JOURNAL OF THE
ARLINGTON COUNTY BAR
A SSOCIATION
Volume 23, Number 5
W i n te r 20 0 9
Special points of interest:
• Interview with Paul Fer-
guson– Part 1
• Raum: Bankruptcy Can
Buy Some time
• Wireless Network Secu-
rity
INSIDE THIS ISSUE:
Paul Ferguson-Part 1
New Members
Member News
In the Stacks
President’s Message
IP: Richard Litman
Circuit Court Calendar
GDC Calendar
Tech: Chris Crittenden
Raum On Bankruptcy
Bar Foundation
A CONVERSATION WITH:
H O N . P A U L F. F E R G U S O N
CLERK, ARLINGTON CIRCUIT COURT
INTERVIEW BY JOHN BORSARI, EDITOR
Editor’s Note: Fifteen months after he was elected Clerk of the Arlington County Circuit Court, Paul
Ferguson sat for an interview with the Journal. Mr. Ferguson is a 1992 graduate of the George Mason
University Law School and a graduate of Wakefield High School. He lives in Arlington with his wife,
attorney Karen Keyes, and his two sons, Timothy (10) and Daniel (7). Mr. Ferguson was on the
County Board from 1995 to 1997, serving as its Chairman in 1999, 2003 and 2007.
The interview will be presented in two parts,. Both installments will include questions on his time as
Clerk of the Court and his 12-year service on the County Board.
What motivated you to seek the job knowledge of County government
of Clerk of the Court? makes me a good fit. Although I’m an
elected constitutional officer, I have to
1
I’ve known David Bell my entire career. get budget approval just like every other
5 He’s someone I’ve ad- department in the county.
5
mired. Following his ca- My knowledge of the
reer I always thought that process has been a good
6 being Clerk of the Court thing for this office. I en-
8 would be something I joy my interaction with
would be interested in do- people that come to this
10
ing. As an attorney I felt office. The primary inter-
12 I had a good general action I have is with ju-
knowledge of the legal rors. I conduct jury ori-
13
system but I’ve had a lot entation twice a month
14 to learn here on my first and have found it reward-
year on the job. The ing to go over the differ-
18
Clerk of the Court is the ent aspects of what we do
19 connection between the as a court as it relates to
legal system, the public and the attor- their jury service. I also enjoy the op-
neys. I feel that my background with portunity to talk with Arlington and
constituent services on the County Falls Church residents about our court
Board and my legal background, plus my system.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 2

How do you keep from being Do you have plans in the in the jury assembly room when
isolated from the public and works to make court records they’re waiting to be called for
fight the natural manage- more accessible? trial.
ment problem of spending
all your time in the “back Yes, I hope that within the next What’s been the reaction to
room?” two years you will be able to your new requirement to no-
access files by computer just tice civil motions a week be-
I enjoy going out to the counter like in the land records section fore the hearing?
and seeing people. I enjoy jury of the office. If you are a fre-
orientation. I visit with the ju- quent user of our land records That was something that put us
rors as they come in before you can be a subscriber for in line with what other jurisdic-
they’re actually called into the $50.00 a month so you can ac- tions were doing. The week no-
courtroom. My job frequently cess that information online. tice made it easier for us to bal-
requires coordination with the ance the civil motion’s docket
Sheriff’s Department, the Com- And that would require scan- so that law clerks and the
monwealth’s Attorney and the ning of the various pleadings judges could see what was actu-
judges. I do my best to make in the files? ally going to be on
myself accessible to the public the docket for
and attorneys who stop by the We will that particular
office Isolation isn’t a problem. probably ini- day. No one
I’ve had many interesting con- tiate a scan- wants to wait
versations with people who ning project around too long
contact our office to obtain the for new on motion’s day
many services we provide the cases, and on so this enabled us
public on a daily basis. as many ac- to properly plan
tive cases as for the amount of
Have you had to make deci- possible. As far as going back cases that were coming in and
sions balancing court effi- and scanning all the files, that for the law clerks and judges to
ciency against public access probably won’t be possible. be able to do the necessary
to the courts? preparation given that week
What changes in procedures lead time. But, anytime there’s a
As far as future priorities for and practices have you made change, some people prefer the
this office, we would like to in the clerk’s office? previous system. I consider
minimize the trips to the court- this a minor change. However,
house for people who need to David Bell provided great ser- if there are any future changes,
access files but there’s a ques- vice to the Arlington Bar and to I will do my best to speak to
tion of how you balance public the public for more than thirty the bar association in person to
access with the more sensitive years, so it was a seamless tran- get their input first.
personal information that is of- sition. Most people will still say
ten contained in our civil, crimi- that it’s the same great service Have there been any changes
nal, and probate files, especially that I was getting before but in your personnel?
with the internet. I am working with a few enhancements on
to make the files more accessi- the margin. One of the things With Arlington County budget
ble by computer but there we’ve done for jurors is to pro- cuts, our office has lost 2 ½ po-
needs to be a balance, and I am vide wireless internet so that sitions over the last year. We
hesitant to move too quickly on when they’re waiting to be were lucky in that a few deputy
this. called for trial they can really clerks took advantage of the
work. Its like a giant study hall opportunity offered by the
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 3

