Good Morning,
Below is a copy of an email that I sent to the Va-Southside list that has a
couple of other emails embedded. I apologize that I don't have time tailor
the bill here, but the information I have found is below. Janet Hunter
Subj: Re: [VA-SOUTHSIDE-L] Destruction of Wills by the VA State Legislature
Date: 2/8/2003 12:39:55 AM Eastern Standard Time
From: <A HREF="mailto:janethunter703">janethunter703</A>
Debra, G. Lee and All,
I am pasting in an email I sent to the Lower-Delmarva-Roots list (you know
Accomac & Northampton..the counties Edmund Scarborough wanted to separate
from colonial VA and make his own personal fiefdom). My remarks re maybe it
being okay to torch some of the recent records was meant in jest (well, sort
of)
In the email below is another one I sent to the Library of Virginia's
Va-Roots list, with links to the official websites with information on the
bill. I have received a response back from the folks at the Library of VA
that they would be meeting on the issue on Monday.
In sum:
(a)There is a Senate bill SB 818 (see below in full glory); it provides
considerable leeway to counties to make decisions on records in my opinion,
(b) the sponsor is Thomas Norment, Jr.who represents the 3rd Virginia Senate
district (from his website) to wit: Gloucester County (All); James City
County (All); New Kent County (All); Newport News City (Part); Williamsburg
City (All); York County (Part) See:
http://sov.state.va.us/SenatorDB.nsf/be032c3005b9a5bb85256bf3006d57e2/ee741281
985e4c5385256aa00071998b?OpenDocument
(c) It passsed the Virginia Senate UNANIMOUSLY on Tuesday, February 4.
(c) It has been referred to the Virginia House, and is in the Court of
Justice Committee there, the Subcommittee on Civil Law
IBecause this bill (a) has a legitimate justification in the need of
courthouses to deal with storage issues; and (b) DID pass the Virginia Senate
unanimously, total opposition to its passage would likely be futile.
I think the goal should be to try to amend it to take into consideration the
interests of researchers now and in the future (in my humble opinion). The
bill as written does seem to give a nod to those of us today researching
early Virginia history/genealogy. My opinions are expressed below.
This issue has been raised on several lists I am on. A couple in North
Caroline (Bertie, Gates) included links to the VA legislators' websites.
Despite appearances to the contrary, I am only subscribed to a few VA lists
(smile).
I only looked at the bill, etc. this morning and am still thinking about it.
To be frank, i think we under-estimate the amount of destruction of originals
that does take place. When I was at the Benton Co AR Historical Society
(iold Peele House in the Walmart parking lot,,,Sam Walton being from
Bentonville). a couple of years ago, there were two older women climbing up
steps to the attic with boxes, an activity that I'm sure any southern
gentlemen, had there been any on the premises, would have stopped. They
fell all over themselves helping me (one from the Historical Society, another
representative of the Library). As I was to leave I looked straight back
from the door and saw two shelves filled with court books. They were early
deeds and marriage bonds primarily. I asked about them and was told that the
courthouse was about to throw them out, but they took them.
With my best regards,
Janet Hunter
Subj: Re: [LDR] Destruction of Virginia Will Documents
Date: 2/7/2003 4:12:41 PM Eastern Standard Time
From: <A HREF="mailto:janethunter703">janethunter703</A>
To: <A HREF="mailto:Laien">Laien</A>, <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
I sent the following email to the Va-Roots list administered by the Library
of Virginia. I got back a response that (a) most of the staff wasn't in
today because of snow, I guess; and (b) they were going to meet and talk
about it [Monday, February 10[..
Looking at the bill, given the lack of definition of terms (and follow the
link to historical material..doesn't cover it), counties pretty much get to
decide what they want and what they don't of the old stuff:
Actually, it sounds like they would be more likely to throw out recent things
(which would upset researchers 100 years from now), than the old stuff. On
the other hand, having second thoughts here, maybe they should throw them out
-- it's good that our grandchildren be kept in the dark about our little
mis-steps :-) Let them and their cousins argue about how many time their
infamous grandpa got arrested for assault or had his license taken away for
habitual speeding, or got tipsy and caused a sidewalk disturbance!
I know everybody is talking about destruction of wills, but it is the
chancery court cases that bother me more. Given the paucity of census
information required these days and our mobile society, chancery court
divorce cases may be an important source of info on children. The old
double-edged sword.
Best Regards, Janet Hunter
Subj: Pending VA Legislation & Record Destruction
Date: 2/7/2003 12:16:49 PM Eastern Standard Time
From: <A HREF="mailto:janethunter703">janethunter703</A>
To: <A HREF="mailto:[log in to unmask]">[log in to unmask]</A>
Fellow Virginia Researchers and LVA staff in particular:
On several Virginia and North Carolina rootsweb email lists there has been
discussion and alarm regarding Senate Bill 818, which passed the Virginia
Senate unanimously on February 4 and is now before the House. This summary
appears at this link. Since it is not a long bill I have pasted it in its
entirety at the end: http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818
"Summary as passed Senate: <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818S">(all summaries)</A>
Destruction of will files. Allows the clerk to destroy a will's file along
with the original will after 5 years have passed since probate or recordation
and allows destruction of originals of instruments which have been recorded
and remained unretrieved by the recording party after 6 months, if the
documents are no longer of any value and have been microfilmed."
