Richmond Times-Dispatch, – February 21, 2021 (Long)
A broad section of Chesterfield’s legal community, along with a number of current and former politicians, the Virginia Legislative Black Caucus and the state NAACP, have thrown their support behind O’Berry.
At least 35 people lined up to speak on her behalf at the Dec. 11 joint meeting of the Senate Judiciary and House Courts of Justice committees that interviewed judges.
At the same gathering, O’Berry was met with strong opposition by supporters of criminal justice reform, including community activists and the Chesterfield Branch of the NAACP. Many accused O’Berry of doling out harsh punishments, wrongly holding criminal defendants without bail and disregarding their rights, especially in the Black and Hispanic communities.
Meets on: Monday, Wednesday, and Friday at ½ hour after adjournment in House Room 3
Members: Charniele Herring (Chair) – Les Adams – Rob Bell – Jeff Bourne – Jeff Campbell – Ronnie Campbell – Karrie Delaney – Steve Heretick – Patrick Hope – Terry Kilgore – Jay Leftwich – Mark Levine – Jason Miyares – Mike Mullin – Margaret Ransone – Don Scott – Marcus Simon – Rip Sullivan – Vivian Watts
11 Democrats and 8 Republicans
- Civil, Criminal
Meets on: Monday and Wednesday at 1/2 hr after adj in House Room 1
Meets on: Monday and Wednesday at 1/2 hr after adj; Wednesday 1.5 hr after adj. in House Room 3
Meets on: the call of the Chair in House Room 1
Bills in committee
SB 1123: Provides that in any case contesting the validity of a decedent’s will where a presumption of undue influence arises, the burden of producing evidence and the burden of persuasion as to the factual issue that undue influence was exerted over the testator shall be on the party against whom the presumption operates. Civil subcommittee recommends laying bill on the table (5 Yes to 3 No)
SB 1125: Requires the Parole Board, within seven days of making any decision regarding the parole of a prisoner, to provide written or electronic notice of such decision to the victim of the crime for which the prisoner was incarcerated, unless the victim has submitted a written request to forgo such notice.
SB 1180: Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Civil subcommittee failed to recommend reporting (4 Yes to 4 No)
SB 1306: Eliminates the mandatory minimum term of confinement of six months for an assault and battery committed against a judge, magistrate, law-enforcement officer, correctional officer, person directly involved in the care, treatment, or supervision of inmates, firefighter or volunteer firefighter, or emergency medical services personnel.
SB 1324: Provides that no action for damages or other relief alleging that a certified general real estate appraiser, a certified residential real estate appraiser, a licensed residential real estate appraiser, or an appraisal management company committed malpractice or negligence or an error, mistake, omission, or breach in an appraisal or appraisal report, whether based on contract or tort, shall be brought unless it is filed in a court of competent jurisdiction and proper venue within five years from the date of the malpractice, negligence, error, mistake, omission, or breach.
SB 1384: Allows a participating locality, for any procurement solicitation or contract exceeding $10,000 for goods and services, to require the bidder or offeror to disclose certain information regarding pre-dispute arbitration clauses, defined in the bill, in employment, civil rights, and consumer disputes, and provides that a locality may consider the policies and practices related to the arbitration of each bidder and offeror. Civil subcommittee failed to recommend reporting (4 Yes to 4 No)
SB 1437: Eliminates the requirement that a promise to appear be completed after the issuance of a summons for a misdemeanor offense or an administrative violation. Assigned to Criminal subcommittee
Bills reported out
HB 1775: Adds the State Corporation Commission to the list of agencies that are exempt from paying fees for remote access to local land records. Senate constitutional reading dispensed (38 Yes to 0 No)
HB 1801: Increases the minimum fine for dumping or disposing of litter, trash, or other unsightly matter on public or private property from $250 to $500. Bill passed both the House and Senate
HB 1806: Provides that if a motion to suspend or otherwise modify a person’s sentence is filed with the court that heard the case at any time before the person is transferred to the Department of Corrections (the Department), the court may enter an order to retain jurisdiction over the matter for up to 60 days in order to consider and rule on such motion. House voted to adopt (100 Yes to 0 No)
HB 1814: Provides that the Virginia minimum hourly wage shall be used to calculate the amount of a person’s aggregate disposable earnings protected from garnishment if it is greater than the federal minimum hourly wage. Awaiting Governor action
HB 1821: Prohibits the arrest or prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol, possession of a controlled substance, possession of marijuana, intoxication in public, or possession of controlled paraphernalia if (i) such individual, in good faith, renders emergency care or assistance, including cardiopulmonary resuscitation (CPR) or the administration of naloxone or other opioid antagonist for overdose reversal, to an individual experiencing an overdose while another individual seeks or obtains emergency medical attention; (ii) such individual remains at the scene of the overdose or at any location to which he or the individual requiring emergency medical attention has been transported; (iii) such individual identifies himself to the law-enforcement officer who responds; and (iv) the evidence for a prosecution of one of the enumerated offenses would have been obtained only as a result of the individual’s rendering emergency care or assistance. Awaiting Governor action
