The Richmond City Council intends to create a five-person expert panel to review the condition of the John Marshall Courts Building after local judges accused the city of neglecting its duty to keep the courthouse in decent shape.

Council President Cynthia Newbille (7th District) has proposed a resolution to appoint the panel, which Virginia law envisions as a way to bring the expertise of architects and engineers to help assess the conditions of a courthouse.

Richmond’s Circuit Court judges have invoked a state process allowing the judicial branch to effectively sue the local government in their home jurisdiction for more courthouse funding. Chief Judge Jacqueline S. McClenney initiated the process in early May, taking legal action against all nine members of the City Council. (Richmond’s mayor has the most control over the city budget, but the Council still serves as the governing body)

Past reports on the courthouse, which was built in 1978, have noted the building suffers from aging systems and technology. It also has several fundamental security issues, including a glass exterior that isn’t bulletproof.

At least three of the members of the panel, must be professional engineers or architects, and they cannot be from the same firm. The panel will make recommendations on “construction or repairs deemed necessary” to both the city and the outside judge assigned to oversee the courthouse dispute.

Last month, the Supreme Court of Virginia selected Petersburg-area Judge Ray P. Lupold III to handle the case.

The range of outcomes in the case is unclear, but the city could potentially be ordered to spend significant sums of public money on the courthouse that have not yet been budgeted. Any costs incurred for the panel’s work will have to be paid by the city, but that amount is not yet known.

The fiscal year 2027 budget that begins July 1 includes $15.6 million for courthouse upgrades. The maneuver combines $10 million in funding that had been planned for fiscal 2028 with about $4.6 million already budgeted for the project, with an additional $1 million added to the mix. The city’s capital budget plan envisions no additional courthouse funding through fiscal 2031.

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The judges seem to want more done on a faster timeline. A full replacement for the John Marshall building, which was built in 1978, was previously estimated to cost hundreds of millions of dollars.

City officials have been mostly tight-lipped on the courthouse matter, in keeping with Richmond’s cautious approach to commenting on anything connected to litigation.

Last week, the Council held a closed meeting to discuss legal issues, which appeared to be the body’s first chance to talk about the courthouse dilemma in private.

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Richmond’s seven Circuit Court judges threatened to take legal action against the city if it didn’t begin to tackle a situation they described as “untenable.”

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The resolution to establish the panel is on the Council’s agenda for Monday’s meeting. It’s on the consent agenda, a package of mostly routine business items usually deemed unworthy of standalone discussion or debate.

The pending resolution calls for Chief Administrative Officer Odie Donald II to work with Council leadership to develop a list of seven qualified candidates for the panel by June 15.

Virginia law gives local governments the option to create an expert panel after being accused of neglecting a courthouse. However, the panels are mandatory if local judges have already alleged the court facilities “are in fact insecure or out of repair, or otherwise pose a danger to the health, welfare and safety of court employees or the public.” Richmond’s chief judge leveled that  accusation word for word in her May 6 show cause order to the city.

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When asked for comment on the proposed expert panel, the Council gave a terse reply that pointed to the state law but offered little insight into the Council’s thinking.

“Res. No. 2026-R023 was introduced in accordance with Va. Code § 15.2-1643,” Council Chief of Staff RJ Warren said in an email.

Contact Reporter Graham Moomaw at gmoomaw@richmonder.org