18 Comments

Mr. Marcus being an attorney is what helped him. Those of us who don't know the ins and outs of the law would not have known what he knows. Good job Mr. Marcus. Thanks for not giving up against Phelps and Gillespie. They need to be held accountable.

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This is very concerning that some public officials, voted in and paid for by the county citizens,believe they can ignore FOIA requests. Not to mention a local judge who was not up to date on the interpretation of said law. Hopefully this was not a case of cowing down to a powerful legal group. Wake up people. Let truth and honesty prevail!

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Judge Jane Reynolds of the Spotsylvania General District Court clearly erred in her ruling in the Freedom of Information Act case that formal service of process under Title 8.01 of the Virginia Code was required for the Court to address the merits of the failure of the Spotsylvania School Board and others to respond to legitimate requests made under the FOIA. The legislative history of the FOIA law and the clear and plain meaning of the relevant statutes make plain that Theodore Marcus properly provided notice as required of the statute of both his petition and the hearing that occurred on October 15. By her actions, Judge Reynolds has denied a citizen of his/her right to be heard expeditiously on this matter thwarting the very intent of the FOIA. As citizens, we should expect and receive prompt and comprehensive responses to FOIA requests — not obstructionist tactics which thwart the will of the General Assembly. Counsel for the school division and the named defendants should promptly advise Judge Reynolds of the error in their arguments and Judge Reynolds should promptly consider the merits of the FOIA request ordering the defendants to respond fully to the request so that Mr. Marcus and the public has full access to all governmental records. After all, the government exists to serve the people, not to set themselves over against the people.

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Additionally, the fact that attorneys from McGuire Woods appeared before the Court on October 15 to advance clearly erroneous and obstructionist arguments demonstrates that the defendants knew about the proceeding and could have responded to the merits. As a taxpayer, I object to my tax dollars being used to perpetuate a system that opposes the citizens it is charged with serving.

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It’s deeply troubling to see a judge, who is supposed to uphold the law and ensure justice, potentially involved in hurting our citizens. Accountability is crucial for those in power and for the sake of our community. I thought this "new" board was supposed to be better but they have shown that they are just as rotten as those they fired. Shame on all of them!

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We must get our Justice system in check. As citizens, we should be able to TRUST our system to take care of us and protect us. Mr. Marcus taking all of this on his own is hard to see. He is stronger than all of us combined. Props to you Mr. Marcus!

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Wow… this whole story is so heartbreaking for more people than you would expect. For Mr.Marcus and his family, for our children, and for our county. If you can’t see the blatant corruption that we are facing, it’s time you really start reading up. If you saw the same things I’m seeing, you would be outraged as well.

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Corruption in this county is rampant and it impacts all of us, whether we choose to acknowledge it or not. This can’t be a Sisyphus moment for Mr. Marcus who is fighting so hard to help our families.

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As a parent of a child in this school system and a previous staff member, this is deeply concerning. I hope the efforts by Mr. Marcus will result in the transparency and accountability we deserve as tax payers and residents. Definitely keeping and eye on this.

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I respect and appreciate Theo Marcus' tenacity in the pursuit of truth. This saga has gone on for 10 months. The blatant disregard for the law by those who won't comply with FOIA requests, stonewalling by the school board who could produce what the public is entitled to see, and now the legal system itself obstructing - it's all shocking and certainly suspect. I'm grateful that Theo hasn't given up and is demanding the transparency that we as citizens are entitled.

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Thank you -- in addition to seeking reversal of the court's improper ruling, I have taken several additional steps to rectify this growing set of awful problems weighing on our citizenry: (i) filed a complaint about the judge with Judicial Council; (ii) asked the Supreme Court of Virginia (which publishes the District Court Benchbook, essentially) to investigate the origins of the derelict statement about "service of process" in mandamus cases; and (iii) initiated a Part Eleven public records request (the courts are exempt from FOIA -- separation of powers, most likely) at the Supreme Court of Virginia for records showing how that statement got into the benchbook, who lobbied for it or advised on it, especially from the private sector (McGuire Woods?, Sands and Anderson?, etc.), and what role Judge Jane Reynolds may have played in getting that statement in the benchbook (i.e., what did she know and when did she know it?). All of these tasks have now fallen to me because of my original effort to try to keep our Swim Program up and running. It has been destroyed. Transparency has been thwarted. Accountability has been evaded. And the reform we all need for our families and the kids in the pipeline remains nothing more than an aspiration. We all like to say "elections have consequences." No, they don't, not when it comes to institutional rot sustained (if that's the word) by $450 million or so of our taxes.

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FOIA is a fundamental tool for transparency in our democracy. Access to public information should be facilitated liberally and vigilantly enforced by the judicial branch, including fairly interpreting service of process rules, imposing only common sense due process notice requirements, and minimal unnecessary obstacles to FOIA petitions for timely judicial redress of improperly-denied requests for public release of public information by public officials.

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Theo Marcus was and is the best coach ever! He has done so much for all the athletes he has worked with over the years. Just because of "one bad apple," he has fought hard for the good of the cause for almost a year now to really get nowhere. It takes people with his strength to continue to stand up and not be defeated when the people who are supposed to do right, do nothing.

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I stand with Theo Marcus, a trusted friend and neighbor for more than a decade and among the finest men I've ever known. He deserves justice in this case and has been treated shabbily. The court ruling is shameful. We must do better.

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I like to give the benefit of the doubt, typically, to judges -- but we're seeing in our time a host of corruption in our judiciary. I don't like, especially in small towns where the legal community is "tight knit," a judge opining on the meaning of state procedures with which she appears to have some outside interest. Importantly here, the procedures at issue are written specifically for the benefit of the public in challenging their government and ensuring transparency. Do better Spotsylvania.

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It is disheartening when the public is blocked for seeking its own justice. SCPS has spent so much tax payer money on lawyers since January with no explanation to the public about what the money is being spent on. Money that should be used to help retain teachers and coaches in the county who can help the children. The Court aiding the the county's secrecy is even worse. So thankful that Mr Marcus is challenging them. We need more citizens who care and will step up to seek Justice

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SCPS didn’t just start spending money on attorneys. It started when Twigg and company fired Dr. Baker and

the Twigg/Phelps majority started breaking the law at every turn. Most of they money being spent now is to clean up the mess Twigg and Phelps made. Thank goodness for insurance.

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I agree this is a continuation and clean up of the mess when Twigg was on the board. Phelps thinks she is above FIOA. More people need to speak up. I have read your comments Ms Shelley and seen what Mr Marcus is doing. More people need to start putting their voices behind this to may be try and create some accountability and transparency. The board was elected by the people so the people need to speak if they feel the board is not doing right.

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