County to retire because they Ed Semonian (Alexandria), John judicial system, one courthouse,
were eligible for it and it was Frey (Fairfax), and Gary Clem- and so the closer we can work
just the right time for them per- ens (Loudoun) have given me a together, the better we serve the
sonally. Others who have re- great deal of assistance. When- public, which is the goal of our
tired over the past year include ever I meet a Clerk of the Court office.
Barbara Kelley who served this from another locality, they men-
court for over 30 years as head tion that David Bell was a great Have you had any surprises
of the Civil Division. Barbara help to them. I am benefiting about the functioning in the
retired six months after David from the relationships that Clerk’s office now that you’re
Bell and I was thankful she de- David built up over the years. on the other side of the
cided to stay on for those six When a question arises, often counter?
months. Bonnie Johnson is fill- times Ed, John, Gary and I will
ing that role now and is doing contact each other to see if they No major surprises except that I
an excellent job as the head of have encountered the situation sign a lot of concealed weapons
the Civil Division. Bonnie was before. I also know many judges permits. I’m continuing to
formerly in the Criminal Divi- and staff from our neighboring learn.
sion. Judy Wheat joined the of- jurisdictions from when I prac-
fice at the end of last year as ticed law. We also are very for- You served on the County
Chief Deputy and Legal Coun- tunate to have a number of re- Board for 12 years, leaving in
sel. Judy worked in this office tired Judges from other jurisdic- December of 1997. What do
in the 1980s before she became tions serving as substitutes or you miss and don’t miss
an attorney and many are famil- hearing other matters here, so I about serving on the County
iar with her work as an attorney. have a lot of access to judges Board?
She’s doing a from neighboring
great job. Bob jurisdictions as well. I miss the ability to help con-
McCarthy has an- stituents with their concerns
nounced his re- Do any of the about the budget and issues af-
tirement in Octo- budgets from fecting their neighborhood.
ber of this year. General District or However, in a much different
Bob has served Juvenile & Do- way, I get that serving as Clerk
the Arlington Cir- mestic Relations of the Circuit Court. I certainly
cuit Court for 33 Courts come don't miss the Saturday meet-
years. Having his experience in through your office? ings. Twelve years was the right
the office has been a great asset No. That’s something I am glad amount of time for me to serve.
during my first year. We’re go- that you asked so I can make it I like my former colleagues and
ing to miss him. Toni Cope- clear. The staff in the General am able to keep in touch with
land, who many of you know District Court are all state em- them. I don't miss being on call
from her service to Arlington ployees whereas the people who 24/7. As a County Board mem-
County, is our jury coordinator work in the Circuit Court are ber, when people had a problem
and is doing a wonderful job of County employees., I have no it really didn't matter what time
jury administration, as well as jurisdiction over the other it was, they would contact me.
helping us transition to a new courts whatsoever. The clerks As Clerk, with a few exceptions
jury management system. for those courts are appointed such as weather emergencies,
by the judges, whereas the Clerk election day, or a grand jury or
What relationship does the of the Circuit Court is elected. trial running long, my work gets
Circuit Court Clerk have with Big difference!. I can’t tell them done for the most part during
other County courts? Do you what to do and wouldn’t try. normal business hours.
interface with them at all, or But I do consider each of those
interact with them at all? courts as partners. We’re all one While on the Board, you set
 J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9
environmental quality and which took a good bit of time.
conservation as one of your However, that’s finished now. I
priorities. Now that you’re also have continued to assist the
Clerk of the Court are you County Board with the Council
able to continue your involve- of Government’s Committee on
ment in that field? Climate Change. I am the
Chairman of the Board of a
Yes, in a limited way. The envi- group called Earth Craft Virginia
ronmental initiative that we Homes. It’s a successful non-
started at the County is still con- profit that certifies homes as en-
tinuing. All of the current Board ergy efficient. It’s a green label
members are very supportive of that developers are using to
it. It’s really not my initiative. market their properties in a dif-
It’s the County’s initiative and ficult market. It also saves the
the initiative of the Board as a purchaser of the property
whole. Because I was Chairman money because it’s more energy
that year, it was viewed as my efficient. There are three board
initiative. meetings a year. Otherwise, I
am devoting myself to the re-
But weren’t you really the sponsibilities I have as Clerk . I
driving force? feel that things are running very
well, but I always welcome input
I think it’s fair to say I was the from the Bar on how we can do
driving force but it would not things better.
have been successful without
the support of the entire Board. When you left the Board,
Even though I’m not there, it’s were there any projects that
fully supported by each Board were unfinished that you re-
member and there’s staffing in gret not being able to finish
place to meet the five year goals up?
that were set out.
Not really. [Former Clerk]
In your current position as David Bell announced his retire-
Clerk of the Court is there ment in late January 2007 and I
anything you can do in that announced that I was seeking
area of environmental quality the position in early February so
and conservation that? I knew for most of the year that
I was going to need to finish up
Well, my job is Clerk of the Cir- things. I’m happy with what I
cuit Court so those duties are was able to accomplish. There
my primary focus. As Clerk I is one thing that comes to mind
have made an effort to ensure involving a building in Cherry-
that the office is run in as envi- dale on Lee Highway that is un-
ronmentally friendly a manner finished. I believe now there’s
as possible and that all of my an application in to take the
staff take the county’s green shell of the building and finish
pledge. In addition, I was ap- it. That is one vote that I wish I
pointed by the Governor to the could take back. The neighbor-
Commission on Climate Change hood was requesting a firehouse
Page 4
there. The mixed-use develop-
ment may turn out to be great
and I hope it will be completed
in the next couple of years.
When I see that building
boarded up ,it reminds me that
it is something I wish had
turned out better in a faster way.
My understanding is that the
building is going to have to
be taken down.
Now it appears that there is a
developer who can take the ex-
isting structure and remake it so
that it’s safe and market it as a
property. I understand he’s ob-
tained an engineering certifica-
tion for this.
The Cherrydale Firehouse re-
location came up under your
Chairmanship. Was that issue
fairly contentious?
It was contentious when it came
up in 2003 and continued to be
so. The firehouse will hopefully
be completed soon. It will be
located behind the Toyota deal-
ership, which is where the
Board ultimately agreed to put
it.
Editor’s Note: In the second and
final installment, Mr. Ferguson dis-
cusses the clerk’s budget, major
projects underway in the Clerk’s
office and the controversy over the
baseball stadium and affordable
housing.
The second installment will appear
in the next issue of the Journal.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 5

NEW MEMBER ADDRESSES

Stephen A. Cobb Anna I. Kaldenbach-Montemayor
Odin, Feldman & Pittleman PC Ana Isabel Kaldenbach, Esq.
9302 Lee Hwy, Suite 1100 3621 S. 6thSt.
Fairfax, VA 22031 Arlington, VA 22204
(703) 218-2103 (703) 979-3076

