62 Elected Prosecutors, Attorneys General Support Biberaj Appeal

On Friday, a bipartisan group of 62 current and former elected prosecutors and attorneys general from across the country filed an amicus brief in the Virginia Supreme Court, supporting Loudoun Commonwealth’s Attorney Buta Biberaj’s appeal after Circuit Court Judge Jim Plowman tossed her office from prosecuting a burglary suspect.

In June, Plowman, Biberaj’s predecessor in the office, removed and disqualified Biberaj’s office from that case, describing the filings in a plea agreement as “misleading representations and entirely inaccurate.” Biberaj disputed those characterizations and said the judge lacked the statutory authority to remove her office from the case and appealed to the Virginia Supreme Court.

Organized by prosecutorial reform organization Fair and Just Prosecution, the signers argue allowing Plowman’s decision to stand would threaten voters’ ability to choose their prosecutors.

“It is completely out of bounds for a judge to throw an entire prosecutor’s office off a case simply because he disagrees with decisions that are squarely within the exercise of established prosecutorial discretion,” stated Fair and Just Prosecution Executive Director Miriam Krinsky. “The voters of Loudoun County elected [Commonwealth’s Attorney] Biberaj because of her commitment to roll back the harms of decades of tough-on-crime policies championed by her predecessor, who also happens to be the judge in this case. Any effort to prevent her from carrying out that vision is not just an attack on her discretion, but also an infringement on the will of the people who put CA Biberaj in office. It is essential that the Virginia Supreme Court recognizes the sanctity of separation of powers and allow CA Biberaj to carry out the work she was elected to do without judicial interference.”

The filing argues Plowman ignored existing Virginia law giving courts limited power to overrule prosecutors’ discretion, and that judges may reject plea agreements but must then recuse themselves from the case and allow another judge to evaluate the deal.

“Only by disqualifying the entire office and assigning a different Commonwealth’s Attorney—not elected by voters in Loudoun County—before he recused himself, could the judge preclude CA Biberaj and her office from any future engagement in the case. This dramatic and unprecedented move sent a clear message to CA Biberaj: exercise your discretion according to the court’s values and judgment or risk losing oversight and control of your cases,” the filing reads.

“Since the founding of our country, prosecutorial discretion has been enshrined as a crucial part of our justice system, even as it was used to fuel mass incarceration at immense human and financial costs,” stated Albemarle County Commonwealth’s Attorney Jim Hingeley, a signatory to the brief. “Now, when reform-minded prosecutors and the voters who put them in office are rejecting decades of failed tough-on-crime policies, the discretion that judges have respected for centuries must continue to be protected.”

15 thoughts on “62 Elected Prosecutors, Attorneys General Support Biberaj Appeal

  • 2022-07-25 at 2:58 pm

    It’s curious that LoudounNow only provides substantive background on an organization when that organization leans Center or (gasp!) Right.

    Two minutes of Googling tells me that “Fair and Just Prosecution” is a radical left wing social engineering outfit which supports soft-on-crime policies which endanger us, the law-abiding citizens of this country. It is funded by the “Tides Foundation,” which, of course, is partially funded by George Soros.

    So yeah, this is just a bunch of former and about-to-be former pro-criminal “prosecutors” trying to hold on for dear life as Americans push them completely out of the way.

    There’s a disgusting amount of irony when George Soros, by proxy, argues that removing one of his lackies from a case would somehow limit the will of the voters. Please do recall that he bought the CA’s office for Biberaj over 75% of her campaign funding came from him.

    We deserve better and criminals deserve worse.

  • 2022-07-25 at 3:29 pm

    I think Judge Plowman overstepped his bounds. He had no business disqualifying Buta Biberaj from a case. I’m glad her side is fighting back with the help of 62 thoughtful prosecutors & attorneys general. Judge Plowman represents a mindset that’s slowly losing traction in society. Thank goodness for that! Happy Hire A Veteran Day Loudoun!

    • 2022-07-26 at 3:52 pm

      A judge has no business taking control of what goes on in the courtroom? Please do explain….

  • 2022-07-25 at 5:16 pm

    Far left criminal friendly prosecutor group rushes to defend far let criminal friendly prosecutor. Who’d have thunk it?

    I wonder who funds this toxic group?

    • 2022-07-27 at 1:40 pm

      Soros is the answer. The same awful person who paid to get her elected. Wake up Loudoun.

  • 2022-07-25 at 6:09 pm

    Either she is incompetent and should be removed from this case or she intentionally left out critical information for the judge which was meant to deceive. If it was intentional then she could be held for contempt – maybe a little time in the county jail would be good for her. Well at least it will be good for the residents of Loudoun.

    So 62 other “prosecutors” believe lying to a judge is OK. I guess their local judges should start looking at them more closely.

  • 2022-07-25 at 6:49 pm

    There are over 2,300 elected prosecutors in this country (stat from 2001, but I doubt that number has lessened).
    This is the kind of fact a reporter should put in an article, to provide context of what 62 represents. An incredibly small percentage.
    It’s expected Fair and Just Prosecution had a political agenda.
    It’s not expected that Loudoun Now does.

  • 2022-07-25 at 10:15 pm

    From across the country. The country is a mess, however let’s stay focused on Loudoun and Virginia.

  • 2022-07-26 at 5:22 am

    The arguments in her favor are that the Judge disagreed with the decisions made by her office and the Judge lacks authority to override her discretion.

    However, her office was removed because it lied and mislead the Court. Certainly we would be calling for the Judge’s removal from a case if he lied and mislead the attorneys. Likewise other judges would likely recuse themselves and a DA may seek a special judge be assigned or seek a change of venue.

    Soft on crime groups supporting a soft on crime Prosecutor is no huge surprise or breaking news.

  • 2022-07-26 at 8:59 am

    Fair and Just Prosecution is a George Soros funded organization who help place Biberaj as the DA. A real journalist would have highlighted that fact instead of implying these are independent DA’s that are just looking out for the people. This is a very misleading article.

  • 2022-07-26 at 10:36 am

    Of course, we aren’t told who these 62 people are nor what bias they bring into the madness and utter incompetence of the Biberaj office. “Discretion” is one thing but material misstatements and omissions are quite another thing. Biberaj is lucky she didn’t face stiffer sanctions for lying to the court.

  • 2022-07-26 at 11:13 am

    So the Soros-backed prosecutors like Biberaj are failing to do their most basic job — PROSECUTE. And they are appalled that others in the legal realm are actually holding them accountable. The horror. The horror.

  • 2022-07-26 at 5:56 pm

    No reputable publication that actually respects readers would infer (or outright state) that a group like Fair and Just Prosecution is bipartisan. Where is the byline on this poor excuse for a “news” article? Or is this something scripted by the Biberaj spin doctors? Do better Loudoun Now!

  • 2022-07-27 at 9:35 am

    I encourage everyone to check out the names on this brief.
    Then do some casual googling of these “bipartisan” prosecutors.
    What you will find is that most of them are in George Soros’ pocket and many are so pro-criminal that they are facing voter pushback and removal efforts.
    Even LA’s most-despised DA, George Gascon had the nerve to sign on. The guy has over 80% of his own staff demanding his recall.

    It’s truly shocking.

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