Recusal records

Dear Mr. Nash,

I am writing in response to your letter dated October 8, 2020, which was received in my Office on October 15, 2020. In your letter you indicate that you are following up on a request for records you allege was originally submitted to this Office on November 16, 2019. You also provide the content of the request you say you made on November 16, 2019, in which you request "[r]ecords from 2016-2019 showing any time a judge either (a) recuses/disqualifies himself/herself from a case or (b) discloses to the parties in a case a potential reason for recusal/disqualification but the parties agree to the judge keeping the case."

Please be advised that we do not have any records of a request from you or MuckRock News dated November 16, 2019. I did receive a January 7, 2020, request from you via email for DC-91 forms which is the Order Of Disqualification/Waiver Of Disqualification, and I responded to that request by email on January 13, 2020. I then received multiple follow-up requests from you by email related to your original request for the DC-91, all of which I answered.

Turning to the request dated November 16, 2019, the information requested is similar but not identical to what you requested in January 2020. It is actually broader because it is not limited to DC-91 forms and is for an additional two years. The DC-91 form is used by district court judges when they recuse themselves from a case. In addition, the bottom of the form is titled "Waiver of Disqualification" where parties can indicate agreement that the judge remain on the case. As I explained in my January 13, 2020, correspondence with you, this Office has some but not all of the DC-91 disqualification forms received from general district and juvenile and domestic relations district courts. This Office does not have the DC-91 disqualification forms if the case is one that can be reassigned by the local chief judge because they are not sent to this Office. In addition, any forms we could provide to you would not include forms from juvenile records as they are confidential. Of the forms received from the juvenile and domestic relations district courts, we would only be able to provide copies of the DC-91 from JDR adult criminal cases.

The estimated cost to provide copies of the DC-91 forms that we possess for years 2016-2019 is estimated to be $2,295.36. This cost includes the time for staff to search through the files in which the requested records are maintained, check for any confidentiality issues, scan, and reassemble the files.

Circuit court judges do not use the DC-91 and any recusal orders sent to this Office for circuit court judges would not be included in the above estimate. The estimated cost to provide the recusal orders from circuit court judges that have been sent to this Office for years 2016-2019 is $1,243.32. Documents that indicate waiver of disqualification are unlikely to be sent to this office; however, if such records have been sent to this Office and are in the files, a copy of the record will be included in our response. The estimated cost includes the time for staff to search through the files in which the requested records are maintained, check for any confidentiality issues, scan, and reassemble the files.

We will require a deposit of the full estimated amount of $3,538.68 ($2,295.36+$1,243.32) before processing your request. Please be aware that if the actual cost of producing the records is less than the estimate, you will be refunded the difference. Likewise, if the actual cost of producing the records is more than the estimate, you will be charged the additional amount. If you wish to move forward with your request, please make your check payable to the Treasurer of Virginia, note invoice #202117-LPR on your check and send it to Paula Davidson, Office of the Executive Secretary, Supreme Court of Virginia, 100 North 9th Street, 3rd Floor, Richmond, Virginia 23219.

You also requested any emails created in the process of responding to your request. Please find attached an email and its attachments responsive to this request. The email was readily available and any costs associated with producing this record have been waived.

Kristi

Kristi S. Wright
Director of Legislative and Public Relations
Office of the Executive Secretary, Supreme Court of Virginia
100 N. Ninth Street, Third Floor
Richmond, VA 23219
804-225-3474<tel:804-225-3474>

Please note my email address has changed. It is now
kswright@vacourts.gov<mailto:kswright@vacourts.gov>

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