ORANGE—A judge from Virginia’s 16th circuit called for Orange County leaders to consider removing the Confederate statue that has stood since 1900 on Main Street’s courthouse lawn.
Orange Circuit Court Judge David B. Franzén called the statue “an obstruction to the proper administration of justice in Orange County,” according to an email from his government account sent Friday to Orange County elected officials. Recipients included the sheriff, commonwealth’s attorney and county administrator.
A group of residents showed up at the soldier statue Monday morning to protest the judge’s letter. State Senator Bryce Reeves called for a judicial review of Franzén’s actions.
protest stirred
Franzén, a former Charlottesville judge appointed in July to an eight-year term on the Orange circuit, had planned to make an announcement Monday morning about the statue prior to convening a grand jury.
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He called it off over the weekend after word got out and opposition mounted.
In the email, Franzén said, the purpose of his planned declaration “was to call upon the Board of Supervisors to exercise its legislative power to remove the Confederate statue from the courthouse lawn.”
He said it was not “his intention to order any action, but rather to defer to the legislative power of the board,” the judge wrote.
State law gives local governing bodies the power to remove or relocate war memorials.
Protesters at the Confederate statue Monday morning felt Franzén was improperly trying to take that power. About two dozen held signs calling for his removal: “Remove Judge Franzén! The bench is not for politics!” shouted one man during the one-hour protest.
“He’s acting like he’s above the law,” said protest attendee Kerry Sellers, of Orange. “He doesn’t have the authority to do what he’s doing.”
Sellers felt the Confederate soldier statue should remain in front of the courthouse.
In the email Friday, Franzén said his actions had been misunderstood. He cited “credible threats of the possibility of violence” Monday morning as to why he was postponing his announcement.
“It had been my hope the issue could be discussed and debated in the public forum of the Board of Supervisors and I was prepared to call upon the board to do so,” Franzén said. “It appears such an appeal would have been misunderstood and perhaps manipulated in a manner unintended by me.”
The judge said the postponement did not mean he was deferring the issue.
“Matters of this kind require urgent, open and honest discussion,” Franzén said.
Republican activist Paul Moog, of Orange, attended the protest.
Moog accused Judge Franzén of violating the judicial code of conduct and said he should not insert himself into controversial issues.
“It’s a very foolish move on his part to get involved in this,” said Moog.
He said it was “bizarre” that Franzén would say the statue was causing an obstruction of justice.
‘Very difficult issue’
Orange County Board of Supervisors Chairman R. Mark Johnson said he was aware of Franzén’s emails asking the board to address the Confederate statue.
“This is has not been added to any board agenda and I am not aware of any plans to add it to the agenda,” Johnson said. “Of course, I can’t tell what the future may hold.”
He said he hasn’t had many people contact him about removing the memorial.
Asked if the statue was obstructing justice in Orange County as the judge asserted, Johnson said he couldn’t speak to it.
“This is a very difficult issue, not something that I want to talk about on an ad hoc basis,” Johnson said. “At some point, I may have something to say, the board may have something to say, but for right now, I don’t.”
Orange County resident Griffin Floyd started a change.org petition two years ago to remove the Confederate statue that now has close to 25,000 signatures. Johnson said he’s aware of the petition and also of another online petition that wants to keep the statue.
“I don’t think online petitions are something board members need to be giving opinions on the relative merits of,” he said.
Orange County Administrator Ted Vorhees told television station CBS 19 in August that the local government had not been able to engage in conversations with the public about the monument because of COVID-19.
Johnson said Monday he didn’t think the pandemic insulated local elected officials from the public.
“Did COVID prevent constituents from talking to the board? No,” he said.
Reeves STEPS IN
Orange County resident D.J. Anglin III said he felt it was unacceptable for a judge to approach elected board members to ask them to take it down.
“The behavior by this judge is despicable. An abuse of power,” he said.
Sen. Reeves, Orange County’s state senate representative in Richmond, stood with protesters Monday in the town of Orange, posing for pictures, giving interviews and waving to passing cars honking their horns.
Reeves said in a statement he intended to file a complaint with the Judicial Inquiry & Review Commission based on alleged violations of the Canons of Judicial Conduct.
“In this case, the mere fact Judge Franzén calls to make a declaration from the bench and his actions have called into question his impartiality, tarnished public trust, and ruined his reputation that will affect his ability to deliver justice fairly,” the state senator said in an email.
“The courtroom must remain blind to politics and hold to the rule of law. Judges should not be activists.”
symbol of inequality?
The stone memorial stands over the town’s main intersection at Madison Road and Main Street. It’s located in front of the historic courthouse where Franzén last year oversaw the dedication of a portrait of a Tuskegee Airman from Orange, Capt. Andrew Maples Jr.
It was the first portrait in the courtroom of an African-American, displayed in a line of pictures including President James Madison.
Engravings on the side of the base state the monument was, “Erected by their comrades and friends Oct. 18, 1900.”
The names of dozens of Confederate soldiers from Orange who died in the war are listed on both sides of the larger portion of the base.
The monument is also engraved with: “They fought for the Right They died for their country Cherish their memory Imitate their example.”
Griffin Floyd, in his two-year-old online petition to remove the monument called it a symbol of racial inequality, injustice and oppression.
“It is perverse to have a monument to oppression outside of a courthouse, where justice is supposed to be served,” he wrote.