Virginia is one step away from expanding access to justice but the Governor’s amendments would take us backward.
This year, the General Assembly passed bipartisan legislation to:
• Allow Virginians to bring phones into courthouses with reasonable restrictions (SB 83 / HB 872)
• Finally allow meaningful class action lawsuits in Virginia (SB 229 / HB 449)
Now, the Governor has proposed amendments that would weaken these important reforms.
We need you to act now. Contact your Delegate and Senator and urge them to REJECT the Governor’s amendments.
Why Phones in Court Matter
Imagine you are sued for eviction after refusing to pay rent because your apartment is infested with rats. You are not a lawyer. You cannot afford one. But you have photos of the rats on your phone. You take the bus to court. At security, you are told you cannot bring your phone inside. This courthouse has no lockers.
Your choices are:
• Keep your phone and miss court—risking a default judgment and losing your housing
• Hide your phone outside and risk it being stolen
• Go into court without your evidence
For too many Virginians, this is reality.
While attorneys in Virginia courts have long been able to rely on their smartphones to communicate, stay organized, and present evidence, many self-represented litigants are forced to leave their phones in lockers, in vehicles, or even in the bushes outside.
If their hearing is delayed, they may be unable to contact:
• Their employer
• A babysitter
• Family members
• Transportation to get home
That is not equal justice.
The Fix Was Finally Passed
Eight years ago, the Supreme Court of Virginia issued a model policy encouraging courts to allow electronic devices. Only a handful of courts followed it.
Now, the General Assembly has passed HB 872 / SB 83, requiring courts to create policies allowing phones and devices with reasonable restrictions for:
• Safety
• Privacy
• Courtroom decorum
Some Virginia courts already allow devices successfully. We know it can be done. But the Governor’s amendments would delay or even kill the bill outright.
Why Class Actions Matter
Virginia is one of only two states that does not meaningfully allow class actions. That means when a company harms thousands of people in small amounts:
• No one can afford to bring a case
• Harm goes unchallenged
• Laws go unenforced
Class actions allow people to combine claims and hold powerful corporations accountable.
The Governor’s amendments to SB 229 / HB 449 would add so many restrictions that class actions would exist in name only.
Virginians deserve meaningful access to the courts — Take Action Now
The General Assembly will reconvene on April 22 to vote on the Governor’s amendments. Please send your email by April 21.