Unless you’ve violated the law, or been the victim of a
crime, you probably give little thought to the Goochland Commonwealth’s
Attorney, a constitutional office. Indeed, it would be interesting to know how
many county residents could name the incumbent. That may well change as the
local election cycle shifts into high gear and voters cast their ballots.
On February
15, The Goochland Republican committee held a candidate forum at the Post 215
American Legion Hall where incumbent Goochland Commonwealth’s Attorney Mike
Caudill and challenger John Lumpkins, Jr. stated their case to be the GOP standard
bearer the November election. The candidate will be selected by members of the
committee at a mass meeting in March.
Information about the office from the Code of Virginia:
§ 15.2-1626. Attorney for the Commonwealth.
The voters in every
county and city shall elect an attorney for the Commonwealth unless otherwise
provided by general law or special act. The attorney for the Commonwealth shall
exercise all the powers conferred and perform all the duties imposed upon such
officer by general law. He may perform such other duties, not inconsistent with
his office, as the governing body may request. He shall be elected as provided
by general law for a term of four years. Every county and city may, with the
approval of the Compensation Board, provide for employing compensated
assistants to the attorney for the Commonwealth as in the opinion of the Compensation
Board may be required. Such assistant or assistants shall be appointed by the
attorney for the Commonwealth for a term coterminous with his own. The
compensation for such assistants to the attorneys for the Commonwealth shall be
as provided for assistants to attorneys for the Commonwealth under § 15.2-1627.1
B. The attorney for the Commonwealth and assistant attorney for
the Commonwealth shall be a part of the department of law enforcement of the
county or city in which he is elected or appointed, and shall have the duties
and powers imposed upon him by general law, including the duty of prosecuting
all warrants, indictments or informations charging a felony, and he may in his
discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation,
the conviction of which carries a penalty of confinement in jail, or a fine of
$500 or more, or both such confinement and fine. He shall enforce all forfeitures,
and carry out all duties imposed upon him by § 2.2-3126. He may enforce
the provisions of § 18.2-268.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in
his discretion, file a notice of appeal with the circuit court for the appeal
of a criminal case for which he was the prosecuting attorney and he may appear
and represent the Commonwealth in any criminal case on appeal before the Court
of Appeals or the Supreme Court for which he was the prosecuting attorney,
provided that the Attorney General consented to such appearance pursuant to
§ 2.2-511.
He shall also represent the Commonwealth in an appeal of a civil
matter related to the enforcement of a criminal law or a criminal case for
which he was the prosecuting attorney, including a petition for expungement of
a defendant's criminal record, an action of forfeiture filed in accordance with
the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of
Title 19.2, or any matter which he may enforce pursuant to this section.
1977, c. 584, § 15.1-8.1; 1978, c. 141; 1988, c. 389; 1997,
c. 587; 2011, c. 210; 2017, c. 623, 2020, cc. 1285, 1286; 2021, Sp. Sess. I,
cc. 489, 550, 551.
Only
attorneys admitted to the Virginia State Bar, an agency of the Supreme Court of
Virginia, are eligible to serve as a Commonwealth’s Attorney. This is the only
local elected office with requirements other than age, citizenship, residence,
and lack of criminal convictions.
An
intra party challenge to an incumbent is very rare, especially in Goochland.
The forum shed some light on the reasons that Lumpkins, who currently represents
District 3 on the Board of Supervisors, but was redistricted” out of his seat last
year, is challenging Caudill.
Caudill
contends that his experience and performance as Commonwealth’s Attorney since 2016
justifies GOP support for another term. Lumpkins contends that a dysfunctional relationship
between the offices of Commonwealth’s Attorney and Sheriff’ is causing high
rates of turnover among deputies and having a negative impact on public safety.
