Commissioner in Chancery for Arlington County and the City of Falls Church

Leonard P. Buscemi serves as Commissioner in Chancery for Virginia’s 17th Judicial Circuit, comprised of Arlington County and the City of Falls Church, appointed to the position by the Chief Judge in 2013. The 17th Judicial Circuit is one of thirty-one circuits in the state’s unified court system. The circuit courts are trial courts of general jurisdiction that have the broadest judicial powers in the state.

A Commissioner in Chancery’s role is to aid the circuit court judges in judicial matters such as taking evidence and settling accounts and other matters “necessary for the convenient dispatch of the business of such court” Virginia Code § 8.01 – 607. A Commissioner has the authority under Rule 3:23 of Virginia Supreme Court Rules to compel the production of documents call witnesses to testify, and rule upon the admissibility of evidence.

The cases referred to a Commissioner usually involve equity matters such as divorce, business dissolution, accounting, partition, sale of land, debtor’s interrogatories, and mechanic liens, etc. Cases are referred to a Commissioner either by agreement of parties, or by motion of a party or the court on its own for good cause. In most cases, an “Order of Reference” provides specific instructions to the Commissioner from the circuit court judge as to the findings of fact or conclusions of law, or both, to be reported to the judge.

Upon conclusion of the evidence, the Commissioner prepares and files a report with circuit court and the parties may “take exception” to the findings of fact or conclusions of law in the report and the presiding circuit court judge may either accept or reject the Commissioner’s findings and conclusions in whole or in part.

Since his appointment in 2013, Mr. Buscemi has served in a number of cases as Commissioner. He was appointed by the court Special Commissioner pursuant to Virginia Code §8.01 – 96 to preside over sale of real property which included marketing the property for sale, entering standard real estate sales contract (contingent upon court’s approval), taking reasonable measures to protect the property from trespass vandalism or other forms of destruction and ascertaining all delinquent taxes.

Mr. Buscemi presided as Commissioner in Chancery in a partition case involving a single family property owned in equal shares by four parties as tenants in common. One of the three tenants in common petitioned the court under Virginia Code § 8.01-81 to partition the property and sell it for fair market value and distribute the shares accordingly. The parties subsequently agreed to have the case referred to a Commissioner in Chancery and a Decree of Reference was issued by the circuit court which directed the Commissioner to report and find the person(s) responsible for payment and maintenance of the home, certain encumbrances, and property improvements and establish the 1/4 share value of the real property and a time frame for the parties have to pay that value to the party who wanted to sell her share of the property to other three tenants in common.

Mr. Buscemi has served as Commissioner in Chancery for a number of debtor’s interrogatories, sometimes called a deposition or discovery in aid of enforcement. It is basically a legal proceeding to learn about the debtor’s assets. The Commissioner in Chancery puts the debtor under oath and a judgment creditor requests from judgment debtor information about bank accounts, vehicles, accounts receivable and other assets. The judgment creditor will contact the Commissioner, make an appointment and then serve the judgment debtor with a subpoena to appear at that time and place. The judgment creditor has the option of arranging for a court reporter to record all of the questioning. If the judgment debtor fails to appear at the time and place noted on the subpoena, the Commissioner will issue a Rule to Show Cause why judgment debtor should not be held in contempt of Court for failure to appear and to comply with the requirements of the Summons to Answer Interrogatories/Subpoena. In the event judgment debtor complies with the subpoena, the Commissioner issues a report that the defendant appeared and completed answers to debtor interrogatories propounded by counsel for the plaintiff and produced documents listed and attached to the Summons to Answer Interrogatories and reports to the court that the matter is ended.

Education & Training

Antioch was founded in 1972 by Yale law graduates, Edgar S. and Jean Camper Cahn who created a unique academic and clinical program committed to training lawyers in a comprehensive clinical legal education model adopted in nearly every law school in America. This tradition is carried on today by its successor, the University of the District of Columbia David A. Clarke School of Law.

In his third-year of law school, Mr. Buscemi was appointed to serve as Special Assistant United States Attorney for the District of Columbia (under the auspices of the D.C. Law Student in Court Program). There he enjoyed great success prosecuting 40 misdemeanor cases and appearing on behalf of the United States in 30 substantive hearings and 5 trials where in all he obtained 30 court rulings and five verdicts, all in favor of the Government.

In his final semester of law school, Mr. Buscemi was selected by Judge Braman to serve as his legal intern in a “Civil I” rotation, the D.C. Superior Court’s most complex and specially designated civil litigation. There he helped manage the cases, and research, write and participate in all court and chamber proceedings. Those who know Judge Braman, a distinguished jurist of great intellect and exacting standards, can appreciate the value of this legal experience.

By the time Mr. Buscemi graduated from law school in 1980, he had already gained over 2,000 hours of courtroom experience and he was immediately hired by the law firm of Koonz, McKenney & Johnson in Washington, D.C. as a law clerk for the senior partner. He became an associate of the firm when admitted to the District of Columbia Bar on June 19, 1981 and for the next 4 years he litigated several hundred injury, malpractice, product liability and disability law cases.

On July 2, 1985, Mr. Buscemi opened his own law practice where he has accumulated a depth of experience as lead counsel in accident, malpractice, civil, criminal, traffic and administrative cases and providing legal services on general law practice matters.

Personal Background