The Story of a Storyteller: Forty Years of Tales from Henrico County Attorney Joe Rapisarda

Only Change Stays the Same

Rapisarda’s staying power stemmed from his appreciation of the intellectual challenge and the opportunity to untangle complicated issues for clients. “We become lawyers because we like people, and we like to solve their problems,” he said. While a firm lawyer or solo practitioner may develop a specialized practice over time, a county attorney must stay abreast of the evolving legal field across a wide variety of issues. “You have to keep up,” he said. “It’s a lot of reading, but I always was the bookworm type.” Rapisarda says that his one career regret is that he never served as a judicial law clerk. Calling them “smart and well-rounded,” he noted that clerking provides invaluable insight into the courtroom that simply cannot be replicated.
 

The Impact of a County Attorney

After dedicating his life to his community, Rapisarda reminisced fondly about some of his major contributions. As county attorney, his client was not one individual, but Henrico County's governing body and the community as a whole. One of the biggest reasons Henrico County was able to evolve from a bedroom community to one of the largest in the Commonwealth was due to riparian rights, that is, the rights that attach to waterfront property by virtue of that property meeting the shoreline. Rapisarda was part of the legal team that negotiated access to the James River, attaining a long-term contract that gave Henrico County an independent water source with no need to purchase it from another entity. The effect of this negotiation spiraled out in helpful tendrils over the years, enabling collaboration with other communities.

Rapisarda also made more concrete contributions, literally. Many county attorneys such as Rapisarda create community development authorities (CDAs) that enable shopping centers to spring to life. CDAs are local entities that distribute loans to prospective builders and dissolve once the loans are repaid, often soon after their projects come to fruition. Residents who live near Short Pump Town Center, the Shops at White Oak Village, or Reynolds Crossing, will feel the lasting economic benefits for many years, none of which would be possible without the work of the County Attorney's Office.

Over his 40-odd years, Rapisarda handled a number of interesting cases. One of his early cases, Bernstein v. Menard, set a precedent regarding awarding attorney fees in a frivolous lawsuit. Bernstein was a high school student who played trumpet in the local high school band. After a shouting match with the band leader, Bernstein was told he would not be allowed to perform on the field with the rest of the band for the football game. Bernstein's parents promptly filed a lawsuit arguing that banning him from performing on the field would psychologically damage him. The night of the game, Rapisarda was called to attend a hearing at the judge's home.

After the 20 minute hearing, the judge dismissed Bernstein's claim and ordered Rapisarda to calculate how much time he had spent on the case, in order to file a motion for attorney's fees. The judge then sent the family on their way, but not Rapisarda. Like a student held back after class, Rapisarda was not sure what to expect. He was surprised when the judge offered him a drink. Rapisarda and the judge spent the evening talking about the law over cocktails.
 

The Long View

Since graduating from the University of Virginia in 1975, Rapisarda has seen a number of changes to the legal field. Most notably, he says, is the amount of technology available to lawyers. He sees the advent of so many tools as a double-edged sword: lawyers are able to do more research more quickly, but there are increasingly steep expectations. "I used to go into courtrooms with a couple of files, and now when you go to court you have dollies and there is a sheer mass of material," he said. With the explosion of mediation and alternative dispute resolution, he muses about what the dwindling number of trials will mean for new and future lawyers, whose interpersonal skills, honed in the office and tested at trial, may be sidelined to make time to focus on the ever-changing technological field.

Public lawyers should remain apprised of changing times, as local concerns can often shift with the advent of new social movements or technology. For example, Rapisarda predicts that qualified and sovereign immunity will be examined in the near future. Despite coming under criticism, sovereign immunity has for years remained largely unchanged, particularly in Virginia. In one of his first cases in the early 1980s, Rapisarda represented the school principal in Banks v. Sellers. Banks, a student, had been stabbed by another student while on the school bus, and filed suit alleging that the principal failed to maintain a safe environment by neglecting to install metal detectors in the school. Rapisarda believes that the court's decision holding that the principal was immune was a clear and easy decision back then, but it may be decided differently today in light of school safety issues.

Fit is Everything

For those who are thinking about working in local government, Rapisarda recommends that they look for an office that suits their desires and passions. Like law firms, offices can vary in atmosphere, size and practice. Over the years, Rapisarda has watched his office nearly triple in size. Compared to the nearby Fairfax County office of 40 lawyers, Henrico’s 14 is still comparatively small. Most important, he notes, is that you find a job that makes you happy. “If you find a good job, stick with it. You pass it down, pay it forward. The budget often has to play catch-up, but the financial reward does get there eventually—and you’ll have a balanced and well-rounded lifestyle in the meantime,” he said.
 

What Comes Next

Rapisarda intends to maintain his connection to the legal community so that he can return to the courtroom if the itch to solve problems returns. For the next phase of his life, he sees endless opportunities for simple pleasures—finishing all of those half-completed yard projects, seeing his son’s musical performances, getting back out on the tennis court, and taking Abby, his springer spaniel, to all of these activities. “I don’t have a grand plan, but I am looking forward to skewing my life’s balance toward recreation.”