The panel created by Governor McAuliffe to recommend changes to state ethics laws is tackling an issue that’s not typically associated with conflicts of interest: the way that Virginia chooses judges.
The Governor's Commission on Integrity and Public Confidence in State Government says the quality of the state’s judiciary overall is excellent.
In Virginia, the General Assembly selects judges. Between sessions, governors fill vacancies, but appointees are subject to legislative approval the next year. Sometimes there’s broad bipartisan consensus. But panel co-chair Bill Bolling says other times there are regional, partisan, or inter-chamber disputes.
“It’s almost like, you know, trading horses. And it’s kind of like ‘Well, I’ll give you a judge this year but you give me a judge next year.’ Or ‘I’ll give you two judges for that judge.’”
He says lawmakers also may be deadlocked.
“The governor makes an appointment. The next session, the legislature doesn’t agree. Then you’ve got some lawyer that’s given up their practice and become a judge-and now all of a sudden, they’re not a judge.”
Co-chair Rick Boucher notes that Virginia Bar Association volunteers review candidate qualifications only for the Appeals and Supreme Courts.
“I am troubled by the absence of any screen for quality with regard to candidates for the circuit courts, the general district courts, and the J&DR [juvenile and domestic relations] courts.”
Reforms under consideration include expanding the Bar review panel with paid investigators, regional review panels, and a more formal, uniform process statewide.
The commission met on the same day that Governor McAuliffe announced his selection of Fairfax County Circuit Judge Jane Marum Roush to serve on the Virginia Supreme Court. McAuliffe made the appointment because Justice LeRoy Millette announced his retirement when the General Assembly was not in session. The selection will be subject to legislative approval.
