Norfolk big loser on judge showdown

In theory, Virginia is one of only two states where the legislature appoints judges. But the reality is that lawmakers are increasingly incapable of handling one of their most basic, but crucial, tasks.

Disagreements over a handful of bench assignments escalated this winter as warring lawmakers retaliated against each other by withholding approval for non-controversial candidates.

After a cooling off period, legislators freed most of the robed hostages on Wednesday, but they failed to fill 11 judicial posts, including three circuit court judgeships in Norfolk and one in Virginia Beach.

Hampton Roads bears the brunt of this meltdown in large part because of a standoff between Republicans and Sen. Yvonne Miller. The Norfolk Democrat has been elbowed out of judicial decisions for all of her 25 years in the legislature, both by Republicans and a decade ago by old-guard Democrats from Norfolk.

Because of her past mistreatment, Miller deserves some latitude, and her opinions should be respected. Still, Miller has a responsibility to make decisions based on the merit of the candidates and the needs of her community. Instead, her obstinacy clouded her judgment.

Miller asserted her right to fill a circuit court vacancy in Virginia Beach, where she represents just three precincts. Republicans, who control a majority in the city, refused to accept her choice and blocked three appointments to the Norfolk Circuit Court.

All four bench posts will now be filled by Gov. Tim Kaine. Miller rightly anticipates that the Democratic governor will confer with her on those appointments. However, she ignored warnings that she has put some of her favored candidates in a precarious position.

Juvenile Court Judge Jerrauld Jones, General District Judge Louis Sherman and Commonwealth’s Attorney Jack Doyle all know that if they accept the governor’s interim appointment, they could be removed by spiteful lawmakers next year, or perhaps during a special session this summer.

A parade of Hampton Roads lawmakers, both Democrats and Republicans, trooped over to Miller’s desk in the Senate on Wednesday and pleaded with her to make a deal.

“She didn’t say no,” Del. Ken Melvin reported after his aborted try. “She said, 'Hell, no.’”

Miller undermined her own position by allowing Norfolk candidates to be endorsed by a majority vote of the city delegation, while vigorously opposing the same process in Virginia Beach.

The cost to Norfolk is too great. To get the judge of her choice in Virginia Beach, she’s giving up three in her hometown. Norfolk’s circuit court is overburdened and needs immediate relief. Some bright legal minds may be lost to the skirmishing.

More broadly, the debacle erodes public trust in the state’s system for selecting judges. In many states, judges are chosen by popular election, a method fraught with partisan mischief. Other states put governors in charge. There is merit in allowing legislators, who are closer to their communities, to choose judges. If lawmakers want to retain that responsibility, however, they must prove they are still capable of doing the job.