By Natalie D'Antonio

On October 19, 2023, Judge Andrew Wilkinson was fatally shot in the driveway of his home by a party to a custody proceeding that he had presided over the same day.  During his tenure as an associate judge for the Circuit Court for Washington County, Judge Wilkinson was known for his personable demeanor, his professionalism, and his thoughtful manner. In the past, MAJ Trial Reporter’s “Judicial Corner” has published interviews with Maryland’s sitting judges so that the legal community may come to know them better as judicial officers and fellow attorneys.  In the case of Judge Andrew Wilkinson, Judicial Corner serves a different, but great and worthy purpose: the opportunity for the legal community to know an exceptional judge in memorial.

Judge Andrew Wilkinson was born in Agana, Guam in 1971. As the son of a Navy Commander, he lived a portion of his childhood overseas. In 1983, Judge Wilkinson’s family settled in Hagerstown after his mother was hired as the law clerk for Judge Frederick Wright III. Years later, after obtaining his undergraduate degree in economics at the University of North Carolina and then his law degree from Emory University, Judge Wilkinson returned to Hagerstown so that he could also serve as a law clerk for Judge Wright from 1997 to 1998. Today, anyone who walks the halls of the Washington County Courthouse can still find the framed photographs that show both Judge Wilkinson and his mother from their days as circuit court law clerks.

Judge Wilkinson obtained his first job as a practicing attorney when he was hired at Barton & Williams in 1998.  Attorney Bill Barton recalls that Judge Wilkinson, or “Drew,” excelled as an associate and handled a large variety of legal matters. Barton remembers, “we needed someone to hit the ground running at our practice and he immediately proved he could handle anything we put in front of him. He was personable and hardworking, and worked his way up quickly to being a partner at the firm.” Barton added, “there are no words to adequately express the shock and pain that our community is experiencing. We all feel a tremendous loss.”

As his legal career progressed, Judge Wilkinson also worked to give back to his local community. He volunteered with Washington County Food Resources, Inc. between 2004-2012 and was a dedicated member of the Downtown Rotary. He also served in various leadership roles for the Hagerstown Young Men’s Christian Association (YMCA). Dawn Vanderau, Judge Wilkinson’s colleague and legal assistant for over 25 years remembers that Judge Wilkinson was “extremely dedicated to his community and loved coaching youth soccer.” She states, “I remember seeing a picture of him with one of his soccer teams where he was holding up a legal pad and drawing a picture of the field to direct the kids where to go for the next play. He was surrounded by five-year-olds who were completely engrossed in what he was teaching them, and you could tell how much they enjoyed having him as their coach.”

In 2006, Judge Wilkinson joined the Washington County Attorney’s Office and worked with fellow attorney, Kirk C. Downey. Downey, now the County Attorney for Washington County, shared, “Drew was incredibly intelligent, gifted in the law, and was a great colleague and friend. His door was always open, and he was always up for discussing cases that we were working on.” After working as an Assistant County Attorney for six years, Judge Wilkinson joined the Divelbiss Law Firm and began representing private entities in land use litigation cases. After Judge Wilkinson moved back into the private sector, he and Downey became opposing counsel on several cases. Downey recalls that Judge Wilkinson was “the kind of attorney you wanted on the other side because you could be confident that there would be civility, respect and collegiality across the aisle.”  

During this time, Judge Wilkinson litigated a precedential case appealed to the Maryland Supreme Court. In Board of County Commissioners v. Perennial Solar, LLC, 464 Md. 612 (2019), Judge Wilkinson successfully argued that state law preempted local zoning authority with respect to approving the installation and use of solar energy systems. In 2018, Judge Wilkinson hung out his shingle and began his own practice focusing on land use and complex litigation for solar farms. “I remember he was ready to go out on his own and he did very well. I was incredibly proud to be able to go with him and keep working with him,” Vanderau says. “He was an amazing lawyer, but I also knew from the very beginning that it was his dream to become a judge.”

On January 10, 2020, Judge Wilkinson was appointed to the bench in the Washington County Circuit Court by Governor Larry Hogan. Once appointed and sworn, he made immediate efforts to get to know the other members of the courthouse. Attorney Bruce Poole, who knew Judge Wilkinson since childhood, has fond memories of the Judge’s first few months on the bench. “I remember the first thing he did was get out of chambers and go out to meet the deputies, clerks, and court personnel,” Poole says. “He was personable, professional and was determined to be a top-flight judge from the very beginning.” Poole remembers that even in the earliest days of his judicial career, Judge Wilkinson exhibited an even-tempered and personable demeanor. “He operated his courtroom with a very organized and definable system and gave everyone who appeared before him a fair shot. He had the attitude of ‘get there early, stay late, and always learn something.’”  

As Judge Wilkinson settled into his position, he developed a reputation for being fair-minded and thoughtful with his judicial rulings. Attorney Ken Berman appeared before Judge Wilkinson once and immediately appreciated his professional qualities. Berman recalls, “when I appeared before Judge Wilkinson, I had never met him before, but he left such a lasting impression.” Berman recalls that the appearance entailed a 3-hour hearing pertaining to a complex Maryland Health Care Malpractice Claims issue. He describes that during the lengthy hearing Judge Wilkinson was “patient with the parties and judicially smart, but also exhibited a degree of humanity and realism.” After the hearing, Judge Wilkinson issued an 18-page judicial opinion that Berman felt “exhibited the Judge’s understanding of the complex legal issues and went above and beyond to provide a well-reasoned, thoughtful, and articulate opinion that considered both the law and the logistics of the situation.”

Former sheriff’s deputy and bailiff for Judge Wilkinson’s courtroom, Chuck Kauffman also held Judge Wilkinson in the highest regard. “During my 50-year career as a police officer I got to know many judges in Washington County and Judge Wilkinson was irreplicable,” Kauffman states. Kauffman remembers Judge Wilkinson as dedicated and engaging and appreciated that he was “the same amicable and professional guy both on and off the bench.” Kauffman compared Judge Wilkinson to Judge Irvine Rutledge; a beloved Washington Circuit Court Judge for whom courtroom number 4 is named in the County Courthouse. Kauffman also recalls that on the bench, Judge Wilkinson was always “the most prepared person in the room.” According to Kauffman, Judge Wilkinson reviewed every pleading and document submitted by litigants and was thoroughly prepared for every case.

For those who worked with him on a day-to-day basis, it was Judge Wilkinson’s humanity and compassion that were his greatest qualities. Vanderau vividly recalls one occasion where Judge Wilkinson spoke to a child whose parents were participating in a protective order hearing in his courtroom. “I remember the child was sitting outside of the courtroom and Judge Wilkinson immediately saw him waiting there for his parents,” Vanderau says. “He got down on one knee in his robe and spoke to the child to tell him that it was going to be ok, that he didn’t do anything wrong, and that he was going to have a quick talk with his parents. It was right then and there that I knew that Drew was doing exactly what he was meant to do.”

As the Maryland legal community continues to mourn the loss of Judge Wilkinson, his friends and colleagues keep his memory strong. “He would have had another 18 years on the bench” Kauffman says, “and we have suffered an incredible loss, but it was an honor to know him.”  As the community moves forward, it is clear that the greatest way to honor the memory of Judge Wilkinson is to emulate the altruism, professionalism, work-ethic and even-handed practices that he exhibited both in and outside of the courtroom every day.