Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 9, 1993 TAG: 9304090127
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
AILING HOBACK QUITS BENCH
Citing health reasons, Judge Fred Hoback Jr. is taking early retirement from Roanoke Valley's Juvenile and Domestic Relations Court.Hoback, who last year weathered allegations that he heard cases while under the influence of alcohol, has been suffering high blood pressure and heart problems.
His health problems were so severe that he at least once fainted in a Roanoke courtroom, sources said.
After some confusion Thursday over the timing of his decision, Hoback confirmed late in the day that he is retiring after 15 years on the bench. He also confirmed it was due to his health, but declined to elaborate.
At 53, Hoback would have been too young to receive full retirement benefits. But sources who asked not to be identified said he was granted a disability retirement this week by the Virginia Retirement System in Richmond.
A VRS official declined to comment, saying such decisions are private.
Hoback had been making inquiries about the retirement process in the past week - sparking some positioning among lawyers who want to fill his seat even before the vacancy was announced on Thursday.
In a letter to judges and bar officials, Chief Circuit Judge Kenneth Trabue asked the Roanoke and Salem-Roanoke County bar associations to submit recommendations for Hoback's replacement.
Contacted at his Salem home - where he has been on sick leave since late February - Hoback at first said nothing had been finalized.
"As far as I'm concerned, I'm still officially a judge," he said. But he confirmed later in the day that he was, in fact, retiring.
An official with the state Supreme Court in Richmond said the resignation has been accepted, effective retroactively on April 1.
Last year, Hoback received a public reprimand from the Supreme Court for what it called "clear and convincing evidence" that he once smelled of alcohol while in a conference room of the Roanoke County Courthouse.
But three other charges of misconduct - which had outlined a more serious drinking problem and Hoback's alleged failure to address it - were dismissed by the court.
Although Hoback became only the fifth judge in the state to be censured by the Supreme Court in 20 years, he said at the time he was "very pleased" with the ruling.
He had faced the prospect of losing his position on the Juvenile and Domestic Relations Court, which hears cases in Roanoke, Roanoke County and Salem.
Hoback's attorney had argued there was no evidence to show that Hoback he was ever under the influence of alcohol while on the bench, and that the charges came from a small group of court employees in Ronaoke County who did not like the judge.
The five Circuit Court judges hope to appoint a replacement by May 7 to serve until the position can be filled permanently next year by the General Assembly.
Hoback's position was considered to be a Roanoke County judgeship, even though the three juvenile court judges hear cases in all three jurisdictions of the circuit.
Bar associations are expected to meet in the next few weeks to consider candidates. "I would assume it's going to happen very quickly," said Randy Leach, president of the Salem-Roanoke County Bar Association. "All this has been happening in the last few days."
Lawyers mentioned as candidates included Ellen Weinman of Salem, Vince Lilley of Salem, John Ferguson of Roanoke and John Molumphy of Roanoke.
Because the judgeship is based in Roanoke County, some lawyers speculated that the Salem-Roanoke County bar might have an edge if its top choice differs with that of Roanoke's bar - as has happened in the past.
In most cases, the interim judge appointed by the Circuit Court is approved without opposition by the General Assembly.