Prosecutor, judge remove themselves from case
A special prosecutor has been appointed to try the cases of James William “Bill” Fletcher III, who is charged with speeding and driving while intoxicated, after Commonwealth’s Attorney Art Goff recused himself due to a conflict of interest. One judge also has recused herself, and, based on comments made during Fletcher’s arraignment Tuesday, many others are likely to follow suit.
“There are a couple of wildcards within these cases,” said General District Court Judge Ian R. D. Williams from the bench as he looked over the paperwork.
Fletcher, 71, a longtime Rappahannock resident and attorney himself, was not present in the courtroom. He was represented by Whitson Robinson of Warrenton.
Fletcher has been charged with speeding at 78 mph in a 55 mph zone, and DWI after being arrested at a Blue Rock polo match on June 7 in front of about 100 onlookers. In an interview with the Rappahannock News, Fletcher said he was returning home from visiting Art Goff at his Amissville home.
In a letter filed in the Rappahannock County Circuit Court dated June 13, Goff requested to be removed from Fletcher’s case.
“Mr. Fletcher is a longtime friend, and I understand that he has made statements that may render me a witness,” Goff wrote in the letter. “There is no alternative for me other than to recuse myself completely from the case.”
The Rappahannock Circuit Court accepted his recusal, citing that it would be “improper” for Goff to act on behalf of the commonwealth in the case. A special prosecutor, Edwin Consolvo from Greene County, has agreed to try the case.
Williams told Robinson that Judge Jessica H. Foster, presiding judge of the district, has recused herself from the case. Because all of the district judges work closely with Goff, regularly hearing cases, Williams said “in all likelihood, all of them will [recuse].”
When all judges in a district recuse themselves, a request must be filed with the Virginia Supreme Court to appoint a judge who is able to preside over the case. The Rappahannock court has not yet filed such a request, but if submitted, the appointed judge could be sent from anywhere in Virginia.
Fletcher’s trial date was set for Sept. 3 at 9:30 a.m. to allow time for a new judge to be found, if needed, and to give the special prosecutor time to prepare.
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