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15 Va. J. Soc. Pol'y & L. 397 (2007-2008)
Gibson v. Commonwealth of Virginia: The Ends of Justice Deferred

handle is hein.journals/vajsplw15 and id is 403 raw text is: GIBSON V. COMMONWEALTH OF VIRGINIA: THE ENDS OF JUSTICE DEFERRED? Monte Kuligowski* INTRODUCTION According to the Virginian-Pilot, the Commonwealth's Attorney for the City of Virginia Beach, Harvey Bryant, allegedly accused the city's circuit court judges of illegal conduct while addressing an audience at a weekly Republican breakfast in February of 2007.' Though Bryant denied the allegation, he acknowledged making statements about his efforts to keep track of instances where judges acted without statutory authority.2 Apparently, Bryant had been keeping a log of drunk driving cases that judges had taken under advisement when sufficient evidence for conviction existed.3 After Bryant's alleged remarks were carried by a whispering wind from the breakfast meeting to the municipal center, all nine judges of the Circuit Court of the City of Virginia Beach, in an unprecedented move, signed off on a formal bar complaint against the Commonwealth's Attorney.4 While Bryant was cleared of any wrongdoing,5 the issue of the judiciary's authority to defer findings was taken from the subtle background to the conspicuous fore. It is no secret that trial courts, at all levels, have an unbroken history of deferring findings of guilt, in fact-specific situations, in order to reduce or dismiss charges after defendants comply with certain conditions set by the courts. The position of the city's head prosecutor represents the side of the debate that says absent explicit statutory authority the judiciary is bound to accepting pleas and deciding cases in terms of guilty or not guilty. Subsequently and unexpectedly, those who believe trial judges should retain inherent authority to continue cases in order to achieve the * Virginia practitioner; J.D., Regent University Law School. The author would like to thank Aaron Coombs for editorial assistance. See Duane Bourne, In Adversity, Beach Prosecutor Keeps the Faith, VIRGINIAN-PILOT, June 26, 2007, at Al. 2 See Jon Frank, I'm Praying for Judges to See the Truth, VIRGINIAN-PILOT, Apr. 29, 2007, at B 1. 3 See Jon Frank, Black Book Kept Tabs on Judges, VIRGINIAN-PILOT, June 20, 2007, at Al. 4 See Jon Frank, Judges Ask VA Bar for Bryant Inquiry, VIRGINIAN-PILOT, Apr. 28, 2007, at BI. 5 See Duane Bourne, Prosecutor Cleared in Ethics Complaint, VIRGINIAN- PILOT, Dec. 29, 2007, at B1.

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