Accomack County Circuit Court Clerk
Not Indexing or filing Records Sent to the Court
By The Virginia Marine Resources Commission [VMRC]
As a result of a Freedom of Information request [01/12/2016] by UARF's Vice
President of Research, Doug Buckley to Samuel H.
Cooper, Jr., Clerk
of the Court and an examination of the files of the Court by Buckley it was
discovered that the Court is not properly filing and indexing its records as
required by the Virginia Code. Buckley reports that he, Mike
Clair/Chairman of the Virginia Marine Foundation's Virginia Marine Resources
Advisory Committee and court personnel found the records in file cabinets
that are unlabeled, and that the court staff was unaware that the records were
ever received by the court.
UARF's President reported to the Foundation's executive board that due to
the lack of record keeping and indexing by the Circuit Court the
Foundation is not able to determine if VMRC has met its burden as set out
in Virginia Code § 28.2-213. / Distribution of new
regulations. A copy of any regulation of general
application adopted by the Commission shall be sent to the Registrar of
Regulations, the clerks of the circuit courts of all counties and cities in
Tidewater Virginia, and to all Commission officers.
Buckley explained that it is the belief of UARF if that VMRC is not in
compliance with Virginia Code § 28.2-213. any regulation passed by
VMRC is a legal nullity and accordingly unenforceable. Buckley further
said that he is going to ask his General Assembly Delegate, Robert Bloxom
to make an inquiry to the Virginia Attorney General [AG]to get an opinion from
the AG if a non delivered regulation as set out in Virginia Code §
28.2-213. is enforceable and/r a legal nullity. In
addition he will ask the Delegate to ask the AG if the Clerk fails
to index and file the regulation as set out in Virginia Code Sections 42.1-86
and 42.1-87 if the regulations are legal nullities.
What Buckley asked for:
of Documents** / Public Records** that the FOIA Request Addresses
A. Index of Virginia Marine
Resources Commission (VMRC) records /
filings for new regulations passed by the VMRC.
B. Virginia Marine Resources
Commission regulations recorded with the Clerk of the Court of Accomack County
between January 1, 2012 and December 31, 2015.
C. Virginia Marine Resources
Commission “Emergency “ regulations recorded with the Clerk of the Court of
Accomack County between January 1, 2012 and December 31, 2015.