Henry R. Gola (Student Member) Stuart A. Raphael

1762 N. Rhodes St. #347 Hunton & Williams LP
Arlington, VA 1751 Pinnacle Drive, Suite 1700
(703) 670-2222 McLean, VA 22102
(703) 714-7463
Karen Griffin Kaldahi
Kaldahi Resources Kimberly Martin Turner
1937 S. George Mason Dr. Law Office of Kimberly Martin Turner
Arlington, VA 22204 1100 N. Glebe Rd., Suite 1010
(703) 980-1822 Arlington, VA 22201
(703) 224-8271

MEMBER NEWS
CHUCK VASALY has relocated to 711 Park Ave- ETHAN ALLEN TURSHEN, longtime ACBA
nue, Falls Church VA 22046. His phone number member, passed away Monday, February 9th.
remains (703) 538-3603 & fax number remains
(703) 538-2606.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 6

IN THE STACKS

By Patricia Petroccione

CELEBRATE NATIONAL LIBRARY WEEK: APRIL 13 – 17

"A library book...is not, then, an article of mere

consumption but fairly of capital, and often in the case of
professional men, setting out in life, is their only capital."
- Thomas Jefferson (1743-1826)

Join us in the library for National Library Week

activities. Enjoy complimentary coffee, juices and light
breakfast refreshments on Thursday, April 16, from 9:00
a.m. to 11:30 a.m. The LexisNexis representative will be
present during that time to provide training for basic and
advanced Lexis searching. The used book sale will be
held during the week, as well as our annual “Guess the
Number of Gummi Bookworms in the Jar” contest.
First sponsored in 1958, National Library Week
is a national observance sponsored by the American Li-
brary Association (ALA) and libraries across the country
each April. It is intended to celebrate the contributions
of our nation's libraries and librarians and to promote li-
brary use and support.
Did you know there are more than 123,000 li-
braries of all kinds across the United States?

BOOK DONATIONS
Additional resources are always helpful to maintain an updated core of legal materials in the library. We
are grateful to Arlington Bar members who continue to support the library with donations of funds
and books. Thank you to the following Arlington Bar members:

Robert Gookin
David Sattler
Woodrow Walker
Walsh Colucci Lubeley Emrich & Walsh

WEBSITE ALERT

This month’s recommended URL is http://mlanet.org/resources/medspeak/topten.html. This

is a helpful list of the top ten most useful medical websites for health consumers as compiled by the
Medical Library Association.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 7

NEW BOOKS

Appellate Practice: Virginia and Federal Courts; Virginia CLE, Fourth Edition, 2008

Choosing a Virginia Business Entity; Virginia CLE, Third Edition, 2009

Construction Law 2008-2009 Edition; Virginia Practice Series; West Publisher

The following new books were provided as “gifts” from the publisher:

Criminal Evidentiary Foundations, Edward J. Imwinkelried, 2007, Second Edition, Lexis/Nexis.

Federal Pretrial Civil Litigation, Jenner & Block, LLP, 2008 Edition, Lexis/Nexis.

The George Mason Journal of Law, Economics & Policy presents:

A Symposium on Mark to Market Accounting Reform
Where: Hotel Monaco, 480 King Street, Alexandria, VA 22314
When: April 10, 2009, 10 am to 4 pm, with a reception to follow.
Cost: Free for students and $35.00 for non-students. The event includes lunch and refreshment
breaks, as well as one drink ticket for the reception. Registration is not required for the event.
The event will feature:
Haresh Sapra of The Chicago Booth School of Business
Nicole Gelinas of the Manhattan Institute
Raymond Niles of Capitalism Magazine &
Peter Wallison from American Enterprise Institute.

Please contact Katie Aufderhaar at jlepmarktomarket@gmail.com for questions.

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 8

PRESIDENT’S MESSAGE
BY WILLIAM K. WETZONIS, PRESIDENT
Spring is around the cor- responders such as firefighters,
ner and while it is a season that emergency personnel, and police.
represents new beginnings, it is It is a great opportunity to give
difficult to think about back to individuals who
a fresh start in these serve our community.
stressful financial Please contact Brent
times. The legal com- Baxter at his email ad-
munity is not immune dress at to sign up as a
to the effect of this fal- volunteer for this pro-
tering economy as evi- gram.
denced by the recent Of course, all this hard
news reports of mas- work should not go un-
sive firm layoffs. Not- rewarded. One event
withstanding, I know that you do not want to
that we will meet the miss is the Judges’ Din- we will meet the challenges that lie
challenges that lie ner which will be held ahead and ultimately succeed in
ahead and ultimately succeed in on Saturday, April 4, 2009, at bringing prosperity and service
bringing prosperity and service 6:30 p.m. at the Westin Hotel in back to our nation and our local
back to our nation and our local Ballston. Our guest speaker is community
community. Winston Churchill Chuck Rosenberg, former
once said “Success is not final, United States Attorney for the
failure is not fatal: it is the cour- Eastern District of Virginia and
age to continue that counts.” who now works as a partner in
With that said, I hope the litigation practice group of
you will look at this Spring as a Hogan and Hartson in Washing-
new beginning in your profes- ton, D.C.. Make sure you save
sion and pursue a stronger com- the date on your calendar as this
mitment to helping those less will be a great event.
fortunate in our community. A Finally, I want to remind
great opportunity towards this members that there are some in-
goal is to set aside some time for teresting CLE programs coming
pro bono work. Whether it is up this Spring. On March 26,
providing some advice on a land- 2009, Bill Fogarty of Walsh,
lord/tenant matter or assisting Colucci, Lubeley, Emrich &
on an elder law matter, everyone Walsh, will be speaking on the
wins in helping out those who subject of condominium law.
may not be able to afford an at- On April 16, 2009, Bill Murray
torney to address such issues. I of Manning and Murray will pre-
strongly urge all members to par- sent a Trust and Estates seminar.
ticipate in a pro bono project this Please contact Dennis Cuppy at
year. One project that needs vol- (703) 228-4465 or on line at to
unteers is the Wills for Heroes sign up for these programs.
Program that we will be offering
in May 2009. This program is
designed to prepare wills for first
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 9

