Collection is open to research.
Privacy protected and confidential information is restricted from public access for 75 years (Code of Virginia 42.1-78). Restricted records in this collection have been sealed but not removed. Types of restricted may include, but is not limited to: administrative investigation records, attorney-client privileged documents, criminal records, mediation documents, and personnel records.
As of September 11, 2019, medical records will be open 125 years after the date of creation or after date closed, whichever is later. The Health Insurance Portability and Accountability Act (HIPAA) requires that individually identifiable health information of a decedent be protected for 50 years following the date of death of the individual (45 CFR 164.502(f)).
Records of the Executive Office-Counselor's Office, Governor Terry McAuliffe, 2001-2006; 2008; 2010-2018 (bulk 2014-2017), Accession 52176, State Records Collection, Library of Virginia
Office of the Governor, Patrick Henry Building, 1111 E. Broad Street, Richmond, Virginia, 23219, accession 52176 transferred on 12 January 2018 and accessioned on 17 January 2018.
With the exception of Series III. Regulatory Decisions, the processing archivist imposed an arrangement within each series in 2023 given the absence of usable order.
The Executive Office is a division of the Office of the Governor in the Executive Branch of Virginia state government. Members of the Executive Office include the Governor, Chief of Staff, Counsel to the Governor and their assistants. On 6 January 2014, Governor-elect Terry McAuliffe appointed Carlos Hopkins as counselor to the governor. In this Cabinet-level position, Hopkins advised the Governor on the impact current federal and state law may have on the Governor's policy proposals. He also provided advice on executive orders, state contracts, extraditions and pardons, administrative regulations, and other executive branch matters.
On 1 August 2017, Governor McAuliffe appointed Hopkins as Secretary of Veterans and Defense Affairs effective 1 September.
Prior to assuming his position as Counsel to the Governor, Hopkins was a Deputy City Attorney for the City of Richmond, focusing on tax assessment and eminent domain litigation as well as public safety. He was instrumental in bringing together members of the administration and Council staff to address the issues surrounding the reclamation of derelict properties in the City.
Between 1997 and 2005, Hopkins served seven years as a prosecutor in the City of Richmond where, as a Deputy Commonwealth's Attorney he supervised the office's narcotics and Project Exile prosecutions, working closely with his federal counterparts to stem the flow of drugs and illegal firearms in the City. As the Deputy in charge of the office's Manchester Courthouse Division, he supervised the prosecution of all cases occurring within the City of Richmond south of the James River. He also prosecuted a broad range of felonies including capital murder, rape and numerous drug and firearm offenses.
In 2006, Hopkins left his private practice when he was asked to serve as the Training Director for the Virginia Indigent Defense Commission, the state agency that manages Virginia's public defender system. The agency also determines the eligibility criteria for court appointed counsel-those attorneys who provide a legal defense for indigent persons accused of crimes that carry a potential penalty of incarceration or death.
In addition to his civilian legal experiences, Hopkins is also a Lieutenant Colonel in Virginia's National Guard where he currently served as the deputy chief legal advisor to the Commanding General of the 29th Infantry Division located at Fort Belvoir. From 2008-2009, he deployed as the Chief of Military Justice as part of Joint Task Force Guantanamo to Guantanamo Bay, Cuba.
Hopkins is a graduate of The Citadel in Charleston, SC, where he graduated with a degree in political science. He received his law degree from the University Of Richmond School Of Law and is licensed by the Virginia State Bar. [Biography from Carlos Hopkins' electronic records.]
The Counselor was assisted in these responsibilities by a Deputy Counselor. The following individuals held this position during Governor McAuliffe's administration (2014-2018): Tracy Retchin (January 2014-May 2015, Noah Sullivan (May 2015-August 2017) and Jae K. Davenport (September 2017 to January 2018).
Governor McAuliffe appointed Noah Sullivan Counsel to the Governor on 1 September 2017. Previously, he served as Deputy Counsel to the Governor. Prior to joining the Governor's office, he was an associate at the law firm Gibson, Dunn and Crutcher LLP in Washington, DC. He previously worked at Dominion Energy in corporate public policy. Noah is a native of Lynchburg, Virginia. He received a Bachelor of Arts in Government from the University of Virginia, graduating with Highest Distinction. While at U.Va., Noah also served as Student Body President. Noah received his JD from Stanford Law School. [Biography from 1 September 2017 press release.]
