It’s a FACT

Farm Team Endorsed Candidate Jennifer Wexton is the clear choice for Loudoun County Commonwealth’s Attorney

When you have the FACTS you can make an informed decision. Here are the FACTS on the costly and questionable practices of incumbent Loudoun County Commonwealth’s Attorney Jim Lowman:

James E. Plowman has been the Commonwealth’s Attorney for Loudoun County since 2004, and he is up for reelection on November 8.   As a two-term incumbent, Plowman has an extensive record to evaluate when considering his re-election bid. This record reveals a pattern of poor judgment and abuse of office that has cost taxpayers hundreds of thousands of dollars.

Plowman has been rebuked repeatedly by the courts for his actions. He also has unduly politicized the office. When all the FACTS been reviewed, you will agree that Plowman’s performance is not what we expect of our chief prosecutor, and he should NOT be re-elected on November 8.

Office Mismanagement

The main responsibility of the Commonwealth’s Attorney is to supervise the attorneys and support staff, and promote the smooth, efficient, and ethical operation of the office.  However, the FACTS show:

• Plowman not only has failed to make the Office more efficient, but over an eight year time span, he has increased the number of prosecutors by more than 50% to handle only a 15.5% increase in caseload. (See Caseload vs. Budget, 2003 and 2011).
• During the same time period, the Office’s overall expenditures have increased by almost 43%. (See Commonwealth’s Attorney Budgets, 2002 through 2011).
• Additionally, Loudoun’s Commonwealth’s Attorney’s Office has a significantly higher budget than that of the Fairfax Commonwealth’s Attorney, (See Fairfax Commonwealth’s Attorney 2011 Budget), which handles four times as many cases and serves a county with three times the population of Loudoun.

Learn more FACTS about the caseload and budget of the Commonwealth’s Attorney here.

Plea Bargains

Jim Plowman sought election in 2003 decrying the process of “plea bargaining” and agreed sentences for criminals. He promised to do away with both practices, and now touts his office’s conviction rate.   But a review of the FACTS demonstrates that Jim Plowman’s claims are false, and that he presides over an office that continues to obtain convictions by reducing some charges, dropping others and even offering “volume discounts” for crime.

Back in 2003, Jim Plowman spoke harshly about plea bargains and agreed sentences, saying, “The current office has taken an approach of resolving cases at any expense to secure a conviction. This does not create a criminal deterrent, but rather sends the exact wrong message to lawbreakers if there is no accountability to one’s crime.” (See Jim Plowman’s Questionnaire Responses in the Fairfax Connection, Oct. 24, 2003.)

What was his top goal for the Office? According to a statement made at the time, Plowman said, “First, the Office must change its pattern and approach when handling felony cases that have resulted in record numbers of dismissals in Circuit Court, an unexplainable number of plea bargains, and a surprisingly low number of cases going to trial. This approach results in a lack of accountability for criminals, and often times, dangerously lenient plea agreements for the purposes of securing convictions at any expense.”

Yet after seven years of the Plowman regime, there has been no change – plea bargains remain the single largest result in felony cases brought by the Office. The FACTS show that Plowman’s tough talk is actually bluster.  He has NOT reformed the Office; he has merely made empty promises. See some examples of Plowman’s lenient plea bargains and volume discounts here.

Misappropriation of County Property

The FACTS are Plowman has ignored County policies (see Loudoun Admin Policies) by taking possession of County cars for himself and his top assistants in direct contravention of County policies. He has “forfeited” premium automobiles from the County fleet for his personal use, including a Ford Mustang Convertible and a Mercedes ML55.

He also has allowed his top Deputies, who live outside of Loudoun County, to use County cars and County gas cards for daily commuting and personal use, costing Loudoun taxpayers tens of thousands of dollars in gasoline and vehicle expenses. (See vehicle and gas records for Office of the Commonwealth’s Attorney.)

Plowman’s Partisan Politics

The Commonwealth’s Attorney is tasked by statute with investigating and prosecuting all violations of campaign laws and regulations by candidates for public office. (Code of Virginia, section 24.2-1019 et seq.)  In order to perform this aspect of his/her job ethically and impartially, the Commonwealth’s Attorney should stay out of politics, other than his/her own election campaign.

However, the FACTS demonstrate that Jim Plowman has consistently delved into politics, endorsing not only the Republicans on the ballot with him every four years, but also endorsing candidates in other elections, sometimes in exchange for political donations. Plowman’s endorsements smack of political favors, and are unwise and possibly unethical, given the Commonwealth’s Attorney’s assigned role in campaign disputes. It leaves Plowman unable to fulfill his job responsibilities, and robs the candidates and voters of Loudoun County of their right to have campaign violations investigated in a timely and impartial manner.

Conflict of Interest

The Commonwealth’s Attorney is responsible for prosecuting cases involving conflict of interest by a county government employee or appointee. He/she also is tasked by statute with issuing advisory opinions as to whether a county employee or appointee does have, or would have, a conflict of interest that should prevent the person from serving or taking part in a particular matter. (Code of Virginia, section 2.2-3100 et seq, 2.23126.)

But, as a matter of FACT:

• Plowman has been approached several times during his tenure about investigating such potential conflicts and crafting advisory opinions.
• In at least two prominent instances, he got the cases wrong, both times in favor of his political allies.
• At other times, he refused requests for investigations made by opponents of his political allies.

This overt politicization of his Office is wrong and contrary to law. It also has led to a Judicial rebuke, and a bill to Loudoun taxpayers for almost $40,000 for Plowman’s legal defense of his errors.

On November 8, let the FACTS speak for themselves. Elect Jennifer Wexton Commonwealth’s Attorney for Loudoun County! For more information and to volunteer for Ms. Wexton’s campaign, go to www.votewexton.com.