Governor Pushes Legislators to Fill Judge Seats

By Amber Lester Kennedy Saturday, July 23, 2011

Gov. Bob McDonnell is pushing legislators to resolve vacant judgeships, both in the state’s Supreme Court and in lower courts, including a long-vacant seat in York-Poquoson Circuit Court.

McDonnell sent a scolding letter to House Speaker Bill Howell and Senate Majority Leader Dick Saslaw on Thursday, encouraging them to work together to complete both the redistricting process and judicial appointments. The General Assembly is currently in a special session with no end date scheduled.

A House and Senate Conference Committee has been unable to agree on a congressional redistricting plan. In addition, two Supreme Court seats and eight trial court judge seats were left empty in the last session. In his letter, McDonnell said he was prepared to appoint judges if necessary. “To bring this process to conclusion, the legislature must act promptly by finishing redistricting immediately and adjourn sine die, or elect the judges yourself,” he wrote. “Our courts and our citizens cannot afford further delay.”

York-Poquoson Circuit Court has been without a permanent judge since the 2008 death of former Judge N. Prentis Smiley. Since then, the legislators representing the area haven’t been able to agree on nominations. Sen. Tommy Norment (R-3rd) has supported the nomination of York Juvenile and Domestic Relations Judge Richard AtLee, but the nomination was blocked by former Del. Tom Gear. In 2010, the General Assembly temporarily froze funding for judicial vacancies, but reinstated funding for 21 positions this year.

When Gear resigned from his seat in December, many expected AtLee’s appointment to be approved. But the delegation was unable to agree on a nomination to fill his seat at the Juvenile and Domestic Relations Court, and when judge appointments were announced in April, the York-Poquoson seat was not on the list.

Norment’s legislative assistant Amanda Johnston said the delegation considered Sandy Conyers and Sid Insley for the juvenile court. She said the senator was confident the judges will be elected when the GA returns to Richmond. (Read more about the judge appointment here.)

Del. Robin Abbott (D-93rd), who is running for reelection in the redrawn 93rd district that now includes part of York County, said she’s a huge advocate for getting the seat filled as soon as possible. She’s not on the courts committee that makes nominations, but she said that as a trial lawyer, she knows it’s been hard for lawyers, clients and clerks to work with different judges every week.

Judges’ caseloads have been so heavy, she has had to warn clients it could take three to four years for their cases to go to trial. “I’ve only been a lawyer for 10 years, but I’ve been involved in the legal system for 30 years, and I don’t remember a time when it has been quite as bad as it is now,” she said.

She said Speaker Howell has said he has no control of when the GA returns to session, and needs the cooperation of the Senate. Legislators can be called back to Richmond with 48 hours' notice, and as of Friday, she hadn’t heard anything about going back.

McDonnell finished his letter by thanking the legislators for taking “immediate action to resolve these pressing matters” and asked them to give him a date for when they plan to reconvene.