Message from Richard Cox
To my fellow magistrates and colleagues:
For the past two years + I have served as your regional
representative for Region 3 on the VMA Board of Directors and also
as the legislative committee chairman. I have tried to the best of
my abilities to represent all magistrates with fairness and unbiased
decisions in presenting the magistrate system flaws and inequities
to those within the legislative bodies, the CDC, the OES and other
agencies who have shared concerns about the future of the magistrate
system in Virginia. I have not been alone in my attempts to resolve
magistrate issues for the benefit of ALL magistrates across
Virginia. The other elected members of your association have worked
diligently and with great dedication on YOUR behalf.
We have had some successes and some failures in accomplishing our
goals, however, each issue, successful or unsuccessful, has brought
long needed problems and issues to the forefront of the movement to
achieve improvements to magistrates and the magistrate system. At
long last we have been able to secure support from key legislators
in introducing legislation that will affect magistrate pay and
benefits, working conditions, respect and dignity to the office of
magistrate. Each step forward in getting key political and/or policy
making officials to examine our system and work towards it's
improvement represent a step forward into the justice system for the
magistrates of the 21st century. There is still a long way to go
before we reach our goals. If we are to continue to enjoy successful
small steps we need the active participation of all VMA members and
other magistrates to take that huge jump forward.
Effective February 1, 2005, I will retire as a full-time magistrate
in the 21st Judicial District, however, in accordance with the
Constitution and By-laws of our association I will continue to serve
as the Region 3 representative on the VMA Board of Directors as long
as I am elected by my constituents and colleagues. Even though I
will no longer be an active magistrate I still intend to devote my
best efforts to achieving essential changes that will benefit all
magistrates. I am convinced that the efforts of the VMA will be
crucial to shaping the future of the judicial system in Virginia and
continuing to protect the sacred and constitutional safe guards for
the citizens of Virginia.
Magistrates are not just "judicial officers" providing routine,
administrative duties for our citizens. As such, magistrates should
be afforded the same dignity and respect for their office and
position as are extended to judges of the General District and
Circuit Courts. Magistrate decisions are not simply based on written
applications but are decisions of judicial discretion based on facts
and the application of the laws of the Commonwealth. In essence
magistrates are JUDGES and the Code of Virginia recognizes that
distinction in more than one reference. One of the objectives of the
VMA is to see that the respect and dignity of the magistrate is
enhanced by correctly changing their position and title to that of
"MAGISTRATE JUDGE" and recognizing that the magistrate's off ice is
in fact an office of the Court, acting as a Court within the
guidelines of a limited jurisdiction but none the less functioning
as a Court office through legislative authority. To reach that goal
means that every experienced magistrate and those new to the system
must prepare themselves for the legal challenges ahead through
additional training, higher qualifications for employment and
retention and increased formal education. Our citizens deserve no
less than the best available personnel to make crucial decisions
affecting their Constitutional Rights and personal liberty.
EDUCATION is a key factor. The status quo is rapidly becoming a
thing of the past. Those within the system who want to advance their
career must be willing to accept change and increased
responsibilities and duties. Only then will the material benefits of
pay and respect equitable to the responsibilities become a reality.
The magistrate system must find a way to move forward with full-time
staffing of offices and career civil servants instead of relying on
part-time personnel. This is not to imply that the need for
part-time personnel will not remain nor does it imply that part-time
personnel are ineffective and unqualified. There are many part-time
magistrates who are highly qualified for their position and, if
full-time staffing is achieved, would make prime candidates to fill
those positions as career magistrates.
My concerns for a professional, magistrate system in Virginia will
not be diminished as I move to the status of a private citizen. I
will continue to work hard for the benefit of those who continue in
service behind me through my continued involvement within the VMA.
To each of you I express my appreciation for your service to the VMA
and the citizens of the Commonwealth and wish each of you only the
best for the future. I strongly urge each of your to support your
association and their work on your behalf.
Richard D. Cox- Magistrate (Retired)
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