A retired judge from the 14th Circuit Court has been appointed after the judge from the 10th Circuit Court recused himself and the rest of the judges on the panel, presumably due to the fact that Cumberland County is in their circuit.
Virginia Supreme Court Chief Justice Cynthia D. Kinser appointed The Honorable Daniel T. Balfour, of the 14th Circuit Court to hear the case. Tenth Circuit Chief Judge The Honorable Leslie M. Osborne submitted an order of judicial disqualification.
Virginia Code states that if Wheeler prevails in court, Cumberland County may be required to pay court costs or attorney fees, or both.
Some information for this story came from newspaper reports.