Vacant Judge Seat in York Creates Challenges

By Amber Lester Kennedy Monday, July 18, 2011

In March, it seemed the long-vacant judge seat in York County-Poquoson Circuit Court would be filled.

All of the previous obstacles had been removed – the Senate had funded the position, and Del. Tom Gear, who had previously blocked the nomination of Juvenile and Domestic Relations Court Judge Richard AtLee, had resigned. But today, the seat remains empty and it isn’t clear if it will be filled soon.

The General Assembly filled 14 vacant judgeships on April 28, but the York-Poquoson Circuit Court seat wasn’t one of them. The Senate nominated AtLee. At the time, Tara Perkinson, a deputy clerk for the Senate of Virginia, said the House had not made a nomination. Both houses have to elect the same candidate, so the seat was not filled, she said.

Gear’s replacement, Del. Gordon Helsel (R-91st), said the delegation was united behind AtLee, but couldn’t agree on an appointment to fill his seat if he left the Juvenile and Domestic Relations Court. “The delegation made selections, but the Senate rejected those nominees,” he said on July 8. He was confident judges will be nominated when the General Assembly is next in session. “Then again, I’m brand new to this.”

Sen. Tommy Norment, who has championed AtLee for years, is hopeful the election will occur when the General Assembly returns to Richmond to address Congressional redistricting, according to legislative assistant Amanda Johnston. She did not confirm whether Norment disagreed with the delegation’s nominations for the Juvenile and Domestic Relations seat. Del. Brenda Pogge, whose district includes parts of York, did not return phone calls or emails.

The judge seat at York-Poquoson Circuit Court has been empty long enough to become a new normal. Lawyers with civil cases have learned not to expect court dates to come quickly or easily; criminal lawyers realize they won’t know who will preside over their cases until, at best, a week before a hearing.

For now, Williamsburg-James City County Circuit Court Judges Samuel Powell, R. Bruce Long and Thomas Hoover preside over York’s criminal cases. Substitute judges, most of them retired, preside over civil cases. The situation is challenging for everyone, said Eileen Addison, Commonwealth’s Attorney for York County.

“Judges Powell, Long and Hoover all do a very good job, but they all do things a little bit differently and move at a different pace,” she said. “It’s difficult on everyone involved because if you don’t know who the judge is going to be, you don’t know how things need to be done.”

In her cases, it’s been challenging to advise witnesses and victims on how to prepare for court. “Usually you can say the judge is like this, the judge is like that, but if you don’t know who the judge is going to be, it’s hard,” she said. “Every time they go into the courtroom, they may be seeing a different judge. It produces anxiety for any witness to have to testify.”

She said criminal cases have taken precedent, causing civil cases to drag out longer than normal because they can’t get court dates scheduled. “The clerk’s office has said they’ve had a lot of difficulty finding people to take the civil dockets,” she said.

The York-Poquoson Circuit Court has not had a permanent judge since the 2008 death of former Judge N. Prentis Smiley. The appointment of a new judge was delayed because Norment and Gear, who resigned in December for health reasons, couldn’t agree on a pick for the seat. In 2010, the General Assembly temporarily froze funding for judicial vacancies, but reinstated funding for 21 positions this year. Eight remain open throughout the state.