Portrait of controversy: backlash to honoring a judge’s troubled legacy

When local attorney Andi Geloo heard that the Fairfax Bar Association was planning to unveil a portrait of former judge Mitchell Mutnick, she was shocked. The ceremony, held recently in Courtroom 1E of the Fairfax County General District Court, was meant to celebrate Mutnick’s years on the bench, but for some, like Geloo, it served as a painful reminder of systemic issues that continue to plague the judiciary.

Mutnick’s tenure as a judge was marred by allegations of bias, disrespect, and misuse of judicial authority. In February 2023, the Virginia General Assembly decertified Mutnick, along with two other judges, Michael Cantrell and Richard “Butch” Horan, after years of complaints from attorneys and litigants. Under a new law, they were decertified and held “not eligible to sit in any capacity anymore.” 

With that backdrop, the Fairfax Bar Association decided to honor Mutnick with a portrait that would hang in the courthouse. At the ceremony, honoring his over three decades as a judge, Mutnick said, “In those 36 years, I’ve done a lot to help people.” He included changes that he recommended to the courthouse to increase safety protocols during the Covid pandemic, reduce the number of days that prisoners spent in jail during holidays and “help people.”

The state legislative decision to decertify the three judges, including Mutnick, followed documentation of allegations against them for poor judicial performance evaluations and repeated failures to meet the standards expected of judges. Mutnick received low marks for “patience,” “respect,” and impartiality.

“This wasn’t just about recognizing a judge,” said Geloo, who witnessed alleged abuses of power by Mutnick in the courtroom and attended the ceremony. “It’s about honoring a figure whom Virginia state legislators even criticized for alleged courtroom harassment and misconduct. Such recognition sends a troubling message, highlighting the deep-seated issues within the judicial system, where the influence of entrenched networks often overshadows accountability. By celebrating a judge with a controversial record, this ceremony symbolizes the persistent ‘good old boy’ culture that perpetuates injustice and undermines efforts to reform the judiciary.”

The ceremony was notably missing members of the Fairfax legislative delegation, whose members played a pivotal role in Mutnick’s forced retirement and decertification. In stark contrast to the typical turnout for such events, only one newly elected Virginia state representative, Senator Sadam Salim, was present.

At the event, Salim praised Mutnick’s years of service, emphasizing his long tenure and commitment to the court. Left unspoken were the allegations of misconduct that led to his removal in 2023.

Fairfax Bar Association President Elanna Weinstein defended the decision, telling Geloo it is “tradition” to honor retiring judges with a portrait and ceremony. 

Geloo argued that “tradition” is not a justification to honor a decertified judge with a portrait. 

“Tradition cannot be used to justify or excuse behavior that perpetuates abuse, racism, sexism, or other forms of discrimination,” Geloo said. “It’s true that some practices have a long history, but that doesn’t make them right. Promoting Jim Crow laws, aristocrats donning white robes to spread hate, and segregating schools are all examples of harmful ‘traditions’ that have no place in our society. Just because something has been done for a long time doesn’t mean it should continue. We must recognize when ‘tradition is rooted in oppression, discrimination, or injustice and work to change it. Blindly following long-standing traditions without questioning their impact can perpetuate harm and hinder progress.”