Richmond Circuit Court’s former chief judge acted inappropriately toward two female attorneys who tried cases before him, a state commission that investigates judicial misconduct concluded.
W. Reilly Marchant, who retired from the bench in June, admitted it was improper to seek personal relationships with the attorneys — but denied claims that he tried to kiss one, according to a Sept. 25 agreement he signed with the Virginia Judicial Inquiry and Review Commission.
Under the deal, first reported by The Richmonder, Marchant agreed he wouldn’t accept any future judicial appointments and would not be included on a list of judges who can be temporarily recalled to the bench. JIRC ended its inquiry after the agreement with Marchant.
In a statement to VPM News, an attorney for Marchant stressed that no charges were filed.
But Marchant broke two judicial rules, JIRC concluded after an informal hearing in September: one requiring that judges act in a way “to ensure the greatest public confidence” in their impartiality and integrity; and another requiring they refrain from any conduct “that could reasonably be perceived as sexual harassment.”
During the informal JIRC conference, Marchant gave sworn testimony acknowledging “that his effort to obtain a social relationship with these individuals as a sitting judge who presided over their cases was improper.”
“In addition, Judge Marchant specifically acknowledged that it was inappropriate to offer to serve as a ‘sounding board’ to witness #1 in her preparation for litigation before another judge in a different judicial circuit,” the agreement reads.
The document includes Marchant's acknowledgement of "an unbalanced power dynamic between himself as a judge and these individuals who appeared before him.”
Among other issues, the retired judge denied having romantic intentions toward the attorneys, soliciting hugs from them, making improper comments about how they dressed and intentionally making either of the attorneys uncomfortable.
Marchant “expressly denied” trying to kiss one of the attorneys — while admitting he put his arm around the individual.
“While unable to account for the perception of witness #2 that he had attempted to kiss her, he acknowledged the possibility that her belief in this regard was sincerely held,” the agreement said.
In a statement provided by one of his attorneys, Marchant said he did his best as a Richmond judge for more than nine years and thinks “most people who kept up with it would say I did a pretty good job.”
“If I got too close, platonically, to a couple of attorneys with whom I tried many difficult cases over a 9-year period, then that’s on me,” Marchant said. “Further, if I ever unknowingly and unintentionally did or said anything to make them feel uncomfortable, then I apologize to them. But never were any of my judicial decisions compromised or partial in any way, nor has or could anyone credibly say otherwise.”
Marchant, who was appointed to the city’s circuit court by the General Assembly in 2015, oversaw several notable cases during his time in Richmond. Among those were the Huguenot High School graduation shooting, the city’s second casino referendum and the dispute over removing Richmond’s Robert E. Lee statue.
Marchant’s attorney, David Lacy, added that his client's retirement had nothing to do with the allegations.
In an email to VPM News, Lacy wrote that the decision was announced “several months” before Marchant became aware of the informal JIRC hearing “and before some of the alleged incidents are alleged to have even occurred.”
Editor’s note: VPM News and Staff Reporter Ben Paviour filed suit in January 2023 in Richmond City Circuit Court against the Virginia Department of Education. Both were represented by the Reporters Committee for Freedom of the Press. Read more about the case.
