Legal Elite - December 2023

LEGAL ELITE

Wednesday, Dec. 20, 2023

Valley Lawyers Named Best Of The Bar

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Wednesday, December 20, 2023

LEGAL ELITE

Harrisonburg, Va.

Announcing Harrisonburg’s Legal Elite As Named By Virginia Business Magazine In Partnership With The State Bar Association

By JILLIAN LYNCH Daily News-Record

“Legal Elite” is an annual honor roll of some of the best lawyers in the state by Virginia Business magazine, through its Legal Elite survey, in partnership with the Virginia State Bar Association. The Daily News-Record prints an annual listing of all the lawyers in Harrisonburg and Rockingham County who made the list. Each professional is listed with the name of their

law firm and portrait in this edition.

The honor roll is determined by polling lawyers in Virginia to nominate their peers across 21 categories of expertise. ApproxiLynch mately one-quarter of all the lawyers nominated make the annual honor roll. This is the 24th edition of Virginia Business’ “Legal Elite,” which launched in 2000,

according to its website.

The statewide honor roll includes over 1,500 lawyers. 27 of these lawyers work in Harrisonburg city law firms alone and hail from the local area.

Harrisonburg lawyers from firms Blue Ridge Legal Services, Flora Pettit, Hoover Penrod, Leitner Law Group, Litten & Sipe and Wharton Aldhizer & Weaver were named to the list in 2023.

Harrisonburg lawyers earned accolades in 17 different categories, from pro bono to intellectual property law

in the 2023 Legal Elite listing. The full Legal Elite honor roll is available online at https://www.virginiabusiness.com/ news/reports/legal-elite/.

A special thanks to Virginia Business for providing the listing of local lawyers in this publication, which is found on pages 6 and 7. The Legal Elite honor roll is made possible by Virginia Business’s Legal Elite survey. A special thanks to Richard Foster, editor and chief content officer for providing the names of local honorees and coordinating with the Daily News-Record.

Judge Credits Community, Prayer With Rebound From Cancer

By LAURA RUBY

For The Daily News-Record

WOODSTOCK — Kevin and Kathy Black are grateful for many things this Thanksgiving. Like many families throughout the Valley, they’ll gather for fellowship and a meal that might taste a little sweeter after the challenges of the last few years.

Nearly one year ago, Kevin — a judge in the 26th Circuit Court who presides in Shenandoah, Warren, Frederick, Clarke, Page, and Rockingham counties and the City of Winchester — received a stem cell transplant for treatment of leukemia.

The Woodstock couple, married for 42 years, said they are thankful for family and community support and advances in medicine, adding that they believe Kevin’s physical fitness and positive attitude were vital in seeing them through the ordeal.

After an unusual fainting spell in the summer of 2020, Kevin, who is notoriously physician-averse, went to get checked out.

“I’m a guy who never wants to go to the doctor, never wants to have anything done to me. At that time, nobody would see you,” Kevin recalled, referencing the practice of telehealth that was common at that stage of the COVID pandemic.

An initial bone marrow biopsy confirmed that Kevin had Chronic Lymphocytic Leukemia (CLL), a type of cancer of the blood and bone marrow that typically progresses more slowly than other types of leukemia.

Kathy, who has served as the Shenandoah County Commissioner of the Revenue for 24 years, recalled doctors telling them, “But don’t worry, that’s the best leukemia to have.”

Kathy took a deep dive into understanding what was happening with her husband.

“I didn’t want to know any of that,” said Kevin, a Juvenile and Domestic Relations Court judge for four years before his current appointment and a Woodstock lawyer for 31 years before that.

She started asking questions about a different type of blood cancer.

“In August, Kathy was talking about multiple myeloma and the doc had me have a PET scan and she pretty much said, ‘Nope, you’re good. You just have CLL.’ But then she had me go do another bone marrow biopsy in April and then the phone call was the one you don’t ever want to hear,” Kevin said, adding that he was referred to a multiple myeloma specialist. “Of course, I knew that was bad.”

Along with CLL, Kevin was diagnosed with multiple myeloma, a cancer that forms in a type of white blood cell

called a plasma cell. In multiple myeloma, cancerous plasma cells build up in bone marrow.

“From the first bone marrow biopsy to the second, it had exploded. It was moving really fast. It’s just lucky that we caught it so early. It’s probably an act of God that he got sick originally,” Kathy said.

Added Kevin, “Oh yeah. I’d never have gone to the doctor. I don’t know what would have convinced me. It’s really weird when you think how much I’ve avoided doctors and healthcare and all that … it’s just fortuitous that the events played the way they did. A lot of people find out they have multiple myeloma — they’ll be walking along and a leg will break. They say your bones turn into like Swiss cheese.”

