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court-of-appeals-oral-history-transcript

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcript w. Benton, Jr.; Justice Lawrence L. Koontz, Jr.Interviewer:Dr. Cassandra Newby-AlexanderInterview Date:March 27,2013Location:Community Idea Stations,

Richmond, VirginiaLength:One audio file from video, approximately 100 minutesSTART OF INTERVIEWCassandra Newby-Alexander: After a long and controvers court-of-appeals-oral-history-transcript

ial discussion among legislators in Virginia in the 1970s. the Court of Appeals of Virginia was established on January 1. 1985. The court serves as an

court-of-appeals-oral-history-transcript

intermediate appellate court providing appellate reviews of the final decisions of the circuit courts in domestic relations matters, appeals from dec

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcriptt was established under the leadership of Ernest Ballard Baker with ten judges. Currently the court consists of eleven judges sitting in panels of at

least three judges at locations as the chief justice designates. This system provides convenient access to various geographic locations throughout the court-of-appeals-oral-history-transcript

Commonwealth of Virginia.Today I have the distinct honor to talk with five of the original ten judges on the Court of Appeals of Virginia. The first

court-of-appeals-oral-history-transcript

person I’d like to introduce as part of our discussion is Norman K. Moon, who served on the court of appeals from 1985 to 1997, and chief judge from 1

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcripta. He took senior status in 2010. Judge Moon began his career as a private attorney in Lynchburg but was soon appointed as a judge in the 24* Judicial

District Court in 1974, a position he served until appointed to the court of appeals. Judge Moon is a graduate of the University of Virginia, both as court-of-appeals-oral-history-transcript

an undergraduate, law school, and receiving a master’s of law at UVA.Our next guest is Sam w. Coleman, who served on the Court of Appeals of Virginia

court-of-appeals-oral-history-transcript

from 1985 until 2001. He was a senior judge on the court from 2001 until 2012. After graduating from the University of Virginia and Washington & Lee

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcript compensation and retirement committees of the Virginia Judicial Conference on the Legislative Study Commission on Appellate Courts. His illustrious c

areer as a judge has spanned twenty-five years.Our next guest is Barbara M. Keenan, who was a judge on the Court of Appeals of Virginia from 1985 unti court-of-appeals-oral-history-transcript

l 1991, when she was appointed justice on the Supreme Court of Virginia. She became a judge on the US Court of Appeals for the 4'-‘- Circuit in 2010.

court-of-appeals-oral-history-transcript

Now, Justice Keenan is an alumna of Cornell University and George Washington University School of Law. While beginning her career as a prosecutor she

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcripte and then again made history' as the first female judge appointed to the newly formed court of appeals. Continuing these firsts, Justice Keenan was a

lso the first person to sit at all four levels of the commonwealth’s judicial system after her appointment on the Supreme Court of Virginia.Court of A court-of-appeals-oral-history-transcript

ppeals of Virginia Oral History3Our next guest is James w. Benton, who served on the court of appeals beginning in 1985 and retired in 2007. Before he

court-of-appeals-oral-history-transcript

became a judge he was a partner in the law firm of Hill Tucker Marsh, a distinguished Richmond law lirm that pioneered legal challenges to segregatio

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcript the Green V. County School Board of .New Kent County that challenged die freedom of choice plan that sought to undermine the Brown decision. Judge Be

nton, a Norfolk native and graduate of Temple University and the University Of Virginia School Of T aw, has spent his entire career pursuing his passi court-of-appeals-oral-history-transcript

on for equalin,', civil rights, and fairness before the law.04:48 And finally we have Lawrence L. Koontz, a judge on the Court of Appeals of Virginia

court-of-appeals-oral-history-transcript

from 1985 to 1995 and chief judge from 1985 until 1992. He was elected justice on the Supreme Court of Virginia in 1995 and is currently a senior just

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcripttz began as a juvenile and domestic relations court judge in 1967 where he served nine years until he was appointed to the circuit court. He is one of

two justices in Virginia who has solved on four levels of Virginia's court system. Justice Koontz has a distinguished forty-lhree-year career as a ju court-of-appeals-oral-history-transcript

dge.Welcome, all ol you, to today's discussion.All: Thank you.CNA: I know that all of you have had an opportunity to come together on a private and pe

court-of-appeals-oral-history-transcript

rsonal level to talk about not only your experiences but to catch up on what each other is doing, but today we want to focus a little bit on your expe

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcriptre at the formation, all of you helped to really construct the administrative side of the conn, and to make it a functioning court, so successful in f

act that most people have forgotten any controversy regarding the formation of the court. So rd like to begin by asking you a little bit about what yo court-of-appeals-oral-history-transcript

ur experiences were the first time you heard that you were supposed to be a part of this newly formed court here in Virginia.Barbara M. Keenan: Well i

court-of-appeals-oral-history-transcript

t was very exciting for me. The circuit court in Fairfax County where I sat had sat since the time of George Washington. It was a place that was bound

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcripttart an entirely new venture. It’s a little frightening in a way because pan of me thought, well what if I don’t like this job? I’m going to be leavin

g a job that I really do like quite a bit. So there was an aspect of charging into the unknown, but it was just too good an opportunity to pass up in court-of-appeals-oral-history-transcript

the sense that it was something that would probably never be done again in our lifetime.CNA: Judge Benton?James w. Benton: Well I was excited because

court-of-appeals-oral-history-transcript

there was an opportunity for the first time in Virginia to have appeals of right. A lot of my practice had been on the federal side where we had appea

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcript, coming from private practice onto the bench added an extra dimension of excitement.CNA: How did it add an extra dimension?JWB: Well, I was joining a

group that I knew consisted of nine other trial court judges and I had a little apprehension about going on as the one lawyer on the court, but ICour court-of-appeals-oral-history-transcript

t of Appeals of Virginia Oral History5talked to some people, some of the judges, the local judges, and I felt pretty confident that I would be able to

court-of-appeals-oral-history-transcript

do the work.Lawrence L. Koontz: He’s really too modest. He was more than just capable of doing the work. But for me I thought it was a unique opportu

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcriptand in the future. I guess if history would remember anything, what I would like to be remembered is these were ten-well I can say nine and me-very, v

ery capable people and from day one I think we’ll all agree that we were committed to making this court excellent, not just that it’d handle cases but court-of-appeals-oral-history-transcript

it’d do more than that. We had a series of meetings to decide how we were going to function day to day and just how we were going to process our case

court-of-appeals-oral-history-transcript

s, and I think most evetyone on the court would agree that we rapidly came together as a team and every body was equally committed. I think we can saf

TRANSCRIPT: VIRGINIA COURT OF APPEALS ORAL HISTORYInterviewees:Judge Norman K. Moon; Judge Sam w. Coleman III; Justice Barbara M. Keenan; Judge James

court-of-appeals-oral-history-transcripted this court, so give me a little taste of what you all talked about and maybe even some of the arguments that went on in how you thought the court s

hould really form itself.JWB: Well to begin with, we had no furniture. [Laughter]Norman K. Moon: I can tell you one thing that 1 remember distinctly, court-of-appeals-oral-history-transcript

one of the questions was since we were all coming on, on the same day, how would we determine who was senior, and the seniority system? Well I didn’t

court-of-appeals-oral-history-transcript

give it a great deal of thought. I was sort of in the middle of the age group, the middle of the experience of the judges, and, with a name beginning

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