HB 1852: Creates the Uniform Collaborative Law Act, which provides a framework for the practice of collaborative law, a process entered into voluntarily by clients for the express purpose of reaching a settlement in a family or domestic relations law matter, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. Bill passed both the House and Senate
HB 1853: Repeals the provision prohibiting the Supreme Court of Virginia from adopting a disciplinary rule requiring that lawyers deposit client funds in an interest-bearing account. Passed Senate with amendment (36 Yes to 3 No)
HB 1856: Permits trusts, advance medical directives, and refusals to make anatomical gifts to be signed and notarized, as appropriate, by electronic means. Passed by indefinitely in Senate Judiciary committee with letter (12 Yes to 0 No)
HB 1866: Permits court-appointed special advocates to participate in and verbally share information with family partnership meetings and in meetings of family assessment and planning teams, multidisciplinary child sexual abuse response teams, individualized education program teams, and multidisciplinary teams related to child abuse. Bill passed both the House and Senate
HB 1867: Provides that the requirement that the Virginia Workers’ Compensation Commission found that police records show the crime was promptly reported no more than 120 hours after it occurred in order to award a claimant funds from the Criminal Injuries Compensation Fund does not apply to claims of sexual abuse. Bill passed both the House and Senate
HB 1878: Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. Awaiting Governor action
HB 1882: Provides that a deed of trust that has been recorded and that states that it secures indebtedness or other obligations under a loan document and that it also secures indebtedness or other obligations under such loan document as it may be amended, modified, supplemented, or restated shall secure such loan document as amended, modified, supplemented, or restated from time to time, without the necessity of recording an amendment to such deed of trust. Awaiting Governor action
HB 1895: Provides that no interest shall accrue on any fine or costs imposed in a criminal case or in a case involving a traffic infraction (i) for a period of 180 days following the date of the final judgment imposing such fine or costs; (ii) during any period the defendant is incarcerated; and (iii) for a period of 180 days following the date of the defendant’s release from incarceration if the sentence includes an active term of incarceration. Bill passed both the House and Senate
HB 1897: Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer. Defeated in Senate Judiciary (7 Yes to 8 No)
HB 1911: Removes the corroborating witness requirement for no-fault divorces. Bill passed both the House and Senate
HB 1912: Provides that the Department of Juvenile Justice is no longer required to apply for child support from, and the parent of a juvenile is no longer responsible to pay child support to, the Department of Social Services for a juvenile who is in the temporary custody of or committed to the Department of Juvenile Justice. Bill passed both the House and Senate
HB 1936: Creates degrees of punishment corresponding to the severity of a robbery offense. Any person who commits a robbery and causes serious bodily injury to or the death of another person is guilty of a Class 2 felony. House voted to adopt (54 Yes to 45 No)
HB 1951: Abolishes the common-law crime of suicide. Defeated in Senate Judiciary (5 Yes to 10 No)
HB 1991: Clarifies that the Department of Juvenile Justice (the Department) may petition the court that committed a juvenile for a hearing for an earlier release of a juvenile when good cause exists for an earlier release as permitted under current law and shall petition the committing court for a determination as to the continued commitment of each juvenile committed as a serious offender at least 60 days prior to the second anniversary of the juvenile’s date of commitment and at least 60 days prior to each annual anniversary thereafter as required under current law, notwithstanding the terms of any plea agreement. Passed Senate with amendments (23 Yes to 16 No)
HB 1992: Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. A person who violates this provision is guilty of a Class 1 misdemeanor. House voted to adopt (52 Yes to 46 No)
HB 2002: Provides that in any case in which a petitioner is seeking to establish child support, the intake officer shall provide the petitioner information on the possible availability of medical assistance through the Family Access to Medical Insurance Security (FAMIS) plan or other government-sponsored coverage through the Department of Medical Assistance Services. Bill passed both the House and Senate
HB 2010:Contains a technical amendment. This bill is declarative of existing law. Bill passed both the House and Senate
HB 2012: Changes the punishment and sentencing requirements for a violation of a preliminary child protective order so that the maximum penalty is a Class 1 misdemeanor and the court is no longer required to enter a permanent family abuse protective order (i.e., a protective order with a maximum duration of two years) upon a conviction of a violation of a preliminary child protective order. Bill passed both the House and Senate
HB 2017: Authorizes any jurisdiction to establish a youth justice diversion program, defined in the bill as a diversionary program that (i) is monitored by a local youth justice diversion program advisory committee; (ii) uses juvenile volunteers as lawyers, jurors, and other court personnel; (iii) uses volunteer attorneys as judges; (iv) conducts peer trials, subject to the juvenile and domestic relations court’s jurisdiction, of juveniles who are referred to the program by an intake officer; and (v) imposes various sentences emphasizing restitution, rehabilitation, accountability, competency building, and education, but not incarceration. Reported from Senate Finance and Appropriations Committee (15 Yes to 0 No)