LEGAL ASSISTANT

Immediate opening for detail-oriented

legal assistant in fast-paced Lake Ridge
family law practice. Excellent organi-
zation skills required. Minimum of 2
years family law experience a must,
bankruptcy experience a plus. Salary +
benefits. Fax resumes to Julie 703-492-
4201.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 10

INNOVATION WILL CATAPULT OUR ECONOMY

TO 21ST CENTURY PROSPERITY
By Richard C. Litman, Litman Law Offices, Ltd., Arlington, VA

Ingenuity catapulted the large businesses.

world’s economy to new hori- Companies need to
zons in past centuries. Elec- embrace this spirit today.
tricity, oil, nuclear power and Those businesses which
other sources of energy fueled foster an environment
the growth of the global where creativity and out of
economy in the last century. the box thinking are part of
With electricity came lighting, the core culture will be the
electronics and the age of in- market leaders and super-
formation technology. With stars when the sun shines
oil came the proliferation of again on the economy
automobiles, jet airplanes and
the use of plastics. The nu- Survive and Thrive
clear era brought even further The great thinkers of the world
discoveries in medicine, space explo- Even though a single lawyer, became the catalyst for
ration and energy. Economic pros- law firm or our bar association can't technological enlightenment and
perity can return, and return quickly, single-handedly turn around the economic growth during the
through good old-fashioned ingenu- global economy, we can encourage twentieth century. It is no
ity. our clients to protect and profit from different now. The stimulus for
their most valuable assets, their Intel- economic recovery and expansion
Conceive, Believe and Achieve lectual Property (IP) assets. Helping in the twenty-first century will
your business clients implement a come from the world's most
The great thinkers of the global innovation strategy will help plentiful resource: the human
world became the catalyst for tech- them through these difficult times capital of people.
nological enlightenment and eco- and provide a platform for long-term
nomic growth during the twentieth growth.
century. It is no different now. The Unfortunately, IP assets
stimulus for economic recovery and aren’t found on most balance sheets.
expansion in the twenty-first century They are usually viewed as a payroll
will come from the world's most expense for people – rather than as
plentiful resource: the human capital an investment in human capital.
of people. Innovation is the answer These assets are often not even cap-
for this century just as it has been in tured by most businesses. The value
the past. of IP is often not realized by a busi-
Great ideas made America a ness, even during times of economic
great nation. Other countries have growth. In times of a declining econ-
learned valuable lessons from the omy, innovation often become a low
history of innovation in this country. priority or is completely eliminated
Nations that have adopted this core from a company’s strategic plan. This
philosophy have also become global is a mistake.
leaders. It is a proven formula for the What lawyers can do is to
economic viability of nations, and for help clients understand that the key
the sustainable growth of small and to long-term financial vitality is to
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9
capture and commercialize the ket and a client could license its
individual and collective knowl- IP assets and generate revenues
edge of a company's workforce. from similar businesses in other
regions of this country or in
IP Assets: Additional Reve- emerging global markets. It is
nues Through Innovation truly a small world and what is
successful in this country can
A main benefit of IP be replicated and successful in
assets is that these assets can Asia, the Middle East or South
provide revenue streams in ad- America. Suppliers and even
dition to day-to-day operating customers can become strategic
income. This can be of high partners in a licensing strategy
value in the current economy to expand a company’s global
when many businesses have de- revenue base.
clining revenues and have diffi- Growth of IP Assets Should
culty with obtaining financing Be a Top Priority
for business growth.
The business climate Our global economic woes can
may be deteriorating for certain be cured by technological inno-
businesses in this geographic vation. It may take a cure for
market. But, an innovative cancer or some new form of
company can weather adverse energy to catapult the economy
local conditions if they think back to an era of prosperity. It
national and global. A company could be that incremental im-
that captures its IP, protects it, provements on existing tech-
and commercializes it through nologies are all that is needed
its own operations, as well as for our return to prosperity.
through licensing, will have an Lawyers can help clients
advantage as the economy im- understand that the key to long-
proves. term economic vitality is to
Other regions may not capture and commercialize the
be impacted like the local mar- individual and collective knowl-
YOUNG LAWYERS!
NEW LAWYERS!
If you are under 35 years of age or have been practicing less than five years,
the Arlington Bar Association's Young Lawyers Section is for you!
If you're interested, please let Bill Wittig know by sending him an email at wp.wittig@verizon.net
with the subject line: Young Lawyers.
Page 11
edge of a company's workforce.
Lawyers can help clients grow
and prosper by helping them to
recognize the value of their
company’s IP assets and realiz-
ing income from these assets.
It could be your client’s great
idea that will reduce medical
costs, or offer the next genera-
tion in communication, or pro-
vide something that just makes
people enjoy life a little bit
more than they do today.
Companies should not
put innovation on the bottom
of their priority list or take the
collective development of IP
assets out of their strategic plan.
Whether the economy is good
or bad, an investment in inno-
vation is the best investment a
company can make to succeed
in the global economy of the
twenty-first century.
Interested in Learning More?
If you have any specific ques-
tions, feel free to contact Rich-
ard Litman, Section Chair, at
703-486-1000 or at lit-
man@4patent.com.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 12

CIRCUIT COURT CALENDAR

April 2009 September 2009

04/02/09 Criminal Motions 09/03/09 Criminal Motions

04/20/09 GRAND JURY 09/07/09 Labor Day Holiday
CIVIL TERM DAY (no jury trials this 09/21/09 GRAND JURY
week) 09/24/09 Case Setting / Criminal Motions
04/21/09 Criminal Motions
04/23/09 Case Setting/Criminal Motions October 2009