John
Reid, a morning radio talk show host on WRVA, served as moderator for the “discussion” between Caudill and Lumpkins. This began with
five-minute opening statements.
|
John Reid of WRVA moderated the "discussion" |
Lumpkins,
who won the coin flip, introduced himself stating that he works with his wife
in a small law firm. A native of Hanover, he was a police officer in Fairfax
County before attending law school at the University of Richmond, where he was an
editor of the law review and inducted into the McNeil law honor society. He clerked
for a federal judge in Richmond before opening a small law office. During his
first six years working as an attorney, Lumpkins’ law practice included criminal
defense work, jury and bench trials, in both state and federal courts. He was
elected to the Goochland School Board in 2011 and appointed by the supervisors
to succeed the late Ned Creasey as District 3 supervisor, and was elected in
his own right twice.
|
Mike Caudill (l) and John Lumpkins |
He
is challenging Caudill because “the current situation is not serving the best interests
of our community. I believe our county deserves and needs better from this
critical office.”
Caudill
has been Goochland Commonwealth’s Attorney since 2016. A Goochland resident since
2011, he has spent 40 years in various aspects of the criminal justice system.
After graduating in 1989 from U of R law school and passing the bar exam on his
first try, Caudill took a position in in Orange County working for Tim Sanner,
who was then Orange Commonwealth’s Attorney. Caudill said he was fortunate in
his early career to have task masters extraordinarily committed “to teach me what I needed to learn to do the
job right.” He opened a practice in Goochland in 1995 after having spent two years
in a criminal defense firm.
“We
are committed to this county,” Caudill said. “The prosecutor’s job is to seek
justice not to convict. We have to make sure that we know what we’re doing and
we do an excellent job representing you.”
The
first question asked how the relationship between the Sheriff’s Office and the
Commonwealth’s Attorney can be built upon and improved.
Lumpkins
said that issue is his main reason for running. As a supervisor he works with
the Sheriff’s office on budget matters, and is a board member of newly formed Goochland
Sheriff’s Office Foundation. He has joined deputies at all hands meetings and
roll call. As a supervisors he made good tough decisions about the law enforcement
budget that received wide citizen support. He contended that the strained relationship
between the Sheriff’s Office and COmmonwealth's Attorney makes recruitment and retention of
deputies difficult. While serving on the school board, Lumpkins learned first
hand of the importance of collaboration.
He made very clear that the superintendent of schools had to get along with the
county administrator because they have to work together. “The same goes for the
Courts, Commonwealth’s Attorney and the Sheriff’s Office.”
Caudill
said “we work with all police agencies, state police, animal protection, FBI,
we also do special prosecutions. Our door is always open to officers. They do
not need an appointment.” Rank and file officers should not have any complaints
because we give them what they need to carry on. “I Don’t know what “poor relationship”
means. We are always open to suggestions to make things better. I work for you.
Come to court see what we do,” Caudill told the audience.
The
next question asked about crime rates and concerns specific to Goochland.
Caudill
said that the county’s many potent potable establishments have increased the rate
of DUIs. Goochland is not immune to the scourge of fentanyl and opioid
addiction. Two office involved shootings happed here in—one involving state troopers
on I64 that sparked civil unrest in 2021, another quite recently—are few and
far between. Property crimes, he said,
appear to be down. Legalization of marijuana has resulted in fewer drug cases.
Caudill
said that simple drug possession cases should be addressed with treatment, and counseling
to help rehabilitate addicts. “Incarceration doesn’t work,” in those cases.
Lumpkins
said that drunk driving and drugs are prevalent everywhere. Goochland has an aging population at risk for
scammers while young people need help dealing with mental health issues.
The
men were asked to identify the biggest strength and weakness of each other.
“I
don’t know Mike that well but have invited him to work with the supervisors on
new courthouse. His answer was “whatever Judge Sanner wants. That was not what
I asked. When asked if his office had issues to discuss with our General
Assembly delegation. The response was “crickets”, which I see as a lack of engagement.
On the positive side, he’s been doing the job a long time,” said Lumpkins.
Caudill
said he had no recollection of the invitation to discuss the new courthouse. He
said that he usually attends legislative meetings, was not able to attend in
2022. “We are engaged. I am a member of the NAACP, the Rural Substance Abuse
Coalition, those things are important. Lumpkins is an intelligent guy. Biggest weakness
is lack of experience. You cannot come into this job and start from day one.
Must have the ability when law enforcement officers come in to deal with their
issues. You must be able to hit the ground running on day one. I do want to be involved
in the new courthouse, and will be there if invited again.”
Both
said that they would support the party nominee for Commonwealth’s Attorney, even
if it is the other guy.