HB 2018: Allows the circuit court, upon a finding that an incapacitated adult has been, within a reasonable period of time, subjected to an act of violence, force, or threat or been subjected to financial exploitation, to include in an emergency order for adult protective services one or more of the following conditions to be imposed on the alleged perpetrator: (i) a prohibition on acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) a prohibition on such other contacts by the alleged perpetrator with the adult or the adult’s family or household members as the court deems necessary for the health and safety of such persons; or (iii) such other conditions as the court deems necessary to prevent (a) acts of violence, force, or threat; (b) criminal offenses that may result in injury to persons or property; (c) communication or other contact of any kind by the alleged perpetrator; or (d) financial exploitation by the alleged perpetrator. Passed Senate (39 Yes to 0 No)
HB 2038: Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. Passed Senate with substitute (23 Yes to 16 No)
HB 2047: Permits the admission of evidence concerning a defendant’s mental condition at the time of an alleged offense, including expert testimony, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. Senate requested a conference committee
HB 2055: Provides that a party’s incarceration for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. Passed Senate with amendments (21 Yes to 18 No)
HB 2056: Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation. Defeated in Senate Judiciary Committee (7 Yes to 7 No to 1 Abstain)
HB 2064: Provides that if a clerk has an eRecording System, the clerk shall follow the provisions of the Uniform Real Property Electronic Recording Act. Bill passed both the House and Senate
HB 2073: Provides that, in a civil action for the wrongful death of an injured person, such an action may be brought by a personal representative of a decedent within two years after the death of the person or, if applicable, within two years of the conclusion of a criminal investigation by law enforcement of such death, whichever is longer. Passed by indefinitely in Senate Judiciary committee with letter (15 Yes to 0 No)
HB 2099: Reduces from 20 years to 10 years from the date of a judgment the period of time within which an execution may be issued or action may be taken on such judgment. Reported from Senate Finance and Appropriations with amendment (12 Yes to 2 No)
HB 2110: Requires the Virginia Criminal Sentencing Commission to collect and disseminate, on an annual basis, statewide and locality-level data related to adults charged with criminal offenses punishable by confinement in jail or a term of imprisonment. Bill passed both the House and Senate
HB 2113: Establishes a process for the automatic expungement, defined in the bill, of criminal records for certain convictions, deferred dispositions, and acquittals and for offenses that have not been prosecuted or otherwise dismissed. Reported from Senate Finance and Appropriations Committee (10 Yes to 4 No)
HB 2132: Provides that the discovery of, perception of, or belief about another person’s actual or perceived sex, gender, gender identity, or sexual orientation, whether or not accurate, is not a defense to any charge of capital murder, murder in the first degree, murder in the second degree, voluntary manslaughter, or assault and bodily wounding-related crimes and is not provocation negating or excluding malice as an element of murder. Reported from Senate Finance and Appropriations Committee (14 Yes to 1 No)
HB 2133: Establishes a procedure for victims of sex trafficking to file a petition of vacatur in circuit court to have certain convictions vacated and the police and court records expunged for such convictions. House voted to adopt (98 Yes to 0 No)
HB 2139: Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. Passed Senate with substitute (30 Yes to 8 No)
HB 2147: Renames the Division of Human Rights in the Department of Law as the Office of Civil Rights. Passed Senate (23 Yes to 16 No)
HB 2150: Provides that upon (i) certification by the general district court of any felony charge and ancillary misdemeanor charge or when an appeal of a conviction of an offense in general district court is noted or (ii) certification by the juvenile and domestic relations district court of any felony charge and ancillary misdemeanor charge committed by an adult or when an appeal of a conviction or adjudication of an offense is noted, jurisdiction as to such charges shall vest in the circuit court unless such case is reopened, modified, vacated, or suspended or the appeal has been withdrawn in the district court within 10 days. Bill passed both the House and Senate
HB 2167: Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board’s decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. Senate requested a conference committee
HB 2168: Provides that any person who conducts, finances, manages, supervises, directs, or owns a gambling device that is located in an unregulated location is subject to a civil penalty of $25,000. Senate requested a conference committee
HB 2169: Reorganizes the statute penalizing prostitution into two distinct sections. The penalties for all offenses remain unchanged. Bill passed both the House and Senate
HB 2190: Provides that an award in a wrongful death action, where there is no surviving spouse of the decedent, children of the decedent, or children of a deceased child of the decedent, shall be distributed to the parents, brothers and sisters of the decedent, and any other family member who is primarily dependent on the decedent and the same member of the decedent’s household. Passed Senate with substitute (39 Yes to 0 No)