May 2009 10/01/09 Criminal Motions

10/12/09 Columbus Day Holiday
05/07/09 Criminal Motions 10/20/09 Criminal Motions
05/11-13 NO CIRCUIT COURT JUDICIAL 10/19/09 GRAND JURY
CONFERENCE CIVIL TERM DAY (no jury trials this
05/18/09 GRAND JURY week)
05/21/09 Case Setting /Criminal Motions 10/22/09 Case Setting / Criminal Motions
05/25/09 Memorial Day Holiday
November 2009
June 2009
11/05/09 Criminal Motions
06/04/09 Criminal Motions 11/16/09 GRAND JURY
06/15/09 GRAND JURY 11/19/09 Case Setting / Criminal Motions
CIVIL TERM DAY (no jury trials this 11/26-27/09 Thanksgiving Holiday
week)
06/16/09 Criminal Motions December 2009
06/18/09 Case Setting /Criminal Motions
12/03/09 Criminal Motions
July 2009 12/21/09 GRAND JURY
CIVIL TERM DAY (no jury trials this
07/02/09 Criminal Motions week)
07/03/09 Independence Day Holiday 12/22/09 Criminal Motions
07/20/09 GRAND JURY 12/23/09 Case Setting & Motions
07/23/09 Case Setting /Criminal Motions (not been confirmed yet)
12/24-25/09 Christmas Holiday
August 2009

08/06/09 Criminal Motions

08/17/09 GRAND JURY
CIVIL TERM DAY (no jury trials this
week)
08/18/09 Criminal Motions
08/20/09 Case Setting / Criminal Motions

**NO JURY TRIALS 08/17/09 –09/07/09 **

J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 13

GENERAL DISTRICT COURT CALENDAR

Criminal Court (3A)
Traffic Court (3C)
Monday though Friday Monday through Friday
9:00 a.m. Bond Motions 9:00 a.m. Arlington County Police Traffic Cases
9:30 a.m. Trials (non jailable), In-Custody 10:00 a.m. VA State Police Traffic Cases
Arraignments Monday
10:00 a.m. Motions, Out-of-Custody Arraignments 10:00 a.m. Arlington Sheriff Traffic Cases
11:00 a.m. DWI Pre-Trial Conferences Wednesday
Friday 9:00 a.m. WMAA Traffic Cases
10:00 a.m. Bond Forfeitures Friday
10:30 a.m. Arlington County Police (SOS)

Trial Court (3B) Civil Court (3D)

Monday, Tuesday, Thursday (Wednesday: No court, civil
Monday through Friday judge sits in Falls Church)
9:30 a.m. Misdemeanor Trials 9:00 a.m. Traffic Cases
11:30 a.m. Preliminary Hearings 10:00 a.m. Civil Motions and Trials
2:00 p.m. Civil Returns/Pre-Trial Conferences
Monday, Wednesday, Thursday, Friday
2:00 p.m. Trials/Preliminary Hearings taking Fridays
more than 1 hour 9:00 a.m. Traffic Cases
Tuesday 9:30 a.m. Small Claims Cases (except 1st Friday
2:00 p.m. Sentencing/Rules of the month)
2:00 p.m. Civil Returns/Pre-Trial Conferences

1st Friday of each month

9:30 a.m. Photo Red Light Cases

OFFICE SPACE AVAILABLE

Arlington— Two Offices in modern suite with other lawyers working in areas of labor, P.T.,
commercial, criminal and domestic relations. Facilities, include library, conference room, re-
ception, secretarial station, photocopier, fax, file room, work area, kitchen, and telephone an-
swering. DSL available. Indoor parking. One block from courthouse and Metro. Available
now. Contact: Sheldon I. Cohen, (703) 522-1200.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 14

WIRELESS NETWORK SECURITY

BY CHRISTOPHER CRITTENDEN, PRESIDENT
CARDINAL CONCEPTS, LLC

Wireless networks are taking Designed for Wireless Local

our culture by storm. From busi- Area Networks (WLANs), WEP pro-
nesses and homes to public spaces, vides wireless security equivalent to
it's easier than ever to work using that of a wired LAN. While it is still
Wi-Fi. With the help of to- considered to be a basic
day's technology, almost deterrent, it has several
anybody with basic com- known flaws that any
puting skills can success- moderately skilled hacker
fully set up a wireless net- could exploit with just a
work. No one wants to run little time and a few tools.
the wire to accomplish the WEP is easily hacked.
same results using a wired While WEP is regarded as
network. Wireless is easy the baseline from which
that most people don't fully grasp ex- subsequent, more effective protocols Whether using a home
actly how their data will be transmit- were developed, today it is primarily network, corporate Wi-
ted, and why there are inherent secu- used with older equipment. In order Fi, or a public hotspot,
rity risks associated with wireless. It to avoid the security issues presented wireless networking is a
has been estimated that approxi- by WEP, a switch to either WPA or convenience that can
mately 40B50% of all wireless net- WPA2 is recommended. come with a real threat.
work/ data/access users have either
inadequate network security or no Wi-Fi Protected Access (WPA)
security at all. Whether using a home Built upon the foundation of
network, corporate Wi-Fi, or a public WEP, WPA was created in 2002 to
hotspot, wireless networking is a bring enhanced LAN security to the
convenience that can come with a wireless market. WPA uses Temporal
real threat. Key Integrity Protocol (TKIP) en-
cryption, using the same RC4 algo-
Encryption for the Beginner rithm as WEP for encryption, but
When you are working with adding sophisticated key manage-
the router wizard to setup a wireless ment and effective message integrity
network numerous options are pre- checking. Developed in conjunction
sented for encryption protocols and with the IEEE 802.11 Standards
information provided on how impor- Working Group for WLANs, WPA
tant they are, but can they really keep effectively replaced WEP and the
a wireless network safe? The 802.11 other security features of the original
specification is a family of protocols 802.11 standard.
developed for wireless LAN technol- WPA offers dynamic key en-
ogy. What are they and what do they cryption and mutual authentication.
do? It secures both email packet headers
and their payloads, and provides a
Wired Equivalent Privacy (WEP) deterrent to replay attacks. WPA's
 J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 15

