Deal could fill open judgeships in Norfolk, Virginia Beach

RICHMOND

A months-long debate on the appointment of judges in Norfolk may finally come to an end with a tentative deal hammered out recently by Republican and Democratic lawmakers.

If consummated, it would result in the elevation of Norfolk Commonwealth's Attorney Jack Doyle, General District Court Judge Louis A. Sherman and Juvenile and Domestic Relations Court Judge Jerrauld C. Jones to the Norfolk Circuit Court, several legislators involved in the negotiations said.

The appointments could happen before the General Assembly reconvenes in January. Then early next year, Senate Republicans would nominate Virginia Beach City Attorney Les Lilley for an opening on the Beach Circuit Court, according to state Sens. Kenneth Stolle, R-Virginia Beach, Ralph Northam, D-Norfolk, and other legislators.

A running feud over judges between Stolle and state Sen. Yvonne Miller, D-Norfolk, stalled the selection of judges in both localities this year.

While this proposal would resolve that dispute, it likely would widen the personal and political rift between the two senators.

Stolle, one of the architects of the compromise, said there is a critical need "for Norfolk to get judges on the bench."

The city's Circuit Court, one of the busiest in the state, has been operating without one-third of its nine judges for months.

Restoring a full complement to the court could be one result of the deal. Another would be that Stolle gets his way on the Virginia Beach appointment over which he and Miller have jousted.

A legislator since 1984, Miller contends she has been frozen out of picking judges in the past.

This year, she sought to wield more power now that Democrats hold a slim majority in the Senate.

Instead of appointing Lilley to the Beach Circuit Court, Miller wanted to select General District Court Judge Gene A. Woolard.

In response, some Republicans blocked the filling of Norfolk judicial vacancies.

Miller expressed surprise this weekend at word of the plan.

"My stance has always been that Virginia Beach has nothing to do with Norfolk judges," she said.

The framework of the compromise, which was agreed upon Friday evening, hinges on two principles.

First, members of the Republican-controlled state House of Delegates would pledge not to block the confirmation of the three Norfolk judicial appointments if Gov. Timothy M. Kaine names them before the legislative session starts in January.

By law, the General Assembly picks judges in Virginia. However, that authority goes to the governor if lawmakers fail to act by the time the annual legislative session ends. But they retain the power to affirm or reject interim appointments when they return to Richmond.

Northam said he will vote to appoint Lilley and has commitments from two Senate Democrats who will join him in voting with Republicans.

"It's just a tremendous void we're obligated to fill," Northam said about the vacancies.

He said his decision isn't a sign of disrespect to Miller.

One Democrat who won't abandon Miller is Sen. Louise Lucas of Portsmouth.

"I'm supporting Yvonne to the very end," she said.

Virginia Beach Republican Del. Sal Iaquinto said House Speaker William Howell,

R-Stafford, is open to a deal that has support from legislators whose districts it would affect.

Lilley and Sherman declined to comment, and Doyle and Jones did not return phone calls.

Pilot writer Michelle Washington contributed to this report.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com