HB 2192: Requires support orders to contain a provision requiring an obligor to keep the Department of Social Services or a court informed of, in addition to the name, address, and telephone number of his current employer, any change to his employment status and if he has filed a claim for or is receiving unemployment benefits. Passed Senate (39 Yes to 0 No)
HB 2193: Provides that, in any case in which a plaintiff or counterclaim plaintiff is seeking a civil judgment against a defendant or counterclaim defendant, if the parties enter into a written settlement agreement, upon request of the parties, dismissal of such case shall be stayed to allow for full compliance with such settlement agreement. Passed Senate with amendment (39 Yes to 0 No)
HB 2194: Provides that any person 18 years of age or older who communicates a threat in writing, including an electronically transmitted communication producing a visual or electronic message, to another to kill or to do serious bodily injury to any other person and makes such threat with the intent to (i) intimidate a civilian population at large; (ii) influence the conduct or activities of a government, including the government of the United States, a state, or a locality, through intimidation; or (iii) compel the emergency evacuation, or avoidance, of any place of assembly, any building or other structure, or any means of mass transportation is guilty of a Class 5 felony. Bill passed both the House and Senate
HB 2233: Provides that an order of restitution shall be docketed in the name of the Commonwealth, or a locality if applicable, on behalf of a victim, unless the victim named in the order of restitution requests in writing that the order be docketed in the name of the victim. Bill passed both the House and Senate
HB 2234: Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of sex trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation of another, (ii) such offense was committed as part of a commercial sex trafficking scheme, or (iii) such offense was committed at the direction of an operator of a commercial sex trafficking scheme. Passed Senate with substitute (39 Yes to 0 No)
HB 2236: Provides that if an offender determined to be eligible to participate in a behavioral health docket resides in a locality other than that in which the behavioral health docket is located, or such offender desires to move to a locality other than that in which the behavioral health docket is located, and the court determines it is practicable and appropriate, the supervision of such offender may be transferred to a supervising agency in the new locality. Bill passed both the House and Senate
HB 2254: Provides that any person who, with the intent to coerce, harass, or intimidate, disseminates to any person 18 years of age or older any unsolicited, obscene videographic or still image created by any means whatsoever that depicts himself totally nude, or in a state of undress so as to expose his own genitals, pubic area, buttocks, or female breast is guilty of a Class 1 misdemeanor. Passed by indefinitely in Senate Judiciary committee with letter (8 Yes to 5 No to 1 Abstain)
HB 2258: Authorizes the Department of State Police to release Substantial Risk Order Registry information upon request to institutions of higher education and other research organizations or institutions for the purpose of monitoring and evaluating the impact of substantial risk orders on public safety. Bill passed both the House and Senate
HB 2263: Abolishes the death penalty, including for those persons currently under a death sentence. The bill incorporates HB 1779. Passed Senate (22 Yes to 16 No)
HB 2290: Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Bill passed both the House and Senate
HB 2312: Eliminates criminal penalties for simple possession of marijuana, modifies several other criminal penalties related to marijuana, and provides for an automatic expungement process for those convicted of certain marijuana-related crimes to have such crimes automatically expunged by July 1, 2026. Senate requested a conference committee
HB 2317: Increases from 15 to 19 the total number of members of the Advisory Committee on Sexual and Domestic Violence (the Advisory Committee) by adding the Executive Director of the Virginia Victim Assistance Network and by increasing from six to nine the number of nonlegislative citizen members. Passed Senate (39 Yes to 0 No)
HB 2331: Eliminates mandatory minimum sentences of confinement for certain crimes. Reported from Senate Finance and Appropriations with substitute (10 Yes to 3 No to 1 Abstain)
HJ 629: Confirms the appointment by the Chief Justice of the Supreme Court of Virginia of the Honorable Edward L. Hogshire as Chairman of the Virginia Criminal Sentencing Commission. Agreed to by Senate (38 Yes to 0 No)
Commissions & Boards
oint Subcommittee to Study Barrier Crimes and Criminal History Records Checks
Study of the Commonwealth’s laws related to barrier crimes and criminal history records checks and development of recommendations related to (i) whether statutory provisions related to criminal history records checks, barrier crimes, and barrier crime exceptions should be reorganized and consolidated into a central location in the Code of Virginia; (ii) whether certain crimes should be removed from the list of barrier crimes; (iii) whether barrier crime exceptions and waiver processes should be broadened; (iv) whether the required amount of time that must lapse after conviction of certain barrier crimes should be shortened; and (v) other changes that could be made to criminal history records check and barrier crimes requirements that would improve the organization, effectiveness, and fairness of such provisions.