enhanced encryption is an ideal Wi-Fi Protected Access 2 guy sitting innocently in his car
solution for wireless networks (WPA2) outside an office building, or
that deal with many different The second generation even that freshly-scrubbed col-
types of 802.11 radio Message of WPA, known as WPA2, re- lege girl sitting next to you at
Integrity Checks (MICs) such as placed TKIP encryption with your favorite coffeehouse.
public hotspots. Most leading 128-bit Advanced Encryption Using a variety of easily
wireless access point and chip Standard (AES) encryption for accessible tools such as encryp-
set vendors have lent their sup- compliance with FIPS140-2 tion-cracking programs, Denial
port to WPA. government security require- of Service (DoS) tools, LAN
WPA is not a miracle ments. scanners, long-range antennas,
cure. New issues have emerged With each successive wireless sniffers, and automated
as a result. Like its predecessor generation of standards, there exploit software, hackers can do
WEP, WPA has been found to are new issues to address. everything from eavesdrop on
have weaknesses that can be WPA2 requires a dedicated chip email and Instant Messaging
used to bring down a network. to handle the encryption and conversations to steal and use
Two attack techniques adept at decryption, which for many will financial data such as account
exploiting WPA vulnerabilities mean a hardware upgrade in or- information and credit card
are dictionary attacks and Denial der to take advantage of the numbers.
of Service (DoS) attacks. benefits. Hackers often look for
However, as the stan- access points (AP) that have
A dictionary attack dards evolve and solidify, wire- been set up without changing
tries to defeat an authentication less networking will become less the default/factory configura-
mechanism by searching a large about risky business and more tion to prevent the open broad-
number of possibilities to deter- about its true objective: flexibil- cast of Service Set Identifiers
mine its pass phrase. As a WPA- ity for enterprises and their us- (mobile device passwords for
protected connection is being ers. connecting to wireless stations),
established, four data packets or without resetting the default
are exchanged. Once a hacker Hacker is as Hacker Does password.
has access to those four packets, In public hotspots, the
he or she can carry out a dic- Wireless networking is risk of attack is greater. Hackers
tionary attack on the pass relatively new, it's a prime target can hijack data simply by
phrase. Pass phrases of 14 or for up-and-coming hackers launching an attack against un-
more characters are least sus- looking to make an impact, or suspecting computer users as
ceptible to a dictionary attack. seasoned criminal hackers out they log on to the network.
for financial gain. Many people Sometimes, however,
A DoS attack brings a still harbor the stereotypical pic- the door to a wireless network is
network down by flooding it ture of the geeky hacker in their left open for hackers by uncon-
with useless traffic. Using an er- minds: a lonely social outcast cerned or uninformed employ-
roneous encryption key, a who lives with his parents and ees. Because wireless networks
hacker transmitting two packets boosts his self-esteem through are so easy and inexpensive to
of unauthorized data during a technological mischief carried install, employees can buy a
one-second interval can fool the out late at night from a dark- wireless card for as little as US
system into believing it's under ened suburban bedroom. $50 and set up unauthorized,
attack so that it will shut itself But that's exactly what unencrypted wireless access
down, temporarily disabling all they want everyone to think. In points by simply attaching them
user connections on that access reality, a hacker can be anyone: to a “wired” corporate network.
point. WPA is most effective the friendly, businesslike It's estimated that an employee's
when supplemented with other “researcher” on the other end ability to buy and install unman-
wireless security precautions. of a phone conversation, the aged access points could result
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 16

in more than 50% of enterprises ex- the same SSID. low an attacker to read, insert, and
posing sensitive information To reduce risk of spoof type modify messages between two par-
through wireless networks. attacks, users should disable net- ties without either party knowing
work interface cards when not in that the link between them has been
Wi-Fi Phishing use. Windows XP should be config- compromised.
More computer users are ured to connect only to Preferred
taking advantage of the opportunity Networks, only in Infrastructure Make sure the Operating System
to get connected or get work done (OS) is securely configured. Make
in airports, hotels, coffee houses, Avoiding the Security Pitfalls sure to control the wireless station
and other public places. Wi-Fi hacking often suc- configuration on employee desk-
Every modern convenience ceeds because users make mistakes. tops, laptops, and/or PDAs. By tak-
brings with it a group of opportun- Education can help them recognize ing users out of the equation, or at
ists ready to exploit it for destruc- attack symptoms and avoid known least reducing their role in determin-
tive purposes, and wireless hotspots risks. In order to provide the most ing device settings, the risk of attack
are no exception. Anytime a user comprehensive defense against a can be significantly diminished.
connects via a wireless hotspot, they hacker assault on your wireless net-
are vulnerable to what is called a work: Implement 802.1 x-based authen-
spoof site attack or the Evil Twin tications where possible. Turn off
attack. Also known as “Wi-Fi Phish- Users should never accept certifi- the broadcast of the manufacturer's
ing,” spoof site attacks take place cates or keys presented when service set identifier, and change the
when a hacker sets up a fraudulent, connecting to APs or application default access point or router pass-
unencrypted wireless AP that mim- servers. This will avoid word to reduce overall vulnerability
ics the look and feel of the legiti- “downgrade” attacks, where a levels.
mate AP at a given site. In a suc- phony AP operates without 802.1x,
cessful attack, the spoof site AP has or a phony portal operates without Set up an access list. Determining
a stronger signal than the legitimate SSL. In smaller WLANs, configure a list of devices authorized to asso-
AP, and computers automatically clients with a list of Specified APs. ciate with the access point or wire-
attach to it when trying to connect less router gives you more control
to a network. Users log on to the If an AP offering free Internet over risk.
spoof site rather than the legitimate seems too good to be true, it
AP, and unwittingly give the hacker probably is. Given a choice be- Turn off wireless administrative
access to their passwords, files, tween free wireless and paying out access to the access point. As ac-
email accounts, personal account of pocket, most people unfortu- cess points broadcast in all direc-
data (banks, etc.), and credit card nately choose the riskier free service tions at once, something as simple
information. every time. A company-defined plan as physically locating the access
The promiscuity of clients that pays for safe Wi-Fi access will point or router away from external
that hop from hotspot to hotspot is help keep users out of trouble. walls and windows can make a sig-
the main vulnerability exploited by nificant difference in your level of
phony AP’s. Hotspotter tools pro- Encourage employees to use Se- risk.
vide information on signal availabil- cure “hotspot” tools. Connectivity
ity and strength, as well as essential platforms with an encrypted login What is in the Future?
network data, monitoring Micro- protocol eliminate interaction with Wireless security will con-
soft® Windows® XP client re- spoof-able login portals. WPA net- tinue to be a concern for the fore-
quests and comparing them to com- work options using 802.1x verify seeable future. Although a single
mon hotspot SSID names. If there authentication server certificates to overall solution has yet to be per-
is a match with the client's request, help defeat Man-in-the-Middle fected, the best protection is always
the rogue client acts as an AP with (MITM) attacks. MITM attacks al- prevention. As the tools evolve,
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 17

