Members of the General Assembly may have left the Capitol. But they did NOT adjourn.
Don't ask Senate Majority Leader Scott Surovell about a potential future special session about skill games. He'll respond by pointing out that the General Assembly never really actually adjourned so we're currently in a sort of never-ending special session right now.
"We are in a special session, and the resolution we passed encompasses the possibility of revenue bills, which could include skill games," he explains. "So, we wouldn’t come back for a new special session. It would be part of the same session."
Members of the General Assembly often decide to recess instead of adjourn, in part because it denies the ability of the governor to appoint judges. Former Republican Governor Jim Gilmore says the conflict is often between executive authority and legislative prerogative.
"It's institutional jealousy," says Gilmore. "They have the authority under the Constitution to make those elections, and the judges are very dearly sought. And, the legislators want the credit to the judge of putting them in office. They don't want to allow the governor to get credit for naming that judge."
Tension between branches of government have a long and storied history in Virginia. When Terry McAuliffe was governor, he installed Fairfax Judge Jane Roush to the Supreme Court as a recess appointment. But, when members of the Republican majority returned to the Capitol, they kicked her off the bench and installed someone else.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.