For the Commonwealth

 

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.

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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