An avid fitness enthusiast, Kevin lifts weights a couple of times a week and runs about 30 miles each week. He said that he had been feeling great despite his diagnosis.

“The day I took my first chemo pill, the night before I had just run up the mountain. When I go by myself I go really hard,” he said, adding that he told Kathy that he felt “like a million bucks.”

I said, ‘I cannot believe I have cancer and I cannot believe that I’m going to start taking this poison and God knows what’s going to happen to me.’ It was weird because I felt that good.”

After seeking opinions from several oncologists and cancer specialists, Kevin reluctantly came to terms with the fact that he’d had to go through a stem cell transplant.

“They kill your bone marrow with chemo. I didn’t like the sound of that.

Before they do all that, they harvest your stem cells,” Kevin said. “Understand, the idea of somebody sticking me with a needle for my whole life was the most repulsive thing. I’ve been stuck by hundreds of needles in the last two years, but anything that sounded like that was just something that I didn’t want to do.”

Kevin stayed as active as possible before the procedure, continuing his runs up a steep mountainside until his stem cells were harvested in late September 2022. After a couple of mishaps — a dog bite and a battle with respiratory syncytial virus (RSV) — the transplant finally happened Dec. 1, Kathy said.

A former ultrarunner, Kevin said the transplant was difficult on many levels — from the procedure itself which left him humbled at the weakness in his body to the forced 100-day isolation required to protect his rebuilding immune system — but grateful for advances in medicine.

See JUDGE, Page 3

LEGAL ELITE

Harrisonburg, Va.

Judge

Wednesday, December 20, 2023

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FROM PAGE 2

“Think about what they’ve done. It’s kind of amazing to think that 20 years ago they didn’t have that. The doc told me in Winchester, except for the chemo they’ve discovered in the last 20 years, which is way better than what they had, and the stem cell thing, I probably wouldn’t be here now,” Kevin said.

In the challenges of the process, the couple said they were well supported by their community.

“I’m grateful for all the support, mostly from Kathy, but also from everybody around me. That would be the number one thing I learned from all of this — you really need to have someone there who is capable of processing and advocating for you,” Kevin said, adding that the couple’s three sons and their wives were especially supportive.

Kevin added, “My colleagues, they filled in the gaps for what I couldn’t do and just all the people who prayed.

You realize you need that support. I don’t know if you take it for granted, but you just don’t realize the support you have around you until you get in that situation.”

The Blacks, who connected with another local couple who were going through the stem cell transplant process, said they are happy to talk with others about their experiences.

“It was nice to have this other couple that we could talk to and I could talk to his wife about her job as the caregiver. It helped us so we would hope that if either of us could help someone, we’d be happy to,” Kathy said, adding that her staff stepped up to cover for her and keep things running smoothly at the county office and friends were there to lend an ear or a shoulder or provide a meal.

Set to retire from her post at the end of the year, Kathy added, “I’m thankful that Kevin is such a strong person because I don’t know how to live without him. Our kids were very helpful. Even right now. Our second son is coming home from Asheville for the week. He was supposed to come yesterday, but he’d had the flu and they wanted to make sure that his wife didn’t have it before they came.

The thoughtfulness and caring that everyone has shown — we’re blessed to live in a community like this where people are more than willing to help you.”

Kevin said that he was especially

Rich Cooley / For The DN-R

Judge Kevin Black and his wife Kathy walk near their Woodstock home. Kevin Black has spent the last year battling two blood cancers but is now feeling better and back to work. grateful for his longtime friend, Roy Marshall, who emphasized the importance of staying positive.

“We had some talks and that’s where I got his wisdom about how so many people were so gloomy [during cancer treatment]. I made my mind up that I didn’t want to be that person,” Kevin said, adding that Roy helped introduce him to ultrarunning, a sport he enjoyed for several years in his 40s.

Noting that he’d always been interested in staying healthy, Kevin said that he met Roy when he returned to the area after law school.

“My whole lifestyle all along lent itself to somebody who could weather all this stuff,” he said. “There’s no cure. Someday, most likely, this’ll come back and I’ll have battle two.

Hopefully, going out and running and staying in shape will help me go through the next battle. The sermon I would preach to people is you need to get yourself in as good a shape as you can because when round two comes, you want to have something to fight it with.”

That being said, Kevin added, “I’m not doing what I”m doing to get ready for round two. That’s a collateral benefit. I’m just trying to live my life.”

Stephen T. Heitz 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer”

Melisa G. Michelsen 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer”

Jason J. Ham 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer”

Jason A. Botkins Jordan K. Bowman 2023 Virginia’s “Legal Elite” 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer” 2023 Virginia “Super Lawyer”

410 Neff Avenue Harrisonburg, VA 22801 www.littensipe.com

Brooke Hannah-Mascola 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer Rising Star”

Daniel P. Rose 2023 Virginia’s “Legal Elite” 2023 Virginia “Super Lawyer Rising Star”

Litten & Sipe recognizes its attorneys for their 2023 selection as Virginia’s “Legal Elite,” and “Super Lawyer”.

