Attorney General Jay Jones (D) announced Jan. 23 that his office would initiate a “national talent search” as he hires new counsel to represent and advise the University and its leaders in legal matters. The statement said Jones’ office posted the job listing across several higher education professional associations to attract the “brightest” candidates to serve as chief legal counsel for Virginia’s universities.
The national search is, according to Jones, part of an effort to depoliticize Virginia’s higher education system, something supported by several members of the General Assembly. State Sen. Scott Surovell (D-34) and Del. Katrina Callsen (D-54), two legislators who have been critical of alleged U.S. Justice Department interference in University affairs, say Jones’ supposed emphasis on hiring legal counsel on the basis of experience — not political loyalties — is long overdue.
In Jones’ Jan. 23 statement, he decried President Donald Trump’s and the Justice Department’s involvement in University affairs.
“Over the past year, the Trump Administration’s continued politically-motivated assaults on Virginia’s academic institutions have sought to tarnish their reputations,” Jones stated. “Virginians made it clear this past November that they want leaders who will fight back against this federal overreach, and this national search delivers on that promise.”
According to § 2.2-507 of the Code of Virginia, legal matters of public institutions of Virginia are represented by the attorney general’s office or through an appointed assistant. In practice, legal services for the University are provided by this assistant — a full-time chief legal counsel, chosen and supervised by the attorney general.
While Jones fired the top lawyers at two other public Universities — George Mason University and the Virginia Military Institute — Jan. 16, his selection of U.Va.’s new counsel will fill the vacancy created by the departure of former Counsel Cliff Iler, appointed by former Attorney General Jason Miyares (R) in 2022. Iler resigned in November to serve as counsel for the University of Arizona. Barry T. Meek currently serves as the acting University counsel.
Jones’ national search for new University counsel follows months of tension between the Justice Department and the University.
According to former University President Jim Ryan, who resigned in July, the desire to avoid conflict with the Justice Department in order to protect the University’s funding informed the decision to leave his post. The Cavalier Daily reported in September that there were calls from community members for University leaders — such as former Rector Rachel Sheridan — to provide more information about the events that preceded Ryan’s resignation.
State Sen. Creigh Deeds (D-11), who has also been a critic of the Justice Department’s recent involvement with the University, attributed the difficulties of preventing federal overreach to a “cult of personality” within the Republican Party.
“[Miyares] was afraid to do anything that would run contrary to the Trump agenda,” Deeds said. “The Board of Visitors, the Governor’s office and the Attorney General's office basically worked with the Justice Department to not only force Jim Ryan to resign, but to change policy at the University of Virginia and other schools … [Higher education is] just too important to be bound up [in] partisan politics.”
Further, the Justice Department opened seven investigations into University policy, two of which were closed Sep. 12 and five of which are suspended pending the University’s demonstrated compliance with the Department’s interpretation of civil rights law — outlined in the Justice Department’s agreement with the University signed Oct. 22.
According to the Code of Virginia, the University may seek outside counsel in a select number of cases with the attorney general’s approval — something it did when Miyares appointed McGuireWoods LLP, an international legal consulting firm, to represent the University in these Justice Department investigations.
Surovell and Callsen, both of whom were critics of the Oct. 22 agreement and alleged Justice Department interference, shared statements with The Cavalier Daily praising Jones’ desire to hire new counsel for the University. In his statement, Surovell said that any and all legislative measures to protect University autonomy won’t go into effect until July 1 — when bills passed by the legislature and signed by the governor officially become the law.
“President [Donald] Trump and Harmeet Dhillon, [assistant attorney general for civil rights], aren't going [to] stop their legal waterboarding until after July 1, so high quality general counsel can’t wait for U.Va. or GMU,” Surovell stated. “I'm pleased the Attorney General is trying to find our state supported schools … the best attorneys.”
Callsen similarly expressed support for initiatives to ensure University counsel operates independent of political decision-makers.
“Virginia is one of only three states that restricts their public universities to using the Attorney General as their primary counsel,” Callsen explained. “Having independent legal advice to navigate school-specific issues is best practice and a pathway to maintaining political neutrality at our schools.”
Surovell, who has been an outspoken critic of Miyares’ and former Gov. Glenn Youngkin’s (R) approach to University governance, expressed a strong belief that the University community would benefit from the change Jones’ impending appointment of a new chief counsel will bring.
“Anyone is better than installing Heritage Foundation cronies or lawyers who take orders from [former] Attorney General Miyares … [instead] of providing independent legal advice,” Surovell said.
Still, Callsen and Surovell made it clear that they remain strong proponents of Senate Bill 381 — legislation that the pair introduced to the General Assembly which would codify limitations on the attorney general’s control over legal counsel for universities.
Provisions of the bill would give the Board of Visitors control over the University’s legal representation, including the selection of a chief legal counsel. The attorney general’s office would only provide legal representation and counsel to the University upon the University’s request. The Board would still require the attorney general’s approval in settlements of over five million dollars or regarding agreements with the federal Justice or Education Departments.
Callsen said she hoped their bill would pass in the 2026 legislative session.
“We still need to codify best practice and not just hope we have a good [attorney general] like Jones,” Callsen said. “Our bill is based on robust research to support what is best for our state and our schools and I’m hopeful for its passage.”
Deeds said that although he personally trusts Jones’ judgement, he believes the University needs a wall of separation between the attorney general’s office and the University’s legal representation “in the long-haul.”
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