Take Action: Attorney General Herring

Thank you for your interest in upholding the rule of law in Virginia!

Virginia's Attorney General is paid to represent the Commonwealth, and not only is he not doing his job, he is working AGAINST the people and the Constitution of Virginia. That includes you. What can you do when the attorney you hired fails to show up to defend you, and instead goes to work for the opposing plaintiff? You can start by filing a complaint with the State Bar Association. I encourage everyone to take this action. It is literally a two minute project that will help protect the rule of law in Virginia. 

To file a complaint with the Virginia State Bar, print the form (available here, http://www.vsb.org/inquiry_form.pdf) or use the online form at http://vsbc.vipnet.org/

Give your name and contact information and that of Attorney General Herring.

The Attorney General’s contact information is:

Office of the Attorney General
900 East Main Street
Richmond, VA 23219
(804) 786-2071

When Attorney General Herring was tasked with representing the Commonwealth in Bostic v. Rainey, he took four remarkable unethical actions. Please note all of them as described below:

1. First, he decided to refuse to represent the Commonwealth of Virginia’s constitutional amendment defining marriage, passed by the people of Virginia. In doing so, he violated Rule 1.2(a) of the Rules of the Professional Guidelines of the Virginia Bar Association, which require a lawyer to abide by his client’s decisions regarding the objectives of representation. 
2. Next, he refused to provide alternate counsel to the Commonwealth, which, along with his decision to not represent the Commonwealth personally, violates Rule 1.3(a) and (b) of the Rules, which require a lawyer to act with diligence and promptness in representing a client, and to not intentionally fail to carry out a contract of employment. 
3. Next, Herring actually filed a brief in opposition of the Commonwealth and the Constitution of Virginia, intentionally injuring the case of his client, a violation of Rule 1.3(c) – “A lawyer shall not intentionally prejudice or damage a client during the course of the professional relationship.” 
4. Finally, by switching sides to the opposition midway through the case, Herring violated Rule 1.7(a) – “A lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if there is significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client.”

(All rules can be seen at http://www.vsb.org/pro-guidelines/index.php/rules/client-lawyer-relationship/rule1-2/)

For question 4, the Attorney General is paid a salary of $150,000 to represent the people of Virginia. 

When your form is completed and submitted to the Virginia State Bar, please email a copy to my office.

Please send this to all your friends, post it on your Facebook page, etc. to spread the word and increase your impact!

Virginia Attorney General Mark Herring was sworn in January 11th, taking an oath of office as described in Article 2 Section 7 of the Virginia Constitution, stating:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as Attorney General of Virginia, according to the best of my ability (so help me God)."

The attorney General is responsible for defending the laws of the Commonwealth when they are challenged on constitutional grounds. The following paragraph is from the Attorney General's official website:

The Virginia Office of the Attorney General is the Commonwealth’s law firm. The office is charged with providing legal advice and representation to state agencies, commissions, boards, the legislature, lieutenant governor and the governor; …upholding and defending the United States and Virginia constitutions; and defending the laws of the Commonwealth when they are challenged on constitutional grounds.

Please send this to all your friends, post it on your Facebook page, etc. to spread the word and increase your impact!

The Republican Caucus is working on ways to ensure our Constitution, including the Marriage Amendment, is protected and defended. See Del. Gilbert's RPV Weekly Address, Jan. 26, 2014