gun purchases couldn’t be “further from the truth,” Skaggs said. The merchant code is not a method to keep tabs on individuals, as the code does not provide product specific data, but could ultimately help law enforcement with investigations, he said.

“You would think the chief law enforcement officer of the commonwealth of Virginia, the attorney general, would side with law enforcement instead of mass shooters, but apparently that’s not the case,” Skaggs said.