As Republicans tout Parole Board report, some Democrats see ‘a whole lot of nothing’

House Speaker Todd Gilbert, R-Shenandoah, looks out over the chamber from the dais. (Ned Oliver/Virginia Mercury)

The top Republican in the Virginia House of Delegates said Thursday that the GOP is considering “every possibility” in response to a new investigative report alleging systemic violations of law and state policy at the Virginia Parole Board under the watch of a former leader who’s now a sitting judge.

But House Speaker Todd Gilbert, R-Shenandoah, said the decision on whether the General Assembly should remove Virginia Beach Judge Adrianne Bennett from the bench will rest largely with the Democrat-controlled state Senate.

“We intend to ask them if they are as shocked by the findings as we are,” Gilbert told reporters Thursday on the House floor. “I know the Democratic leadership told us how silly the whole thing was then. I think the report reveals a number of things to the contrary.”

While announcing the release of a 69-page report outlining a series of missteps at the Parole Board in 2020, Republican Attorney General Jason Miyares on Wednesday raised the possibility of impeachment proceedings against Bennett, a judge with the Virginia Beach Juvenile and Domestic Relations Court.

In Bennett’s final weeks as chair of the Parole Board in early 2020, according to the attorney general’s report, the board she led repeatedly failed to properly notify victims and prosecutors of pending decisions to release violent offenders. The report alleges Bennett went as far as falsifying records and declaring some inmates eligible for parole even though courts had said they were not.

Miyares said his office concluded Bennett could have been charged with criminal offenses over the allegedly altered paperwork and overriding of court decisions. But because his investigation didn’t begin until 2022, after he and Gov. Glenn Youngkin took office, Miyares said the one-year statute of limitations for misdemeanor offenses had expired.

The General Assembly appoints all state and local judges, but the legislature almost never removes a judge over misconduct allegations. Gilbert said he believes judicial impeachment proceedings would begin in the House and then go to the Senate, but he acknowledged such a process would be fairly uncharted territory.

“We don’t have any modern precedent for it in Virginia,” Gilbert said.

Democratic General Assembly leaders had not formally weighed in on the report as of midday Thursday, nearly 24 hours after Miyares released it. In interviews, several Democratic senators said they had not yet read it and could not comment on its substance.

Sen. Chap Petersen, D-Fairfax, said he was skeptical of any suggestion a judge could be removed over conduct that occurred before they were serving on the bench. He also raised doubts about whether the misconduct of which Miyares is accusing Bennett without charging her should rise to the level of impeachment.

“To paraphrase Allen Iverson, we’re talking about a misdemeanor. Not a felony. A misdemeanor,” Petersen said, stressing that he was not up to speed on everything laid out in the report.

Sen. John Bell, D-Loudoun, whose call for a bipartisan legislative investigation into the Parole Board affair was not acted upon in 2021, said he was concerned by what he’s heard. But he, too, said he would need to read the report before commenting further.

“I really wish it had been done in a clearly nonpartisan way,” Bell said. “I think it would be more credible.”

Other Democrats seemed to have already concluded the report isn’t the bombshell the Republicans are portraying it as.

“All politics,” said House Minority Leader Don Scott, D-Portsmouth.

Sen. Scott Surovell, D-Fairfax, said it appears to him the headline should be “The Parole Board granted parole.” He said Miyares seems to be trying to “play racial politics with a basic government function.”

“I know that my conservative friends don’t like it when the Parole Board does its job,” said Surovell, who acknowledged he had not read the report. “And they continue to try to demonize the board for doing what we’ve charged it to do under the code.”

Surovell noted that the time period in question was the very beginning of the COVID-19 pandemic when the state was trying to protect elderly inmates who were most at risk of dying from a new disease few understood.

However, former Public Safety and Homeland Security Secretary Brian Moran — whose duties included overseeing the Parole Board during Gov. Ralph Northam’s administration — told the attorney general’s office the board wasn’t given any special authority to release offenders because of the pandemic.

Instead, according to the report, Moran felt that authority should have rested with the Virginia Department of Corrections. At the time, the state prison agency had a more public and detailed plan for which offenders would be eligible for early release, emphasizing nonviolent offenders with less than a year left on their sentences.

“We weren’t going to do it randomly,” Moran is quoted as saying in the report. “I mean, that was insane.”

The General Assembly approved budget language dealing with the early release of prisoners during COVID-19. That language specifically excluded prisoners convicted of serious felonies like murder and rape from the emergency COVID-19 accommodations. The Northam administration also asked the Parole Board to expedite pending cases. Still, state watchdog reports stressed nothing about the COVID-19 emergency allowed the Parole Board to sidestep its own policies or state law.

On Thursday, Del. Marcus Simon, D-Fairfax, called the report “a whole lot of nothing.”

“This idea that there’s probably a lot of criminal stuff that’s gone on, but we can’t charge any of it because the statute of limitations ran out? It’s a political tool. It’s more political theater,” Simon said. “I don’t think there’s any real there.”

Senate Republicans have called for Bennett to step down on her own accord rather than forcing the legislature to consider removing her. She has given no indication she plans to do so, and a lawyer representing her released a statement saying the report was an attempt to “vilify” a “dedicated public servant.”

Sen. Mark Obenshain, R-Rockingham, said the Miyares report offered a much more thorough look at the Parole Board’s problems than any of the various reports made public under Democratic leadership.

“It’s a well-documented investigation,” he said.

by Graham Moomaw, Virginia Mercury

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