Barts’ Recall Case Set for Monday Court Hearing

The effort to remove School Board member Beth Barts (Leesburg) from office is scheduled to move to a formal show cause hearing Monday morning.

The recall case, brought by a voter petition organized by the Fight for Schools group, is set for 9 a.m. Sept. 13 in Loudoun County Circuit Court.

Bart’s attorney Charlie King last week filed a motion to dismiss the pleading against her, and for the local judges to recuse themselves from the case.

King argued that the pleading that Fight for Schools filed, accompanying the removal petition, wasn’t signed by an attorney. The pleading was signed by Mike Biron on behalf of the petitioners. Biron is not a member of the Virginia State Bar.

The recusal motion asks that Circuit Court judges recuse themselves from the case, and request a judge be designated by the state Supreme Court because the case involves local elected officials.

Fight for Schools launched the removal effort against several School Board members in response to their involvement in the private Facebook group, Anti-Racist Parents of Loudoun County. Organizer Ian Prior alleges that a School Board member discussing public matters in a private Facebook group is a violation Virginia’s Freedom of Information Act and the School Board’s Code of Conduct.

Fight for Schools’ 24-page filing also requested that Commonwealth’s Attorney Buta Biberaj be recused from the case, as she was identified as being a member of the same Facebook group.

To remove a public official from office in Virginia, a petition must collect the number of signatures of qualified voters in the district equal to 10% of the votes cast in the previous election for that office. A judge then reviews the petition and rules whether to dismiss it or conduct a trial.

3 thoughts on “Barts’ Recall Case Set for Monday Court Hearing

  • 2021-09-08 at 8:06 am

    If I remember correctly the general counsel of LCPS requires school board members to sign an affidavit confirming they attended the session where they are CLEARLY instructed not to discuss or even meet as a group of more than two school board members while serving. Having served two terms this session was performed by the general counsel prior to each 4 year term for all members even those who were re-elected so I am at a loss to understand how this simple limitation could not be understood and abided by. The general public right to witness school board member discussions of all issues was in my 8 years of experience a very serious issue with only limited exceptions which were specifically stated publicly during school board meetings (personnel and land purchase as two examples). It seems (my opinion) that elected officials in America are ignoring the primary responsibility of their office without much in the way of checks and balances to keep them focused. State statute 22.1-79 requires school board members (as part of their authorization) to manage schools with utmost efficiency yet we see bonuses paid for showing up, full budgets being spent even though most of the year there were no classes and there certainly wasn’t as much diesel purchased if students are not transported every day as planned. Something has to change for the better to get credibility back in my opinion! 🙂

    • 2021-09-08 at 10:22 pm

      Well, if you need a government monopoly and unlimited tax-and-spend policies just to get residents to consume your services….

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