There is understanding among list subscribers regarding the origin of the
bill and the problems of storage of original documents. However, there is
concern that there does not appear to be any "instructions" in the bill
(though there may be such in other official committee documents that comprise
the legiislative history) encouraging/advising county courts to offer these
documents to interested parties, such as local historical societies,
libraries, essentially anybody -- not to mention LVA -- before such records
are destroyed. I'd think counties could make alot of money simply selling
them! I know I'd certainly consider buying several if made available.
It would seem as if all of us who have visited courthouses could soon find
there would be no purpose in doing so because all of the old documents there
could be destroyed. While there is a requirement for microfilming, I
believe all of us who have viewed such films know that often it is necessary
to return to the originals to puzzle words out, view tops/bottoms cut off,
etc.
I am interested in commentary from LVA staff as to any thoughts on the bill.
Is alarm justified? Are there further moves afoot to amend the legislation
in the House? Is passage a "done deal"?
If alarm is not justified, (a) will this bill simply advance LVA's collection
of all old records, as the NC State Archives do -- does LVA see its staff
scooping up such documents before deep sixed?; (b) does this bill reflect the
needs of only a select group of counties and the rest would be expected to
maintain their old records; and/or (c) other options?
Thanks in advance for any comments.
Best Regards, Janet Hunter
http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818
<A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+sum+SB818">summary</A> | <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+SB818+pdf">pdf</A>
030795508
SENATE BILL NO. 818
Offered January 8, 2003
Prefiled January 6, 2003
A BILL to amend and reenact § 17.1-213 of the Code of Virginia, relating to
destruction of will files.
----------
Patron-- Norment
----------
Referred to Committee for Courts of Justice
----------
Be it enacted by the General Assembly of Virginia:
1. That § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213</A> of the Code of Virginia is amended and reenacted as
follows:
§ <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+17.1-213">17.1-213</A>. Disposition of papers in ended cases.
A. All case files for cases ended prior to January 1, 1913, shall be
permanently maintained in hardcopy form, either in the locality served by the
circuit court where such files originated or in The Library of Virginia in
accordance with the provisions of §§ <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-83">42.1-83</A> and <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-86">42.1-86</A>.
B. The following records for cases ending on or after January 1, 1913, may be
destroyed in their entirety at the discretion of the clerk of each circuit
court after having been retained for ten 10 years after conclusion:
1. Conditional sales contracts;
2. Concealed weapons permit applications;
3. Minister appointments;
4. Petitions for appointment of trustee;
5. Name changes;
6. Nolle prosequi cases;
7. Law and chancery matters that are voluntarily dismissed, including
nonsuits, cases that are dismissed as settled and agreed, cases that are
dismissed with or without prejudice, cases that are discontinued or dismissed
under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-335">8.01-335</A> and district court appeals dismissed under § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+16.1-113">16.1-113</A> prior
to 1988;
8. Misdemeanor and traffic cases, including those which were commenced on a
felony charge but concluded as a misdemeanor;
9. Suits to enforce a lien;
10. Garnishments;
11. Executions except for those covered in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-484">8.01-484</A>;
12. Miscellaneous oaths and qualifications, but only if the order or oath or
qualification is spread in the appropriate order book; and
13. Civil cases pertaining to declarations of habitual offender status and
full restoration of driving privileges.
C. All other records or cases ending on or after January 1, 1913, may be
destroyed in their entirety at the discretion of the clerk of each circuit
court subject to the following guidelines:
1. All civil and chancery case files to which subsection D does not pertain
may be destroyed after twenty 20 years from the court order date.
2. All criminal cases dismissed, including those not a true bill, acquittals
and not guilty verdicts, may be destroyed after ten 10 years from the court
order date.
3. All criminal case files involving a felony conviction may be destroyed (i)
after twenty 20 years from the sentencing date or (ii) when the sentence term
ends, whichever comes later.
D. Under the provisions of subsections B and C, the entire file of any case
deemed by the local clerk of court to have historical value, as defined in § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-77">
42.1-77</A>, or genealogical or sensational significance shall be retained
permanently as shall all cases in which the title to real estate is
established, conveyed or condemned by an order or decree of the court. The
final order for all cases in which the title to real estate is so affected
shall include an appropriate notification thereof to the clerk.
E. Except as provided in subsection A, the clerk of a circuit court may cause
(i) any or all ended records, papers, or documents pertaining to law,
chancery, and criminal cases which have been ended for a period of three 3
years or longer, (ii) any unexecuted search warrants and affidavits for
unexecuted search warrants, provided at least three 3 years have passed since
issued, (iii) any abstracts of judgments, and (iv) original wills and will
files, to be destroyed if such records, papers, documents, or wills no longer
have administrative, fiscal, historical, or legal value to warrant continued
retention, provided such records, papers, or documents have been microfilmed.
Such microfilm and microphotographic process and equipment shall meet state
archival microfilm standards pursuant to § <A HREF="http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+42.1-82">42.1-82</A> and such microfilm shall
be placed in conveniently accessible files and provisions made for examining
and using same. The clerk shall further provide security negative copies of
such microfilmed materials for storage in The Library of Virginia.
<A HREF="http://leg1.state.va.us/031/lis.htm">Legislative Information System</A>
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