Virginia’s “Legal Elite” is published by Virginia Business Magazine with the assistance of the Virginia Bar Association. Virginia “Super Lawyers” is published by Virginia Super Lawyers Magazine.

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Wednesday, December 20, 2023

LEGAL ELITE

Harrisonburg, Va.

New Telephone Scam Involves Jury Duty

By ANGELA F. DURKIN For The Daily News-Record

MARTINSBURG —Last week, the Berkeley County Circuit Clerk’s Office warned residents of a jury duty telephone scam that has recently resurfaced in the area.

In a release, Circuit Clerk Michelle Schoppert advised residents to ignore any phone calls which threaten arrest for missing jury duty. She said this is a recurring scam that continues to surface from time to time in the community.

In an interview, Schoppert said residents reported the calls occurred within an hour. She said this was more concerting than previous reports because they happened in rapid succession.

Schoppert said one resident told authorities the call had a local telephone number that was displayed through Caller ID. She said this was not uncommon, as scammers often use “ghost” telephone numbers to shield the actual source of illicit phone calls.

Schoppert said she issued the release to help raise awareness about the jury duty scam so they would not fall victim to telephone scammers.

“One instance, they asked a person to go to Food Lion to purchase a money order, and then they would walk them through what they needed to do,” she said.

“Another instance was they actually left a message with the Sheriff’s Department’s phone number and an extension for them to call. Again, that would not happen. One person was called three times regarding this. It’s just anyone they can reach out to.”

The process of being selected for jury duty begins with a monthly selection process which electronically draws approximately 600 names per month. If a perMetro Creative Services son’s name is drawn, the office mails out questionnaires to determine if a person The Berkeley County Circuit Clerk’s Office recently warned residents of a jury duty telephone scam that has resurfaced in the area. is qualified to serve as a juror. If a trial comes up, those potential jurors are then a “robo-call” to let a person know that they money over the phone. Just as there is up to whatever address that we have to entered into another random electronic need to report for jury duty the following a process for jury duty selection, there is notify them that they have missed jury morning, according to Schoppert. These a process for when a person misses jury duty. Now, they are not required to pay a selection process.

The residents who were contacted re- alerts are issued within a few minutes duty. fine at that time. It’s up to the individual “If they have missed jury duty — they judge to schedule a time for that juror who cently through the scam attempt were time. She stated that when an alert is not in the current jury pool for possible sent to a juror, she also received an alert have not shown up for jury duty and they missed jury duty to report to them and stating what information was sent and have been notified of jury duty — it de- then they discuss what the penalty is.” jury service. pends on the judge on how they handle Any person whose name is drawn is what time the alert was issued.

Residents are asked to ignore the calls Schoppert said the Circuit Clerk’s Of- this,” she said. “They can be fined up to and report them to the Berkeley County entered into an electronic system which will send the resident a text message and fice encourages residents to never give $1,000 and a sheriff does personally show Sheriff’s Department at 304-267-7000.

LEGAL ELITE

Harrisonburg, Va.

Wednesday, December 20, 2023

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Jennifer McDonald’s Defense Team Seeks New Trial

By ALEX BRIDGES

For The Daily News-Record

Attorneys for Jennifer McDonald, recently convicted of stealing millions of dollars from the Front Royal-Warren County Economic Development Authority, seek a new trial.

A jury found McDonald, the EDA’s former executive director, guilty on Nov. 1 in U.S. District Court for the Western District of Virginia of 34 federal charges of money laundering, bank- and wire fraud and aggravated identity theft. The jury reached its verdict after a weeks-long, oft-delayed trial that started Aug. 21.

U.S. Judge Elizabeth K. Dillon, who presided over the trial, scheduled McDonald’s sentencing hearing for Feb. 12.

Assistant U.S. attorneys Andrea Broach, Rachel Swartz and Sean Welsh represent the federal government. Assistant federal public defenders Andrea Harris and Abigail Thi-

beault represent McDonald.

The federal government obtained an indictment against McDonald on Aug. 25, 2021, charging her with seven counts of wire fraud, 10 counts of bank fraud, 16 counts of money laundering and one count of aggravated identity theft. Federal authorities accused McDonald of committing the crimes from 2014-2018 while she worked for the EDA. McDonald resigned in December 2018 under pressure from the EDA board of directors amid a state investigation into the authority’s finances. Authorities accused McDonald of taking approximately $5.4 million from the EDA. McDonald’s defense team filed renewed motions on Tuesday requesting acquittal on charges of aggravated identity theft and four counts of bank fraud. The defense also renewed its motion seeking a new trial. McDonald’s attorneys had made the same motions at trial. Dillon denied both motions. The judge may set aside a

jury verdict and acquit a defendant of his or her charges.

