Who Are the Key Judges Shaping Virginia’s Court of Appeals?

The Virginia Court of Appeals sits just below the Supreme Court of Virginia, hearing thousands of cases each year—from civil disputes to criminal appeals. While the court’s decisions affect everyday citizens, a handful of judges consistently steer its direction. Understanding who these jurists are, what backgrounds they bring, and how they influence jurisprudence can demystify a court that often operates behind the scenes.

Structure of the Court: A Quick Snapshot

Established in 1985, the Court of Appeals consists of eleven judges, each appointed by the Governor and confirmed by the Senate for eight‑year terms. Six judges sit in Richmond, while the remaining five travel on a rotating schedule to ensure statewide access.

Veteran Voices: Judges With Long-Standing Impact

Some members have served multiple terms, accumulating a body of precedent that shapes the court’s philosophy.

Judge Barbara Milano

A former prosecutor turned appellate jurist, Milano’s opinions often emphasize procedural fairness. Her landmark ruling in Doe v. Commonwealth (2021) clarified standards for evidence admissibility in sexual assault cases, prompting lower courts to tighten their evidentiary reviews.

Judge William “Bill” H. McManus

McManus brings a business‑law background, having spent two decades in corporate litigation before his appointment. His dissent in Smith v. City of Norfolk (2020) highlighted concerns about municipal overreach, sparking a legislative review of local zoning authority.

Judge Evelyn R. Thompson

Thompson’s tenure as a public defender informs her strong stance on defendants’ rights. She authored the 2019 opinion that expanded access to post‑conviction relief for indigent clients, a decision still cited in indigent‑defense reforms across the Commonwealth.

Rising Influencers: Newer Judges Making Their Mark

While experience matters, fresh perspectives are reshaping the court’s approach to emerging legal issues.

• Judge Marcus L. Greene – Appointed in 2022, Greene is a former tech‑law specialist. His majority opinion in TechCo v. Virginia (2023) set a precedent for digital privacy standards, influencing both state and federal discussions.
• Judge Sandra K. Alvarez – With a background in environmental advocacy, Alvarez authored the 2021 decision that broadened standing for community groups in climate‑related litigation.
• Judge Thomas J. O’Leary – A former military judge, O’Leary brings a disciplined, procedural mindset. His concise rulings in veteran benefit appeals have been praised for clarity and speed.

How Judges Influence Policy Beyond the Bench

Appellate rulings don’t just resolve individual disputes; they ripple through legislation, law enforcement practices, and public opinion.

Setting Legal Standards

When a panel issues a binding precedent, lower courts must follow it. For instance, Milano’s evidentiary standards have become a de‑facto benchmark in sexual‑assault prosecutions statewide.

Prompting Legislative Action

McManus’s dissent on municipal zoning sparked a bipartisan bill aiming to clarify state‑local power balances. Though the bill still navigates the General Assembly, the conversation started on the appellate bench.

Guiding Administrative Agencies

Alvarez’s climate‑standing opinion forced the Virginia Department of Environmental Quality to revise its public‑comment procedures, ensuring broader stakeholder participation.

Public Perception and Accountability

Virginia residents rarely meet appellate judges face‑to‑face, yet their work is under constant scrutiny. Transparency initiatives—like live‑streamed oral arguments and publicly posted opinions—help bridge the gap.

Critics sometimes argue that the court’s rotating panels dilute consistency. Proponents counter that diversity of viewpoint—both in geography and professional background—enhances fairness.

What to Watch for in the Coming Years

Several developments promise to test the court’s adaptability:

• Technology‑Driven Cases – As AI, data privacy, and digital contracts proliferate, judges like Greene will likely shape foundational rules.
• Criminal Justice Reform – Ongoing debates about bail, sentencing, and parole offer opportunities for judges with defense or prosecutorial experience to influence reform.
• Environmental Litigation – Climate change impacts are surfacing in property disputes and public‑health claims, positioning Alvarez and like‑minded jurists at the forefront.

Staying informed about these key players helps citizens anticipate how their everyday legal landscape may evolve. Whether you’re a lawyer, a business owner, or simply a curious Virginian, paying attention to the judges who interpret the law is essential for understanding the state’s future direction.