Other staff of the Counselor's Office during the McAuliffe administration include: Jasmine Jackson, Confidential Assistant (January 2014-June 2016) and Khaki LaRiviere, Confidential Assistant (July 2016-July 2017).
The Governor Terry McAuliffe, Executive Office-Counselor's Office, Records are housed in 36 boxes. The collection is arranged into five (5) series. Series have been designated for: I. Clemency Files; II. Judicial Appointments; III. Regulatory Decisions; IV. Executive Orders and Directives; and V. Correspondence and Subject Files. These records include agendas, agreements, applications, budget documents, correspondence, e-mail, executive orders, handouts, legal briefs, legal files, legislative files, meeting notes, memorandums, note pads, petitions and reports.
This collection documents the actions of Governor McAuliffe's Counselor's Office between 2014 and 2018. Topics include denied clemency requests for Alfred R. Prieto (executed 1 October 2015), Ricky Javon Gray (executed 18 January 2017) and William Morva (executed 6 July 2017); granted clemency requests for William Joseph Burns (granted 29 December 2017) and Ivan Teleguz (granted 20 April 2017); Jens Soering petition for international prisoner transfer to Germany; the selection and appointment by Governor McAuliffe of Judge Jane M. Roush to the Supreme Court of Virginia; the McAuliffe administration's attempt to expand Medicaid; and litigation related to Governor McAuliffe's 2016 restoration of rights order, redistricting, and former Governor Robert F. McDonnell.
This collection is arranged into the following series:
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The Clemency Files series is housed in 9 boxes. It is divided into two subseries: A. Executions and B. Pardons. This series contains clemency petitions from prisoners submitted to the Governor. The clemency petitions usually include: petition from prisoner, constituent letters (for and against clemency), court documents and opinions, summary of the case provided by the Office of the Attorney General, and a memorandum to Governor McAuliffe from Counselor to the Governor Carlos Hopkins or Noah Sullivan, providing background information on the case, analysis of petition and conclusion/recommendation to Governor.
This subseries is housed in four boxes and is arranged chronologically. Included are denied clemency requests for Alfred R. Prieto (executed 1 October 2015), Ricky Javon Gray (executed 18 January 2017) and William Morva (executed 6 July 2017); granted clemency requests for Ivan Teleguz (granted 20 April 2017) and William Joseph Burns (granted 29 December 2017).
This subseries is housed in five boxes and is arranged alphabetically. Included are clemency requests for Travion Blount (conditional pardon granted 12 January 2018), Robert Paul Davis (conditional pardon granted 21 December 2015; absolute pardon granted 15 December 2016), Reginald Latson (conditional pardon granted 20 January 2015), Michael McAlister (absolute pardon granted 13 May 2015), and Davey James Reedy (absolute pardon granted 21 December 2015). Other notable files included Jens Soering's petition for an international prison transfer (denied), the Virginia Parole Board's investigation of Joseph M. Giarratano (parole granted on 21 November 2017), and Keith Allen Howard, who the Virginia Supreme Court granted a writ of actual innocence; he was released from prison on 8 April 2016.
The Judicial Appointments series is housed in four (4) boxes and is arranged into three (3) subseries. Subseries have been designated for: A. Supreme Court of Virginia; B. Other Courts; and C. Judicial Selection. Judges of the Circuit Court, Court of Appeals, Supreme Court of Virginia are elected by a majority of each house of the General Assembly (8 year terms for Circuit Court and Court of Appeals; 12 year term for the Supreme Court of Virginia). Interim appointments are made by the Governor subject to election by the General Assembly at the next regular session. Records for each applicant usually include: letter of interest, letters of support, resume, Virginia State Bar Judicial Questionnaire, and Statement of Economic Interest.