“We
can’t be hyper partisan local elections. I’m a republican, but I serve everyone.
It’s an honor to work with people of the other party,” said Lumpkins.
The
next question addressed sentencing disparities.
Lumpkins
reflected on his experience in federal court during the war on drugs and said
that mandatory minimum sentences are a tool to curb disparities. He contended
that each case must be evaluated on its own merits.
.
Caudill
said he does not hesitate to recommend incarceration appropriate to a crime
committed to the court. It’s up to the court to decide the sentence, he pointed
out, not the Commonwealth’s Attorney.
Reid
asked both candidates if they are tracking legislation affecting the conduct of
Commonwealth Attorney’s office.
Caudill
said that juries no longer recommend sentencing. They are solely the tryers of fact,
which hampers prosecutors. A jury trial recommendation
no has longer the teeth it once did. Having a jury consider a case and argument
of counsel and then make sentencing recommendations is no longer available to
prosecutors thanks to a law change made by the General Assembly. It should be
looked at again.
Lumpkins
agreed that the power of a jury to recommend a harsh sentence for a crime,
which could have exceeded sentencing guidelines, was a useful tool for prosecutors.
Its demise has resulted in last minute plea agreements.
He
contended that rules shrouding a
defendant’s mental health information from judges can have an impact of sentencing.
The
next question asked each man to refute a rumor about themselves.
Lumpkins
asked people to contact him with any concerns, rather than spread rumors, especially
I hear that Lumpkins is going to hire other lawyers to do the work and sit on
his butt while he gets a paycheck.
“That’s
just ridiculous. I’m seeking this job to work hard, it’s what I’ve done for my
clients, as a supervisor and on the school board. I have a lot of good experience in my 34 years as a lawyer, which may not be
al criminal work. I have leadership skills and work with various groups. This job
requires leadership, but I’m not going
to concede that I don’t have the experience to work in a courtroom. I’m excited
about digging in and working for the people of Goochland.”
Caudill
The
rumor that we don’t prosecute child porn is a rumor being spread by people who don’t
know what they’re talking about,”
said Caudill. “We had fie or six child porn cases. All but one has been
convicted. After hours of argument, during which I asked for active prison time,
the judge sentenced him to time served. Child porn cases have not been taken
from our offices to the Attorney General’s Office for prosecution. Those cases
are being “kicked Back” We will not stand for it and ask for active incarceration
in those instances.” He offered transcripts of those trials for inspection.
Each
asked the other a question.
Caudill
asked Lumpkins why he was not a member of the Goochland Bar Association, had
not tried cases in Goochland Courts, or visited Goochland Courts. Lumpkins said that his practice is not in Goochland,
but that he was in circuit court on term day to set a civil case. He said that he has observed in other courts
but his time in court is spent mostly on civil cases.
When
it was his turn, Lumpkins said that any question he had for Caudill was asked
the day he decided to run, so he had no question.
Closing
statements
“I
wasn’t planning to get into politics eleven years ago but did so because there
was a pressing need for change. I spoke with a couple of Mike’s supporters and
was told I was making a mistake because it was destroying the party. The truth is
I’m running to stop destruction. I’ve heard the incumbent is frustrated with
the deputies and angry at them for not being prepared for court. The incumbent’s
approach to the problems that he says do not exist make them worse. Recently
retired deputies and investigators have told me that the lack of support from
the incumbent made retirement attractive. You are a part of the problem you
rail against. I will serve everyone whose path crosses mine with respect and even
temperament without fear or favor. We need to dedicate ourselves to protecting
our community. We need leaders in place to protect and serve.”
For
his closing statement, Caudill introduced the families of victims of hit and
run incidents who attended as testament to Caudill’s efforts to stand up for
their dead children and bring them justice. “They know that we fought tooth and
nail against highly skilled attorneys for people who can’t defend themselves.”
Comments
about the race between Caudill and Lumpkins distributed to attendees contended
that if Caudill loses the race, his deputy, and the victim witness services
director will follow him out the door, leaving the office of Commonwealth’s Attorney
with no experienced people to carry on its work.
Stay
tuned for developments.
Caudill’s
website mikecaudill4ca.com/
Lumpkins’
website votejohnlumpkins.com