The defense argues in its motion for a new trial that “the Court erred in excluding useful, probative evidence essential to Ms. McDonald’s defense.” Specifically, the court erred by excluding a witness’ grand jury testimony about a “secret” agreement between McDonald and the EDA to settle a sexual harassment claim against certain local government officials. McDonald’s defense hinged on the agreement, which she claims granted her the authority to use EDA money and that transactions would be recorded in such a way as to not reveal the existence of the deal. The prosecution has argued that such an agreement never existed.

The defense also argues in seeking a new trial that the court erred when the judge, after parties made their closing arguments, instructed the jury “that the government is not required to present all possible evi-

dence related to the case or to produce all possible witnesses who might have some knowledge of the facts of the case. The court gave the jury instructions prior to sides giving closing arguments. The government attorneys did not request this instruction.

“The Court announced its decision to add this instruction after Ms. McDonald’s closing argument during which counsel commented on the government’s failure to call a number of witnesses who were uniquely in government’s power to call and who likely had information relevant to the issues in question in the case,” the motion states, in reference to excluding the testimony on the purported agreement.

The defense argues in the separate motion for acquittal of specific charges that the government failed to produce sufficient evidence that McDonald committed aggravated identity theft or the four counts of bank fraud.

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Charles F. Hilton

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Wednesday, December 20, 2023

LEGAL ELITE

Harrisonburg, Va.

An Elite Group Virginia Business Magazine named 27 laywers from Harrisonburg, Rockingham and the surrounding area Legal Elites Derek J. Brostek

Lucas I. Pangle

Jeffrey R. Adams

Charles F. Hilton

Wharton Aldhizer & Weaver Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Administrative/ Government/ Legislative

Appellate Law

Business Law

Civil Litigation

Jason J. Ham

Hannah White Hutman

Stephen T. Heitz

Alexandra E. Humphreys

Litten & Sipe Harrisonburg Administrative/ Government/ Legislative

Hoover Penrod Harrisonburg

Litten & Sipe Harrisonburg Business Law

Bankruptcy/ Creditors’ Rights

Wharton Aldhizer & Weaver Harrisonburg Civil Litigation

P. Marshall Yoder

Stephan W. Milo

Jason A. Botkins

Wharton Aldhizer & Weaver Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Litten & Sipe Harrisonburg

Alternative Dispute Resolution

Bankruptcy/ Creditors’ Rights

Civil Litigation

See the rest of the area’s Legal Elites on Page 7

LEGAL ELITE

Harrisonburg, Va.

Wednesday, December 20, 2023

7

Lauren R. Darden

John E. Whitfield

Donald E. Showalter

Wharton Aldhizer & Weaver Harrisonburg

Blue Ridge Legal Services Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Intellectual Property Law

Legal Services/ Pro Bono

Taxes/Estates/ Trusts

Melisa G. Michelsen

Jordan K. Bowman

Emily Gindhart

Litten & Sipe Harrisonburg

Litten & Sipe Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Labor/ Employment Law

Real Estate/ Land Use

Young Lawyer

Briana A. Stevens

Thomas E. Ullrich

Brooke R. Hannah

Daniel P. Rose

Wharton Aldhizer & Weaver Harrisonburg

Wharton Aldhizer & Weaver Harrisonburg

Litten & Sipe Harrisonburg

Litten & Sipe Harrisonburg

Family Law/ Domestic Relations

Labor/ Employment Law

Real Estate/ Land Use

Glenn M. Hodge

Cathleen P. Welsh

Wharton Aldhizer & Weaver Harrisonburg

Flora Pettit Harrisonburg

Jennifer Erdman Shirkey

Humes J. Franklin III Wharton Aldhizer & Weaver Harrisonburg Criminal Law

Cathy Jackson Leitner Leitner Law Group Harrisonburg Elder Law

Health Law

Labor/ Employment Law

Young Lawyer

Flora Pettit Harrisonburg Taxes/Estates/ Trusts

Gregory T. St. Ours Wharton Aldhizer & Weaver Harrisonburg Construction Law

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Wednesday, December 20, 2023

LEGAL ELITE

Harrisonburg, Va.

I am honored to have been chosen for inclusion in both the Virginia 2023 Legal Elite and the

2023 Virginia Super Lawyers® list.

Being recognized for doing work I love so much is one of the greatest compliments I could receive.

Cathy Jackson Leitner Owner/Founding Attorney

www.leitnerlaw.com