Plowman Again Removes Loudoun Commonwealth’s Attorney from Local Case

A Circuit Court judge has granted a motion on behalf of Scott Smith to remove Loudoun County Commonwealth’s Attorney Buta Biberaj from prosecuting him on the charge of disorderly conduct at a 2021 School Board meeting.

Judge James E. Plowman issued the order on Sept. 2, months after Biberaj and the Smiths’ attorney argued the recusal on May 2 and almost a year after the motion was first filed Oct. 22, 2021.

Smith is the father of a student who was sexually assaulted at her high school. He was subsequently arrested at a Loudoun County School Board meeting and charged with disorderly conduct and resisting arrest without force after tussling with deputies. He was there to speak out against the School Board for what he believed was a failure to protect his daughter and engaging in a cover-up of the incident.

Smith was found guilty in District Court and is appealing the conviction.

Bill Stanley, attorney for the Smith family, argued during the May hearing that chief Loudoun prosecutor Biberaj was inherently biased against Smith, which interfered with Smith’s right to a fair trial.

In his order, Plowman wrote that there was insufficient information “to determine whether or not a direct conflict exists that would mandate removal.”

However, he wrote, “the position as articulated by counsel for the Defendant during oral argument is persuasive. The concerns about the public confidence in the integrity of the prosecution as well as the Defendant’s concerns regarding the impartiality of the Commonwealth’s Attorney are sufficiently grounded. As a result, the integrity of the Defendant’s due process rights is in jeopardy and must be protected.”

Plowman appointed Stafford County Commonwealth’s Attorney Eric Olsen to replace Biberaj.

It is the second time Plowman has removed Biberaj from a case. In June, he disqualified the Loudoun County Commonwealth’s attorney’s office from prosecuting charges against a burglary suspect after ruling that misrepresentations in a plea agreement that had been made in the case. Biberaj criticized that action as judicial overreach and appealed it to the state Supreme Court.

Biberaj did not immediately respond to a request for comment left with her office’s media relations spokesperson.

“All that Scott Smith and his family have ever asked for is that the Loudoun County school system protect their daughter and treat them fairly; it has not. All that Scott Smith ever wanted to do at the school board meeting that night was to have its members be honest about what had happened to his daughter, and to have them protect all of their students from misguided policies that unfairly put his daughter in danger; they did not. And, all that Scott Smith has ever wanted was to be treated fairly under the law by Loudoun’s Commonwealth’s Attorney in dealing with the unjust charges placed against him; and she has not,” Stanley wrote in a press release. He accused Biberaj of choosing “politics over truth, impartiality, and justice.”

“A fair system of criminal justice that is void of both bias and political agendas is the cornerstone of a free society. From the beginning, Ms. Biberaj has sought to make an example of me for simply standing up to defend my daughter at the now infamous Loudoun County School Board meeting,” Smith said in the press release. He said Biberaj “has continued to fan the flames of those who would label parents like me who stand in protection of their kids against dangerous school policies as being ‘domestic terrorists.’”

During the May 2 hearing, the Circuit Court dismissed the obstruction of justice charge, one of the two charges against Smith. The remaining charge of disorderly conduct has not yet been set for trial.

12 thoughts on “Plowman Again Removes Loudoun Commonwealth’s Attorney from Local Case

  • 2022-09-12 at 4:57 pm
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    Buta Biberaj treats Loudoun County like her personal social experiment.
    Employing racists and sex offenders in her office.
    Punishing people with whom she disagrees.
    Handing out soft deals to violent criminals like candy on Halloween.
    She spends her workdays playing activist on Twitter, even retweeting something from a user named “Jesus F*****G Christ” just a few days ago.

    Victims of crime deserve better. We deserve better.

  • 2022-09-12 at 5:10 pm
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    I still cannot believe that charges against Mr. Smith weren’t dropped and that the Loudoun CA continued persecute him because he was angry at the School Board for not protecting his daughter and allowing and participating in a cover up. The CA drops or seeks lesser charge for violent crimes yet wastes taxpayer money on prosecuting a father whose daughter was sexually assaulted in a public school. Good for this judge. We need to vote out this CA. She is going to turn Loudoun into the next San Fran. Even those voters saw through that radical DA out there and got rid of him.

  • 2022-09-12 at 5:23 pm
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    With all due respect, I believe Judge Plowman is biased against Buta Biberaj. He seems to hassle her every chance he gets. Is it any coincidence he’s a Republican & she’s a Democrat? If truth be told, I’d like to see the case against the Father tossed out. He’s suffered enough. But this isn’t the way to do it. Happy Bald is Beautiful Day Loudoun!

    • 2022-09-13 at 12:32 pm
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      Why would you make such an ignorant comment, he is a judge and is basing his decision on the law?

    • 2022-09-14 at 8:54 am
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      No, he sees her for what she is. A radical activist who has no clue what she is doing. People like you are part of the problem. Stop supporting BS like this.

  • 2022-09-12 at 6:27 pm
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    Biberaj went out of her way to persecute Mr. Smith while her office fumbled other cases including one where a man charged with domestic violence went on to murder his wife with a hammer. But she made sure to chase the accused “trespasser” with the full power of her office!

    Sure, the wife beater and murderer had to wear an ankle bracelet and pay a $500 bond but that guy protesting at a board meeting was the real threat to the community.

    Biberaj needs to be thrown out as soon as possible and Virginia needs to rethink the entire recall process in the state.

  • 2022-09-13 at 8:41 am
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    I think of Plowman every time I hear a GOP/MAGA/GQP person rail against activist judges with a political agenda. The left’s got nothing like this guy.

  • 2022-09-13 at 11:28 am
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    I’ve live in LoCo for more than half a century. Jim Plowman is without a doubt the most incompetent Commonwealth Attorney I can remember. His zealous prosecution of a high school vice principal for child pornography cost Loudoun taxpayers big time.

    Now the dude has “fallen up” into the judiciary and he’s playing politics with the woman who replaced him.

    Impeach Plowman- like so many modern day republicans Jim Plowman is not a qualified to be a judge

  • 2022-09-13 at 3:31 pm
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    It’s refreshing to see a judge like Plowman insist that delinquent prosecutors like the morally bankrupt Biberaj actually do their job without bias or the appearance thereof. At this point, Biberaj is incapable of prosecuting anyone without the appearance of bias, and she needs to be removed from her post.

  • 2022-09-13 at 6:05 pm
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    It’s past time we boot Buta from office. She has shown her incompetence as a prosecutor and should return to her prior employment as a criminal defense attorney… a position she has shown herself qualified to hold given her record of plea bargains as CA.

  • 2022-09-14 at 6:32 pm
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    I don’t get why the prosecuter must be “impartial.” We have an adversarial system. It’s the role of the court to adjudicate and resolve the dispute. The Loudoun judicial community is unusual, to put it mildly. My statement has nothing to do with the merits of the case.

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