Pay up and hopefully shut up

Augusta County Circuit Court Judge Victor Ludwig ruled that Francis Chester neither did his homework nor followed the Code of Virginia in his suit against Augusta County's 2009 real estate reassessments. In short, he filed a frivolous lawsuit. The judge ordered Chester to pay a $2,000 sanction, writing in his opinion,

...the purpose of the court in imposing sanctions is not to 'silence' an attorney who pleads a poor case. It is to attempt to ensure that he pleads a better one next time.

Back in October I watched Mr. Chester stumble and bumble in court and tossed in my 2¢ by urging that he be fined. Judge Ludwig made the right decision and imposed a very reasonable fine. Of course, Chester's buddy, swacgirl, who once compared him to Thomas Jefferson, is POed.

The only part of the judge's decision with which I disagree is hope that a sanction will ensure Chester will actually plead a better case next time. Dreaming the impossible dream.

Secret Socialist?

I don't often troll by to read swacgirl's gibberish, but I wanted to see how she'd misreported Francis Chester's day in court. When she finally posted something, it was a doozy of a stinker - we can all agree that comparing Francis Chester to Thomas Jefferson as a modern day incarnation of the "Citizen Farmer Patriot" is beyond absurd. I'd call it chicken sh*t.

But, that's not the subject of this post. Seems swacgirl/Lynn Mitchell is a closet socialist. Yep, if you scroll a bit on her blog you'll find she really admires government involvement in private business and government ownership of our most precious resources.

The evidence - she extolls the virtues of the Staunton trolley, which is city-owned and free to anyone. Damn the city - a private entrepreneur is denied the chance to make a profit! Then in series of posts she sings the praises of our National Parks and Shenandoah National Park in particular. Our National Parks are one of the greatest examples of government acquiring (sometimes by eminent domain) our most treasured resources for the common good so that all may enjoy them no matter their economic means. Mountaintop KOA, anyone?

I like the trolley (but have never taken a ride) and love our National Parks. But, then again, I believe government can be a positive influence in people's lives and think many government programs are good even if they don't benefit me personally. Lynn, and her ilk only like government when they reap the rewards. Does she have a problem living in a "commonwealth?"

Will he ever just go away?

Yesterday, Francis Chester got his day in court. And he'll get another sometime after mid November. Perfect timing for this turkey.

You can read accounts in the News Leader or the News Virginian for background on the cases which Chester filed against the Commissioner of the Revenue and the Board of Supervisors. But, media reports miss much of this "drama" that continues playing out not only in the Augusta County Circuit Court, but also among right wing teabaggers and bloggers.

About two dozen spectators endured bad acoustics and an inadequate sound system trying to hear the judge, lawyers, and witnesses discuss the issue of sanctions against Chester who had a little band of supporters and piled his "petitions" high on the table in front of him. Most others in the courtroom were from the county government or the news media. Two members of the Board of Supervisors - Wendell Coleman and Nancy Sorrells - were there. On a beautiful fall afternoon, there had to be better activities than sitting on hard seats in a majestic but gloomy courtroom.

A few random observations:

Chester's attacks on Commissioner Shrewsbury were mostly hollow attempts to question her and her employees' salaries and the amount of time they spent researching his demands. He made cracks about computing average salaries in his head while she used a calculator, but it was hard to discern his point on that or anything else. I guess he's trying to reduce the amount of any sanction, but beyond that, it is hard to see any coherent strategy by the "country lawyer."

At one point the attorney representing the county requested a five minute recess. He promptly left with the County Administrator, the Commissioner of the Revenue, and others to discuss strategy. Mr. Chester was left sitting until he and Lynn Mitchell, aka swacgirl, slipped out the backdoor. Guess that constitutes his brain trust. I awaited a hard hitting defense when the trial resumed. I was to be disappointed.

Chester had asked the judge for a "nonsuit" to withdraw his original cases as a way to dodge sanctions. Judge Victor Ludwig would have none of that since doing so would place a time limit on the county's sanction case. The judge ordered the county to file a written brief in 30 days with Chester's response two weeks later. He noted a number of issues he wanted argued in the briefs including the Virginia Code that deals with sanctions against lawyers who file frivolous lawsuits and several legal precedents. For example, shouldn't Mr. Chester have been aware that Virginia does not permit class action suits and that Boards of Supervisors have immunity.

After the judge finished outlining the relevant Code sections and case law to address in the briefs, Mr. Chester requested that the judge again give him the citations. Before patiently doing so, Judge Ludwig admonished him saying, "Those are cases you should have known before you walked in the door, Mr. Chester."

Chester brought this litigation as part of a broader political campaign against the reassessment. To him, suing raised his credibility in the eyes of his supporters and gave him more fodder to fire up the crowd. But, judges rightfully bristle at anyone's attempt to use the courts in this way, especially when there is no sound basis in the law. For that reason, the court should sanction Chester to deter him (and other lawyers) from wasting the court's time and to pay the county back for some of the costs incurred in meeting all his irrational demands.

Like most states, Virginia law holds that frivolous litigation occurs when a competent attorney knows or should know the claim has no merit and little chance of success. So, Mr. Chester may have some creative arguments up his sleeve that can convince the judge that sanctions should not apply to him. But, I'm not holding my breath.

