RICHMOND--
When the legislature adjourned its special session last week, it did so without appointing new judges for vacant seats.Gov. Tim Kaine will now fill most of those appointments, but the legislature will have to approve his nominations in January.
That means an uncertain future and possibly temporary appointment for any new judges the legislature doesn't like.
Two local lawmakers, however, have promised to support the approval of two local candidates.
Sen. Edd Houck, D-Spotsylvania, and House Speaker Bill Howell, R-Stafford, are writing letters to Kaine and to 15th Judicial Circuit Court Chief Judge J. Martin Bass, urging the appointments of Stafford attorney Michael Levy and Fredericksburg Commonwealth's Attorney Charles Sharp.
Levy is being considered for a Spotsylvania General District Court judgeship, which was left open when Judge Joe Ellis was appointed to a circuit court position earlier this year.
The circuit court judges appoint interim General District judges, when the legislature fails to fill vacancies as it did this year.
Kaine fills other vacancies on a temporary basis when the legislature can't agree, and Howell and Houck are backing Sharp to be appointed to the circuit court, to replace Judge John W. Scott Jr., who died earlier this year.
Houck, as a member of the majority Democrats in the Senate, and Howell as leader of the majority Republicans in the House, say they expect their caucuses would support their preferences for those judges, and so they're essentially promising that if the two men are appointed, they'll be confirmed by the legislature.
"We thought putting it in writing would remove any question," Houck said.
Howell agreed, saying that any candidate for an interim appointment is taking a chance that the legislature won't approve.
"I don't think we can get good quality candidates unless we can assure them they'll be re-elected in January," Howell said.
Both Levy and Sharp have the endorsement of the local bar association as well.
While there was some disagreement among local lawmakers regarding an earlier judicial appointment--attorney V. James Ventura had been in the running, but wasn't supported by Howell--the continued vacancies in those local judgeships is more the fault of legislators in other areas of the state fighting over their own judicial nominations.
Legislators have been unable to agree on judges in the Tidewater area, as well as an State Corporation Commission appointment.
However, the lack of judicial appointments to fill vacancies is taking a real toll on the courts, Houck said.
"There's heavy caseloads, they're having to bring in substitute judges, these vacancies cause a real practical problem with the administration of justice in the cases," Houck said.
Kaine has said he hopes to make his nominations by the end of this month.
Chelyen Davis: 804/782-9362
Email: cdavis@freelancestar.com