It’s been more than two years since the federal courthouse in Danville hosted a criminal trial involving defendants or witnesses who were in custody.
The courthouse opened in 1932, and there have been “no meaningful renovations” in the almost 15 years that federal Judge Thomas Cullen has been traveling there to hear cases, he said.
It’s located on the second floor of a Danville post office. The courtroom itself is a large, well-lit high-ceilinged space in good condition. But the same can’t be said for the rest of the floor.
There are empty rooms with peeling paint, forgotten furniture and typewriters that haven’t been used in decades. When it rains hard, the ceiling leaks and buckets are placed throughout the floor to catch dripping water.
On top of these issues is inadequate security, which is the main reason the federal courthouse has had to stop hearing certain kinds of cases.
The building needs better security measures if it is going to ever see criminal trials with in-custody defendants or witnesses again. But conversations to initiate renovations have so far led nowhere.
“The long-term risk is that if these issues aren’t resolved, this courthouse could close,” Cullen said.
There has been no presiding judge at the Danville courthouse since 2020, when the previous presiding judge, Jackson Kiser, died. This means judges from other localities — such as Cullen, who is based in Roanoke — travel there to hear cases.
The courthouse serves the cities of Danville and Martinsville, as well as Henry, Patrick, Pittsylvania, Halifax and Charlotte counties.
The Danville federal courthouse is in the same judicial district as the Big Stone Gap federal courthouse, which is being closed by the U.S. General Services Administration, the entity that manages federal property.
“To have one judicial district close two courthouses within a short period of time, that would be a big deal,” Cullen said.
If the Danville federal courthouse closes, the district divisions would need to be adjusted, he said. Likely, half of the Danville division would be relocated to Roanoke, and the other half to Lynchburg. Also in the Western District of Virginia are courthouse locations in Abingdon, Charlottesville and Harrisonburg.
“Given Danville’s history, given the fact that this division is the most demographically diverse of any district that we have in the western part of Virginia, we should have a Danville division,” Cullen said.
But closure is a very real risk if something doesn’t change, Cullen said.
Logistical challenges
About two years ago, the U.S. Marshals Service, which is responsible for protecting federal courthouses and judges and for transporting defendants to court, decided to halt certain trials in Danville.
“[The Marshals] recommended to us in no uncertain terms that we could not have criminal trials with in-custody defendants or in-custody witnesses in this courthouse due to inadequate security measures,” Cullen said.
Instead, criminal trials with people in custody are tried at the city’s circuit court.
This doesn’t happen too often because federal criminal cases usually end in a plea deal without going to trial. According to the Pew Research Center, almost 90% of federal criminal cases end in a plea, while another 7% get dismissed along the way, either by the government or by the court.
And the Danville courthouse does have a lighter caseload than others in the judicial district. In December 2023, the courthouse carried about 8% of the district’s caseload, according to internal statistics from the courthouse. The Roanoke courthouse handled the most cases, with 35% of the district’s caseload.
Still, the Danville federal court had to find a solution for cases that it could not try.
After about a year of moving these proceedings out of Danville — which caused difficulties for residents called for jury duty — the Danville City Council in August agreed to make the circuit courtroom available for federal cases.
“Logistically, it’s challenging because we have these state judges who are accommodating us and our busy schedules, and we have to get the U.S. Marshals in there, but it’s the only viable alternative,” Cullen said.
No breakthroughs yet
The GSA leases space from the U.S. Postal Service, which owns the building, to operate the federal courthouse.
It’s not unheard of for the Postal Service or another entity to provide space for a federal court, but it’s not all that common, either, Cullen said. Most federal courthouses are standalone buildings.
The Danville courthouse has just one small holding cell for people who are in custody, which becomes an issue whenever there are two or more in-custody defendants testifying against each other. There’s also no bathroom or sink in the holding cell, so anyone who’s in custody must be taken to the same bathroom that the jury and the general public use.
And at the entryway of the second floor, where the courthouse is located, all that separates the general public from the holding cell and courtroom is a church pew. There are metal detectors and security guards, but no plexiglass, which is generally standard, Cullen said.
The building also lacks a sally port, or secure entrance where marshals can bring in-custody individuals safely into the building.
“They have to essentially come up the back stairs,” Cullen said.
There are also some needed renovations that would address problems like the leaky roof.
“Sometimes you’ll see a massive dehumidifier in the courtroom,” Cullen said. “It’s a beautiful room. It’s really light, it’s ornate, it’s one of the most historic courtrooms in the whole district, but we have this massive dehumidifier in there because of moisture issues.”
The building itself is “probably structurally sound,” Cullen added, but there are ongoing concerns about the long-term viability of the courthouse if there are no renovations.
But the process of actually getting renovations done is complex.
The U.S. Postal Service needs to sign off on any projects, prolonging the process, Cullen said.
“For the last couple of years, we’ve been trying to have the General Services Administration work out something with the Postal Service,” he said. “As I understand it, they’re in discussions.”
One possible solution involves the GSA acquiring the building from the Postal Service, Cullen said.
“Or at least getting permission from the Postal Service to make the necessary improvements ourselves, and we haven’t been able to do that so far,” he said.
It would cost about $2 million to do basic renovations, which would include only the most serious security upgrades, according to an estimate from the U.S. Marshals Service. Bringing everything up to snuff would cost around $18 million.
Those numbers don’t account for addressing asbestos or lead paint, which would likely be necessary in the basement — a large, mostly empty space with scattered USPS mailboxes and furniture.
Virginia Sens. Tim Kaine and Mark Warner, both Democrats, have been involved in conversations about the courthouse’s situation.
In a joint letter to the GSA in January 2023, the two senators called for improvements to the “current, unacceptable security conditions” at the courthouse.
“Despite its active federal docket, the courthouse continues to face serious security and safety deficiencies, requiring a collaborative and concerted effort to ensure that it can adequately serve the district,” the letter said.
This came after Kaine paid a visit to the courthouse in July 2022, when he “saw the security deficiencies firsthand,” he said in a statement to Cardinal News.
“It’s crucial that the federal judiciary has a safe and functioning space to carry out its duties in Danville,” Kaine said. “I will continue to work together with everyone to look for ways to address this challenge.”
Warner shared this concern, saying in a statement that his office is in contact with the U.S. District Court for the Western District of Virginia, exploring solutions.
Despite these pushes, there have been no breakthroughs or plans to actually conduct renovations.
Will Powell, public affairs officer for the GSA, said that the agency is working on addressing the long-term needs in Danville, but had no specific information about potential upgrades.
And Philip Bogenberger, a USPS spokesperson, said simply, “There are no plans to renovate the building.”
It would be a shame for the courthouse to close, especially after the closure slated for Big Stone Gap, Cullen said.
“Potentially, this district could lose a vital, vibrant courthouse,” he said. “That’s a big deal.”