This subseries is housed in two (2) boxes and is arranged alphabetically. On 28 April 2015, Supreme Court of Virginia Justice LeRoy F. Millette, Jr. announced his retirement effective 31 July 2015. With the Virginia General Assembly out of session, interim appointments are made by the Governor subject to election by the General Assembly at the next regular session. On 27 July 2015, Governor Terry McAuliffe appointed Judge Jane M. Roush as interim Justice of the Supreme Court of Virginia. When the General Assembly convened in special session on 17 August 2015, it failed to elect anyone to the full twelve-year term before the Virginia Senate adjourned sine die. The Virginia House of Delegates did not adjourn and there was legal confusion if the General Assembly was still in session. The Virginia Senate nominated Roush to a full term on 2 March 2016. The House rejected the nomination 38-55. The General Assembly later that session elected Judge Stephen R. McCullough to the vacancy for a full term.
The Regulatory Decisions series is housed in 8 boxes and is arranged roughly in chronological order. This series was processed using minimal processing standards: the records have not been refoldered and the original order maintained. The series consists of regulation review forms, memorandums, recommendations, and summary of regulations.
This series documents the McAuliffe Administration's executive branch review of Virginia's Regulatory Process. Before a regulation become available for public comment on Town Hall, Virginia's regulatory website, it often undergoes review by the Department of Planning and Budget, the responsible Cabinet Secretary and the Governor (via the Policy Office). The Office of the Attorney General also may review the regulation. Each regulation reviewed by the Policy Office usually includes a Regulatory Review Form, memorandum(s) from the Department of Planning and Budget (DPB) and the Town Hall posting. Most of the information in these records is available on the most of file is available on the Virginia Regulatory Town Hall website: https://townhall.virginia.gov/. There are two documents in the files that do not appear online: Governor's Policy Office Regulation Review Form and DPB Regulation Review Memorandum.
The Executive Orders and Directives series is housed in 2 boxes and is arranged roughly in chronological order. This series contains copies of executive orders and directives issued by Governor Robert McDonnell (2010-2014) and Governor Terry McAuliffe (2014-2018). In a few instances, the files include drafts and background information. Copies of the McDonnell and McAuliffe executive orders are available via the Library of Virginia's digital collections and the archived website for each governor.
The Correspondence and Subject files of the Counsel to the Governor series is housed in 13 boxes and is arranged alphabetically by subject. This series contains the records of Carlos Hopkins, Counsel to the Governor (2014-2017), Tracy Retchin, Deputy Counsel to the Governor (January 2104-May 2015), and Noah Sullivan, Deputy Counsel to the Governor (May 2015-August 2017) and Counsel to the Governor (September 2017 to January 2018). Also included are a small number of files created by Khaki LaRiviere, Confidential Assistant to Counsel (July 2016 to July 2017), and Jade Moss, Legal Fellow (2017).
Notable subjects include: Center for Innovative Technology (CTI); Fort Monroe; licensure of abortion facilities; the McAuliffe administration's attempt to expand Medicaid; litigation related to Governor McAuliffe's 22 April 2016 blanket restoration of rights order (William J. Howell, et al v. Terence R. McAuliffe, et al), redistricting (Golden Bethune-Hill, et al v. Virginia State Board of Elections, et al; Gloria Personhuballah, et al v. James B. Alcorn, et al; and Dawn Paige, et al v. Virginia State Board of Elections, et al), and former Governor Robert F. McDonnell (United States of America v. Robert F. McDonnell, et al); same-sex marriage; and the 2015 Virginia Alcoholic Beverage Control/Martese Rashaad Johnson case (restricted). The majority of litigation contains only copies of briefs, decisions, subpoenas, and court opinions.
The 2010 Affordable Care Act (sometimes known as ACA or Obamacare) enabled states to expand their Medicaid program to cover all adults with income below 138% of the federal poverty level. Initially, the federal government fully paid for expansion; it now pays for 90%. The Virginia General Assembly and the Governor Robert McDonnell administration did not agree to expand Medicaid. Terry McAuliffe, during his successful 2013 gubernatorial campaign, promised to expand Medicaid. He was unsuccessful. The Medicaid records in this series document the McAuliffe's expansion attempts including: removing language from the 2014 state budget that appropriated extra Medicaid funds to a Medicaid commission but only if it approved expansion; and a 2016 line item veto of budget language that prevented the governor from expanding Medicaid without its permission. The General Assembly did not recognize McAuliffe's veto; they argued the governor could not veto conditions attached to an appropriate without vetoing the entire appropriation. The Virginia General Assembly approved Medicaid expansion as part of the FY2019-2020 state budget signed into law by Governor Ralph Northam on 7 June 2018.