we'll no doubt get closer to the goal changes. secure wireless network contact
of secure wireless. But as soon as If you need to audit your Bandwidth Services 703.864.6212.
we do, you can bet there's a hacker wireless network, establish a policy
out there, happy to adjust to those or require assistance in setting up a

Bandwidth Services, LLC

CHRIS CRITTENDEN
Real-Time Technology Solutions for Home and Small Businesses
more than 25 years experience providing comprehensive IT solutions,
specializing in home and small businesses.

■ REMOTE AND ON-SITE SUPPORT ─ Full service IT support that can be provided either
remotely or on-site, depending on the client’s needs.

■ TECHNOLOGY RENEWAL SERVICES ─ Extensive experience in bringing outdated or

incompatible equipment and software up-to-date with the least amount of disrup-
tion and investment.

■ SERVER AND NETWORK SETUP AND MAINTENANCE ─ Installation, upgrading and

maintenance of systems to meet the needs of an expanding business.

■ TELECOMMUNICATIONS INSTALLATION AND INTEGRATION ─ Installation and mainte-

nance of all aspects of integrating IT and telephony systems.

■ NETWORK SECURITY ─ Implementation of comprehensive network security solutions,

including virus, malware, spyware, and spam-blocking strategies to minimize loss of
time.

Protection of critical applications and networks is not a luxury, it is

a requirement for any successful business.
Chris Crittenden, Bandwidth Services LLC ▪ Arlington, Virginia ▪ 703.864.6212

YOUNG LAWYERS!
NEW LAWYERS!
If you are under 35 years of age or have been practicing less than five years,
the Arlington Bar Association's Young Lawyers Section is for you!
If you're interested, please let Bill Wittig know by sending him an email at wp.wittig@verizon.net
with the subject line: Young Lawyers.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 18

Raum on Bankruptcy:
Bankruptcy Might Just Buy Some Time
By Nora Raum

I’ll bet many of you have had posit.

clients facing foreclosure. And as If there is equity in the house,
smart as you are and as inventive as you don’t want to file a Chapter 7 be-
you are, you may have found it diffi- cause the trustee would take the house
cult to get the bank to hold off. I’ve to pay off the other debts, such as
heard this over and over. The client credit cards and medical bills. Unlike
has been in serious negotia- Chapter 13, the debtor
tions to modify the loan, but doesn’t have the right to
suddenly there’s a notice that a have the bankruptcy dis-
sale has been set. At that missed later on. Once it’s
point, filing a bankruptcy may filed, it’s filed. If there’s
be the only way to stop the equity in the house, the
Bankruptcy is a creature
bank from taking the house. trustee will take it. of federal law, but what
It is important to un- A Chapter 13 debtors are allowed to
derstand there are two differ- bankruptcy may be ap- keep in a Chapter 7 is
ent kinds of bankruptcy. The propriate in cases where under state law. Virginia
Chapter 7 is the liquidation there is equity in the
kind. The theory is that the house and the debtor is quite cheap but most
debtors turn over all their really can catch up if people I see don’t have
property to the bankruptcy given more time. You more than they’re allowed
trustee, who then sells it and gives the come up with a plan showing how the to keep.
proceeds to the creditors. In real life, debtor can pay the debts off in five
most people don’t lose anything in a years. One of the good things about
Chapter 7. Bankruptcy is a creature of the Chapter 13 is that the debtor has
federal law, but what debtors are al- the right to dismiss the case. So the
lowed to keep in a Chapter 7 is under debtor can file a Chapter 13 to stop a
state law. Virginia is quite cheap but foreclosure, negotiate with the mort-
most people I see don’t have more gage company on a loan modification,
than they’re allowed to keep. and then get the Chapter 13 dismissed
A Chapter 7 bankruptcy may when the deal is done. That’s the fan-
be the answer for people who know tasy, anyway.
they can’t hang onto to the house for- The trick is you have to come
ever but just want to buy a little time. up with a plan that will work if the
Once the bankruptcy is filed, the loan modification falls through. Also,
mortgage company has to file a mo- the Chapter 13 must end up paying
tion asking the bankruptcy court for the unsecured creditors more than if a
permission to go ahead with a foreclo- Chapter 7 had been filed. So if there is
sure. The permission is usually equity in the house, the debtor has to
granted. There’s almost never any eq- pay as much into the plan as the credi-
uity in the property at this point so tors would have received if the assets
Editor: Nora is a longtime member
there’s no reason to deny the creditor had been liquidated.
of the Arlington Bar and the author
the right to protect its investment. But Like I say, it’s tricky. But of the 2005 book: “Surviving
it can take the creditor several months sometimes bankruptcy is the only sure Personal Bankruptcy; Your
to actually foreclose. In the meantime, way to stop a foreclosure in its tracks. Guide to the Personal, Legal
your clients are living rent-free and and Financial Issues,” pub-
saving their money for a security de- lished by Gotham Books.
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 19

