At its 1980 regular session the Virginia General Assembly adopted House Joint Resolution No. 45.

The joint subcommittee was appointed in April, 1980, with Delegate Bernard S. Cohen as Chairman, and three meetings of the joint subcommittee were held in July, October and December of 1980. Other members of the joint subcommittee are Senator Frederick T. Gray, Delegate Theodore V. Morrison, Jr., Delegate J. Samuel Glasscock, Delegate Raymond R. Robrecht, Senator William F. Parkerson, Jr., Senator Willard J. Moody, Mr. Garnett S. Moore, Professor Harvey S. Pearlman, Mr. L. Eldon James, and Dean Thomas A. Edmonds of the University of Virginia School of Law.

After hearing the views and expert opinions of a number of persons and groups interested in the subject, the joint subcommittee discussed the matter at considerable length without achieving any concensus on what, if any, change should be recommended in current Virginia law. It was felt that additional comment and input from The Virginia State Bar, the Virginia Bar Association, and other groups within the legal profession not already heard from by the joint subcommittee would be desirable before formulating final recommendations. Accordingly, a subcommittee consisting of Senator Frederick T. Gray and Dean Thomas A. Edmonds was appointed at the last meeting of the joint subcommittee on December 3, 1980. This special subcommittee was charged with the responsibility of preparing a brief summary and analysis of present Virginia law, as well as the various alternatives which have been adopted in other states, and outlining the positive and negative aspects of each approach. The report of the special subcommittee is to be circulated to the bar for comment prior to a final meeting of the joint subcommittee during the fall of 1981, at which time final recommendations under House Joint Resolution No. 45 will be prepared. After a draft of the special subcommittee report was prepared by Dean Edmonds, Senator Gray found it necessary to resign from both the special subcommittee and the joint subcommittee because of personal reasons.

Attached hereto is the report of the special subcommittee. The assistance of Mr. Will Harvey, a third year student at The T. C. Williams School of Law who served as research assistant to the special subcommittee, is gratefully acknowledged.

Respectfully submitted,
Thomas A. Edmonds