Reassessment furor ends in a whisper

The hue and cry about reassessments in Augusta County apparently ended with barely a whisper last night when the Board of Supervisors voted 7-0 to lower the tax rate to 48¢. It had been 58¢ since the 1980s. In passing the $72 million budget that is almost 5% less than last year's, supervisors reduced spending in some areas, gave no raises, and eliminated or froze 18 positions in the various offices including some affecting public safety.

Even with the increase in assessed values, with the cut in the tax rate many of the county's homeowners will see a decrease in their real estate tax. On the home front, my taxes will drop about $80 per year in spite of the improvements we've made and a (deserved) higher assessment. Many farmers with pasture and cornfields in land use will also enjoy a reduction on that part of their real estate tax. 

All that's left is for the Circuit Court judge to dismiss the groundless lawsuit brought by perpetual gadfly Francis Chester and send him back to his sheep. One good outcome of all the publicity was getting that hypocrite to pay back taxes. But, from where I roost, he and his cohorts owe residents an apology for fanning the flames of fear and division with his rants and misinformation.

Assessing reassessments

The reassessment battles that have been raging in Augusta County appear to be nearing an end. The Board of Supervisors voted 5-2 to accept the reassessment and move toward drafting a budget as required by state law. The supervisors are all committed to lowering the tax rate and will probably do so in a way that produces a low single digit percentage gain in overall county revenues. Yes, some landowners will see higher tax increases but others may actually find their taxes go down. When tax bills go out in May there will be a burst of anger from some but most residents will find their bills haven't unreasonably increased.

In a way, the reassessment brouhaha is part of a larger populist anger fueled by the fears and uncertainties of our economic downturn. We're seeing it in reactions to the AIG bonuses and outrage over Bernie Madoff, even among those of us who didn't lose a dime in his giant ponzi scheme. Newsweek has an excellent cover story about populist outrage in American history.

But, back to Augusta County where some lingering playlets will grab more headlines:

• Francis Chester will file his lawsuit, the judge will find it groundless, and toss it out. Mr. Chester will declare victory.
• Residents pushing a recall of the supervisors will find it tough going. They like to cite the "10,000 signatures" Mr. Chester got, but his petition was basically a PR campaign and met virtually none of the safeguards required of a petition required for a legally binding procedure such as a recall. Besides, Virginia law does not permit a recall in the same sense as California and other states. So, even if they get the required minimum number of legal signatures, the petitions go before a judge to determine if any supervisors are guilty of misuse of office, neglect of duty, or incompetence. They aren't. End of story.

Moving forward, what are some lessons learned from all this? A few reflections on reassessment and a couple suggestions for the future:

• When times are tough, people are fearful, and taxes are the topic, demagogues find fertile conditions. Perhaps they perform a useful service by providing an emotional outlet.
• We should never confuse the thrill of politics with good governance as some like the former local GOP chair and his blogging cohort have done. Watching them at the March 11 public hearing was akin to watching parents exhibiting bad sportsmanship at a local high school basketball game.
• Many people who spoke at the public hearing seem to think the assessors are setting market values, when the opposite is actually true. One friend wondered how he can sell his now multimillion dollar farm to a child or grandchild. He can, if he wants to sell it below market value. But, if he needs the cash for his retirement, he'll probably put the farm on the open market and get the highest price he can - which would likely be above the assessment.
• The firm hired to conduct the reassessments should not participate in the political fray. It is okay to explain the technical and procedural aspects of reassessment, it is not okay to engage in political shouting and name calling.
• People who give their time and energy to serve on local committees and boards, such as the Board of Assessors, deserve our thanks, not our scorn.
• It is interesting that Republicans who usually push privatization, don't much like the private firm, Blue Ridge Mass Appraisals, who conducted the reassessment. They probably won't like this either - a better approach than hiring out for reassessments would be in-house appraisals by local governments. Since periodic reassessment is required under the the Code of Virginia, the General Assembly should provide the technology and training to assist counties and cities in establishing a politically shielded office to conduct reassessments.
• Some have suggested reassessing every six years rather than the four year cycle which Augusta County now uses (some localities are on a two year cycle). Changing to a six year reassessment cycle is a very bad idea for a couple of compelling reasons. The sticker shock is bad enough after four years - can residents imagine the jump if they'd been comparing to 2003 rather than 2005? Conducing reassessments every two years would reduce the sticker shock and likely produce more accurate results. Perhaps even more important - a six year reassessment cycle would make it longer than the four year term of office of a supervisor with undemocratic electoral and accountability consequences. 

Time to move on to other things - like writing a lean budget that has a lower tax rate while protecting the essential core services of public education, public safety, and public health. I hope the supervisors and the people can put the past behind them and move forward on this difficult task.

Cluck

dem•a•gogue: noun - a leader who makes use of popular prejudices and false claims and promises in order to gain power.

Etymology: Greek dēmagōgos, from dēmos people (perhaps akin to Greek daiesthai to divide) + agōgos leading, from agein to lead.

Merriam-Webster Online Dictionary