By Philip Walzer
More than half a million people watched the verdict be delivered in the Johnny Depp-Amber Heard trial in June 2022. What got far less attention was what happened in the Fairfax County courtroom five days before.
After she prepared and dispatched the jury for deliberations, Circuit Court Chief Judge Penney S. Azcarate ’88 publicly praised Depp’s and Heard’s lawyers. “It’s much easier being a judge when you have excellent trial attorneys in front of you,” she said. “And I also want to thank the attorneys and litigants for the kindness and the great demeanor you have shown my staff.”
Azcarate went on to thank the courthouse staff, the sheriff ’s deputies and the stenographer “because she is a rock star.” The spectators laughed and applauded, prompting Azcarate to quip, “Well that’s a first.”
But it wasn’t entirely.
During an interview at the plaintiff ’s table, where Heard and her attorneys once sat, Azcarate said she regularly thanks trial participants when she feels they’ve done a solid job. “I don’t say much, but when I say it, I really mean it.” She believes it’s important for not just lawyers but clients to hear their attorneys praised.
The practice coincides with her 3-H philosophy as a judge — honor, humility and humanity. “What I always say to new judges is, ‘I’m honored to do this job every day. I’m never the smartest person in the room. And you’re dealing with people in their worst moments. You want to make them as comfortable as possible.’”
Her Wikipedia entry says she’s best known for presiding over the Depp trial. But she’d prefer the recognition go to her work with veterans. Azcarate, who spent four years in the Marines, established Virginia’s first Veterans Treatment Docket in 2015.
Veterans charged with certain crimes who have substance abuse or mental health problems receive counseling and other social services support. For those who make sufficient progress within two years, the charges are dropped or reduced.
“These are people who fought for their country,” she said. “If they have trouble in their lives because of the sacrifices they made, it only makes sense to help them get back into the community.”
An eye on the FBI
Azcarate grew up in Prince George, Virginia, outside Petersburg. Early on, she wanted to be an FBI agent. Azcarate enrolled in Old Dominion University because she received an ROTC scholarship, and the University had one of the state’s few criminal justice programs at the time. She served as battalion commander for the Naval ROTC, which provided crucial leadership experience.
"Don't mistake my kindness for weakness. I'm kind until I'm not.” - Penney S. Azcarate ’88
Azcarate became a commissioned officer in the Marines because it then offered more opportunities for women than the Navy. She specialized in satellite and radio communications and was promoted to platoon commander, serving seven months in Saudi Arabia. “I learned to manage people from all backgrounds,” she said.
When she left the military in 1992, she planned to apply for the FBI, but the federal government had a hiring freeze. Instead, Azcarate attended George Mason University Law School. Her first legal jobs were with the American Prosecutors Research Institute, the Fairfax County Commonwealth’s Attorney’s Office and Briglia & Hundley, where she represented defendants.
“It really opened my eyes,” Azcarate said. “As a prosecutor, all you think about are the crime itself and the victim. But when a crime is committed, it affects so many people besides the defendant and the plaintiff. It’s a pebble going into a pond.”
When she was at the firm, she also spent time as a substitute judge. She envisioned doing it full-time. “I wanted to decide and interpret law, and I thought it would be a great way to do public service.”
In 2008, Azcarate got her wish. The General Assembly elected her District Court judge in Fairfax County, and she became the court’s first female chief judge in 2014.
Relishing newfound peace
Her biggest surprise was the isolation of her new role. “I was used to going out to different courthouses and seeing clients,” Azcarate said. “Now that you’re a judge, your phone doesn’t ring. You don’t get emails.”
She didn’t mind the change. “I had enough noise at home with four kids, a husband and a dog,” she said. Her husband, Eddy Azcarate ’89, a retired Fairfax police officer, is regional security adviser for Secure Community Network, which consults with Jewish institutions on safety.
Azcarate comes across as personable and down-to-earth but no nonsense. She’s that way on the bench, too.
“You want to make it a livable space where people feel heard and don’t feel shut down. But they have to understand you’re in control of the court. Don’t mistake my kindness for weakness. I’m kind until I’m not.”
She was elevated to Circuit Court judge in 2015 and later became chief judge, again a first for a woman in Fairfax. In Circuit Court, her daily caseload dropped dramatically – from sometimes 150 cases to one or two. But the variety increased, and so did the potential impact.
“Every day there can be something new,” Azcarate said. “You really do see the gray area of the law, and you can make a difference and move the law in a certain direction.”
Circumventing bureaucracy
When Azcarate began encountering veterans with first-time offenses in District Court, she wondered how to help them. She found special veterans courts across the country, but she hit a bureaucratic snag trying to set one up in Virginia. Any “court” must be approved by the General Assembly.
So she changed the proposed wording to “docket.” “Sometimes, you have to go around to get things done,” Azcarate said.
The program has five phases, usually running about two years. Veterans go to court regularly and meet with a team including representatives from the commonwealth’s attorney, public defender, veterans and social services offices, as well as a veteran mentor.
If the veteran fulfills the expectations — including sobriety, therapy and community services — he or she “graduates” from the program, and the charges are dismissed or reduced.
The program operates in all Fairfax courts. As of January, 51 of 86 veterans who began the program had graduated. Azcarate recalled one who had found a permanent job and home and was recently married. “He totally turned his life around from couch-surfing and drinking every night,” she said.
“Most of the time, I give a judgment, and I never see the end of the story. Here, you see them turning into new people.”
Keeping the ‘crazy’ outside the courtroom
A bookcase in Azcarate’s office in the courthouse showcases a display of memorabilia and honors. They include her honorable discharge from the Marines, her 2022 ODU Distinguished Alumni Award and her 2020 President’s Award from the Fairfax Bar Association. One item stands out — a photo of Cecily Strong portraying Azcarate in a “Saturday Night Live” skit about the Depp trial.
Azcarate’s first reaction: They got their research right. “She’s wearing my exact watchband,” she said.
She described the atmosphere outside the courthouse during the six-week trial as “crazy.” One Depp enthusiast brought two alpacas to show his support. Inside the courtroom, though, Azcarate maintained order with what Variety magazine called “a low-key presence.”
“I didn’t want to be the center of attention,” Azcarate said. “It’s about the litigants and plaintiffs having their day in court.”
She acknowledges getting schooled in a few non-legal matters during the trial. One was how celebrities use social media. Azcarate had prohibited Depp and Heard from talking to the press or posting on social media about the trial. But that didn’t stop their camps from pressing their case, so Azcarate amended her order.
“This wouldn’t be in the top 100 cases I’ve tried in terms of legal issues or moving the judicial ball,” she said. But Azcarate saw at least one positive outcome. “I got letters from children who said they want to be a judge now because they watched the trial.”