Tazewell County Circuit Judge Jack Hurley plans to retire at the end of this year, but before he hangs up his full-time judicial robe, he plans to rule on a legal challenge to the reproductive healthcare constitutional amendment approved by voters earlier this month.
Hurley, an adjunct professor at the Appalachian School of Law, has worked for more than 40 years in the legal profession, with 21 years on the bench as a judge in the 29th Judicial Circuit. He was appointed to the circuit court bench in 2012 by former Republican Gov. Bob McDonnell. Hurley served as a district court judge in the same region prior to his 2012 appointment.
“I think that’s probably long enough; I think it’s time to pass the torch,” he said in a phone interview on Thursday. “I’ve got some other things I’m going to pursue, and I’m going to try to stay busy, but just kind of change gears a little bit.”
Among those post-retirement projects: an opportunity that Hurley is pursuing to teach more at the Appalachian School of Law. He is also exploring opportunities in legal mediation, and he is hoping to be on the recall list to substitute as judge where needed.
“I’m still young enough to travel and love to travel, so I don’t mind picking up and heading to other parts if I’m needed,” he said.
Hurley, 65, plans to retire on Dec. 31, according to a newsletter sent out by Del. William Morefield, R-Tazewell County, on Tuesday.
“I’ve got four grandsons, ages 12 to 4 months, and I want to make sure I carve out some time for them,” Hurley said. “My wife of 41 years, Julie, has been my greatest supporter throughout my entire tenure as a judge. … She’s my backbone.”
Hurley to rule on two high-profile political cases
During his time on the bench, Hurley has ruled on a number of high-profile cases, including the effort by Virginia General Assembly Democratic lawmakers to redistrict the commonwealth’s congressional map earlier this year.
In January, Hurley found the redistricting effort to be unconstitutional after Republican state Sens. Bill Stanley of Franklin County and Ryan McDougle of Hanover County and House of Delegates Minority Leader Terry Kilgore of Scott County filed a lawsuit against the effort. Democratic Attorney General Jay Jones appealed the Tazewell Circuit Court decision up to the Supreme Court of Virginia.
Hurley issued another ruling in favor of Republicans that blocked the State Board of Elections from certifying the outcome of the April 21 redistricting referendum the day after it took place.
That ruling was connected to a separate case brought by the Republican National Committee and Republican congressional representatives Ben Cline, of Botetourt County, and Morgan Griffith, of Salem, that also sought to challenge the constitutionality of the mid-decade redistricting effort.
The Supreme Court of Virginia ultimately ruled 4-3 in May to overturn Virginia’s mid-decade redistricting referendum, after voters narrowly approved the effort, finding it unconstitutional.
Hurley is slated to hear a legal challenge Nov. 24 to Virginia’s constitutional amendment that enshrined access to the full slate of reproductive healthcare including abortion. Ballot Question 1, which asked voters to weigh in on the amendment, passed with a 25 percentage point margin during the Nov. 3 election.
The lawsuit was brought by The Family Foundation, a conservative nonprofit organization. It alleges that House of Delegates Clerk Paul Nardo failed to send copies of the amendment to circuit court clerks around the state, as required by law. However, a bill signed by Gov. Abigail Spanberger in March retroactively removed that part of state code, according to a report by the Virginia Mercury.
“I intend to make a final ruling on that before I retire,” Hurley said.
The work Hurley said is most rewarding
Tazewell County Circuit Court Clerk Charity Hurst said it has been an “honor and a pleasure” to work with Hurley during her time as court clerk.
“Judge Hurley has dedicated much of his life to serving the citizens of Southwest Virginia. I especially admire his commitment to Recovery Court and his dedication to helping individuals overcome challenges and rebuild their lives,” Hurst said in an emailed statement. “I am grateful for his guidance, professionalism, and friendship, and I wish him and his family all the best in his well-deserved retirement.”
Recovery courts are specialized dockets that offer judicial monitoring of intensive treatment and strict supervision of criminal justice involving individuals in recovery-related cases. Adult recovery courts serve non-violent offenders with substance abuse disorder.
“Maybe the greatest satisfaction of anything I’ve done on the bench has been the drug court, which is now called recovery court,” he said.
Hurley has also been the vice chair of the State Recovery Court Advisory Committee. He called his time on the statewide committee and as judge of the Tazewell Adult Recovery Court “some of the most rewarding work” he has ever done.
“To see folks get their lives put back in order, to get their kids back, to get their homes back, the longstanding job again for the first time in years, to actually remember holidays, basically to have parents look you in the eye and say, basically, ‘thank you for saving my child’s life,’ or ‘for giving me my child back,’” is what made that work rewarding, he said. “But for recovery court, most of them would have spent years in jail or prison. That second chance on life itself has been the most special time to me, as judge.”
