OUR VIEW: ‘Activist Judge’

Look out Judge Thomas O. Jones. The Democrats and Republicans, the ones who in the spirit of bipartisanship voted for “civil remedial fees” aimed at bad Virginia drivers, are bound to head off on an “activist judge” witch hunt soon.
Jones became the second judge in the state to rule that the driver fees, which apply only to Virginia residents, are unconstitutional because they apply only to Virginia residents. The Richmond General District Court judge went so far as to say that “it’s an absolute no-brainer.”
He, like Judge Archer L. Yeatts III of Henrico County General District Court, said the fees violate the equal protection clause of the 14th Amendment. Yeatts’ ruling has been appealed and is scheduled to head to Circuit Court on Wednesday. Depending on the ruling then, the case could proceed onto the Court of Appeals and finally the state Supreme Court or bounce back to General District.
In the end, though, the issue likely will come back to the people who started it – the lawmakers in General Assembly. And though the abuse driving fees law found broad support when it went through the first time, many legislators have since spent their time bailing out, sometimes in the most inexplicable of ways. One, in an interview on Roanoke’s News Channel 10, went so far as to say he voted for it but only because he didn’t know what he was voting for.
The fees were passed as a way to generate revenue “from drivers whose proven dangerous driving behavior places significant financial burdens on the commonwealth.”
Supporters of the abuser fees argue that a small portion of drivers cause much of the road damage, congestion and delays. The problem, both with the logic and with the constitutionality, is that the law addressed only Virginia drivers. Surely bad West Virginia, Kentucky, Tennessee, North Carolina and Maryland drivers traveling our highways every day are part of the road damage, congestion and delays.
Tractor-trailers certainly are. Still part of the money made from “bad” drivers – which when you think of it in terms of what’s good for the state coffers suddenly become “good” drivers – will be used to build truck climbing lanes along Interstate 81. If truck climbing lanes are needed, the General Assembly should have the courage to collect the necessary funding from trucking companies.
Some of our lawmakers are intent on defending their decisions, saying bad drivers are the only ones with need to worry. Well said, but if this case progresses and the state’s top court agrees with Jones, only bad legislators need worry.