Criminal Justice Services Board
Supervisory board of the Department of Criminal Justice Services which is the planning and coordinating agency responsible for the implementation and administration of any federal programs for strengthing and improving law enforcement, and the administration of criminal justice, and delinquency prevention and control throughout the Commonwealth.
Criminal Sentencing Commission
To develop discretionary sentencing guidelines to achieve the goals of certainty, consistency, and adequacy of punishment with due regard to the seriousness of the offense, the dangerousness of the offender, deterrence of individuals from committing criminal offenses,and the use of alternative sanctions, where appropriate.
Disbursement Review Committee
Provide input to the Attorney General on forfeitures through the U.S. Department of Justice Asset Forfeiture Program or the U.S. Treasury Executive Office for Asset Forfeiture
Committee on District Courts
Authorizing the appointment of substitute judges pursuant to § 16.1-69.14, authorizing the establishment of clerks’ offices in counties or cities as may be required and establishing when such offices are open for business, authorizing the appointment of personnel for the district courts and establishing procedures for administrative review of appeals from personnel actions for district court personnel and magistrates, fixing salary classification schedules of court personnel and establishing vacation and sick leave for district court judges, district court personnel and magistrates, and for such other duties or matters as may be conferred upon by law.
Forensic Science Board
VA Council Interstate Compact for Juveniles
The Council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the Council, including development of policies concerning operations and procedures of the compact within Virginia.
Judicial Conference of Virginia for District Courts
There is hereby established a Judicial Conference of Virginia for District Courts whose active members shall be the judge of every general district court and juvenile and domestic relations district court of the Commonwealth. The Attorney General of Virginia, the chairmen of the Courts of Justice Committees of the Senate and House of Delegates or their designees who shall be members of the Courts of Justice committees, the president and secretary of the Virginia State Bar, the president and secretary of the Virginia Bar Association, the president and secretary of the Virginia Trial Lawyers Association, the president and secretary of the Old Dominion Bar Association, the president and secretary of the Virginia Association of Commonwealth’s Attorneys, the president and secretary of the Virginia Women Attorneys Association, the president and secretary of the Virginia College of Criminal Defense Attorneys, and the president and secretary of the Virginia Association of Defense Attorneys shall be honorary members of the Conference without voting privilege.
Judicial Council of Virginia
Judicial Inquiry and Review Commission
To investigate charges arising out of the present or any prior term of office which would be the basis for retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia.
Advisory Committee on Juvenile Justice
Advise and assist all agencies on matters related to the prevention and treatment of juvenile delinquency and the administration of juvenile justice in the Commonwealth.
Virginia Advisory Committee on Sexual and Domestic Violence
The Advisory Committee shall have the responsibility for advising and assisting the Board, the Department, all agencies, departments, boards, and institutions of the Commonwealth, and units of local government, or combinations thereof, on matters related to the prevention and reduction of sexual and domestic violence in the Commonwealth, and to promote the efficient administration of grant funds to state and local programs that work in these areas.
Commission To Study Slavery and Subsequent De Jure and De Facto Racial and Economic Discrimination Against African Americans
To study the current impact and long-term inequities of slavery and subsequent de jure and de facto racial and economic discrimination against African Americans
Virginia African American Advisory Board
The Virginia African American Advisory Board (the Board) is established as an advisory board in the executive branch of state government.
Qualifications: The Board shall have a total membership of 26 members that shall consist of 21 nonlegislative citizen members and five ex officio members. Nonlegislative citizen members shall be appointed as follows: 21 members, at least 15 of whom shall be African American, to be appointed by the Governor, subject to confirmation by the General Assembly. The Secretaries of the Commonwealth, Commerce and Trade, Education, Health and Human Resources, and Public Safety and Homeland Security or their designees shall serve ex officio with nonvoting privileges.
Virginia Indigent Defense Commission
To develop and publicize a list of and develop and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159.