AR LI NG TO N CO U N T Y BAR F OU NDATI O N
BY LEO ANDREWS, CHAIR

On Valentine’s Day this year
the Bar Foundation conducted its
annual fundraising phone-a-thon:
Gift From the Heart.
This year the phone-a-thon
was organized by Bankhead Davies
and Kevin Appel. Sixteen fellow
members of the bar contacted each
member to solicit funds for the
foundation’s sustaining funds and
for the Walter T. McCarthy Law Li-
brary.
A total of $13,990 was
pledged and much, but not all, of
those pledges have been received.
Half of that money is given to the
law library.
This is slightly less than the
total raised in 2008, but, considering
the economy, results show that the
bar members are generous, even in
the worst of time. We thank all
those who helped raise this money
and, of course, those who gave dur-
ing this fundraising drive
Later this Spring, the foun-
dation will announce the charitable
organizations selected to receive
grants.
The amount of grant money
available for distribution each year is
based upon the interest received
from the foundation’s funds which
are invested in insured certificates
of deposit.
In the next issue of the Jour-
nal we will announce the organiza-
tions which received grants.
Again, thanks to all who
have contributed to the foundation
this year.

ARLIN GTON C OU NTY FOUNDAT ION C ONT R IBU TORS

Trustees (Pledges of $1,000) Alan E.J. & Susan Branigan Berton V. Kramer
Double Platinum James F. Almand Paul D. Brown Thomas W. Phillips
(Lifetime Contribution over $5,000) Kevin R. Appel Howard M. Bushman Special Gifts
Betty A. Thompson Raymond B. Benzinger Bankhead T. Davies Estate of David B. Chase
Deceased: Jennifer A. Brust Bankhead Thornton Davies Tidewater Research Founda-
Ken McFarlane Smith Leonard Buscemi John P. Ellis tion, Inc.
Marni E. Byrum Daniel S. Fiore Venable, Baetjer & Howard
Platinum Manuel A. Capsalis Griffin T. Garnett III Current Donations
(Lifetime Contribution of $5,000) Mark D. Cummings Ronald L. Hiss Sheriff Beth Arthur
Leo Andrews Jr. William Dolan, III Edward M. Holland Richard Trodden
Mark Cummings Karen A. Henenberg Richard E. Knight Betty A. Thompson
William Dolan Gerald L. Kesten Berton V. Kramer William B. Lawson, Jr.
Law firm of Shadyac & Shadyac David Lasso Donald O. Manning Fitsum Alemu
Deceased: Timothy J. McEvoy James B. Miller
Hon. Andrew Ferrari Raymond Benzinger
John L. Melnick William G. Murray EdNolen
David E. Sher Alan R. Plumley, Jr. Betty A. Thompson (in memory
Gold Richard E. Trodden John F. Rutledge
(Lifetime Contribution of $3,000) of Ethan Turshen)
Paul D. Varoutsos Leonard S. Sattler
Betty A. Thompson (in memory
Charles E.K. Vasaly Philip Schwartz
Silver of Janet Walker)
Deceased: Earl E. Shaffer
(Lifetime Contribution of $2,000) Judge Dorothy Clarke (in mem-
Griffin T. Garnett, Jr. Ethan Allen Turshen
William E. & Cherie B. Artz ory of Ethan Turshen)
Joseph Gwaltney George D. Varoutsos
James W. Korman William L. Winston Judge Dorothy Clarke (in mem-
Martin D. Walsh
Lyla Shealy ory of Janet Walker)
William A. Wildhack Jr.
Deceased: Lifetime Trustees Susan Wise Clay
John C. Youngs
Norris Shealy (Contributions of $1,000) Amanda Ellis
Deceased:
Joanne F. Alper Robert J. Arthur John McGavin
Thea Rossi Barron George W. Campbell, Jr. Speiser Krause
Sustaining Trustees Leroy E. Batchelor Richard W. Corman Kate Giroux
J o u r n a l o f t h e A r l i n g t on C o u n ty B a r A s s o c i a ti o n W i n te r 200 9 Page 20

Arlington County Bar Association

1425 North Courthouse Road

Suite 1800
Arlington, VA 22201

Phone: 703.228-3390
Fax: 703.228.7360
Email: support@arlingtonbar.org

We’re on the Web

www.arlingtonbar.org

Professional Office Suite Available in Falls Church

Separate outside entrance, reception room, private office, furnished conference room with conference table
and chairs, full kitchen, with washer/dryer, bathroom with shower, maid service five days a week, and free
parking. All utilities included except telephone and internet. Rent is $999.00 a month for the first year and
the first month is free. Send inquires to law.jmelnick@verizon.net or call John Melnick at 703-276-1000.

Arlington Bar Officers and Directors 2008-2009

President: William K. Wetzonis 703-228-4410 Arlington Bar Journal

President-Elect: William Hassan 703-243-7552
Secretary: Brent E. Baxter 703-228-3248 Editor: John A. Borsari 703-524-5800
Treasurer: John C. Lynch 703-228-4410 Advertising &
Past-President: William R. Koerner, Jr.. 703-875-8940 Notices: Barbara Head 704-228-3390
Directors: Raymond B. Benzinger. 703-525-1362
Denman A. Rucker 703-525-4900
David A. Oblon 703-312-0411 Council Members - 17th Circuit
Frank A. Frio 703-228-0703
Jeffrey P. Jankovich 703-528-0701 Mark D. Cummings 703-525-1200
Jay E. Burkholder 703-228-4410 Raymond B. Benzinger 703-525-1362
Theophani K. Stamos 703-228-4410
Exec. Dir: Dennis W. Cuppy 703-228-4465 Gregory T. Hunter 703-966-7226
Asst. Exec Dir: Barbara Head 703-228-3390 Adam D. Elfenbein 703-243-9223