Freeman Unfit for Bench?
Since Isaac St.C. Freeman was elevated by the General Assembly in 2005 to Circuit Court judge in Smyth County and the 28th Judicial Circuit there have been many rumors about his demeanor in office.
Today the Bristol Herald-Courier has a story on his apparent legislating from the bench antics in denying concealed handgun permits to at least two honorably discharged veterans and others in Smyth County. The Code of Virginia says that in order to qualify for a concealed handgun permit you must demonstrate competency and being honorably discharged is listed as a qualifier. Freeman’s antics prompted Delegate Joe Johnson to introduce HB873 this past session, which passed, that further expands the Code of Virginia section on the permits to say that proof of competency once established never expires. Both the Sheriff and Commonwealth’s Attorney of Smyth County had greenlighted the applications that Freeman has denied.
The Virginia Court of Appeals actually overturned Freeman’s decision in one case and ordered the permit be granted. However, later in another case Freeman denied another permit following that decision.
All the legislators who represent Smyth County have great concerns about these problems. As mentioned in the article, Senator Phillipp Puckett went as far as to file an official complaint on Freeman with the Chief Justice of Virginia. When Freeman’s term is up in 2013, it doesn’t look like he will have to worry about being re-elected to office by the General Assembly.
Judge Freeman should not be legislating from the bench and should not be imposing undue burdens on these applicants. The Code of Virginia is very clear on the subject and a judge cannot impose additional requirements not listed in the Code. If he doesn’t think he can carry out the duties of circuit court judge, he should resign immediately.