Decertifying disgraced judges to protect the public

Part 4 of a 4-part series 

In January 2023, in response to my op-ed in the Virginia Lawyers Weekly, Virginia Senator Chap Petersen and I, supported by the Chair of the Judiciary Committee, Senator Creigh Deeds, and the entire Senate Judiciary Committee, presented a bill, SB 843, that prevented ousted judges from sitting on the bench at all, bridging the gap between a mere concept and the goal the legislative body sought when it removed these terrible judges from office. The community agreed unanimously that, once judges are removed, they should not be permitted to get their jobs back because of a loophole. Our vision sought to prevent further victimization of community members at the hands of the judges who had previously been justifiably removed. 

Thanks to this vision, there is momentum for the idea, as voiced by Senator Deeds, that there should be greater scrutiny of retired judges who have failed to be reelected before those judges are allowed to do substitute work. To that end, these lawmakers now require that every judge be scrutinized for their actions before they are permitted to sit as a substitute judge. 

Shockingly, it was during this same session in Richmond that I witnessed three ousted wayward judges (Mutnick, Cantrell, and Horan) appear with the audacious intent of becoming certified as substitute judges under the new law. Having clearly demonstrated a disrespect for citizens with their tyranny, they still sought reappointment. The idea was preposterous to me. Thankfully, these three judges failed miserably without protection from their friend, the chief judge.

With a few calls and texts, I harnessed critical bipartisan support from important community leaders and lawmakers for the effort. Then, on Feb. 13 and 17, respectively, the Senate and the House of Delegates got a unanimous vote in their committees in favor of decertifying all three judges, sending a strong message that privileged relationships were no longer going to be protected—that Virginia will no longer be ruled by wayward judges whose fitness to sit on the bench has already been clearly shown by our legislature to be lacking. The reign of terror that had existed in Fairfax County for decades ended. Judges Michael Cantrell, Mitchell Mutnick and Richard “Butch” Horan will never sit as judges again.

Sadly, days earlier, in a stealth move on Jan. 23, 2023, a Virginia senator introduced Senate Joint Resolution No. 279, “commending” Mutnick, one of the ousted judges. He had become a judge in 2004, allegedly through a close family connection he had with former State Senator Joseph V. Gartlan, Jr., when he was neither “highly recommended” nor even “recommended” by the Fairfax Bar Association judicial screening committee and was outvoted by other judicial candidates the year he ran for judge. This commendation was done through a block vote and, other than the one Virginia senator who introduced the resolution, very few people read the commending resolution. The chair of the Senate Judiciary, Deeds, was unaware that Mutnick was being given a commendation. Even members of the Fairfax Delegation, including Virginia Delegate Marcus Simon, said they had not been informed of this commendation.

Former member of the House of Delegates Mark Levine told me, “...apparently no one noticed this particular commendation. …I remember why we didn’t renew Cantrell and Mutnick’s terms as judges, and had I been in the legislature at the time and noticed Mutnick’s commendation, I would have asked to remove them from the bloc for a separate vote. I think that had that happened, he would have been rejected.”

When other lawmakers and flabbergasted community leaders asked why a commendation had been given to a judge who was removed and forced to retire due to bad behavior—a judge ranked fifth from the last—the introducing senator’s response was not that he deserved it, but that, “I don’t care. I give them to every single judge who retires in a circuit I represent. I have been doing it for years.” 

Thankfully, Petersen showed integrity by not following the policy of this one, commending senator and choosing not to commend Cantrell, as well as his constituent. Other senators referred to Mutnick’s commendation as a “meaningless affirmation.” 

Commending a decertified judge is meaningless, but it’s crucial to hold irresponsible judges accountable to prevent a culture of impunity among the privileged few. Any affirmation of a wayward judge sends a message to the community that we cannot hold our accountable when they become irresponsible. Fortunately, some lawmakers and attorneys are taking a courageous stand for justice. 

Andaleeb ‘Andi’ Geloo, attorney and author of ‘Andi’s Law,’ graduated with honors from George Washington Law School, practices in Fairfax County, and handles pro bono cases.i