Kaine appoints three to Norfolk Circuit Court

RICHMOND

Norfolk Circuit Court's long wait for new judges ended Tuesday when Gov. Timothy M. Kaine announced his picks to fill the court's vacancies.

One of the busiest courts in the state, it has functioned for months without one-third of its nine judges, causing case delays and stretching thin courthouse staff.

To fill those seats, Kaine appointed Norfolk Commonwealth's Attorney Jack Doyle, General District Court Judge Louis Sherman, and Juvenile and Domestic Relations Court Judge Jerrauld Jones.

News of the appointments was welcomed Tuesday by courthouse officials who have dealt with the acute pain of short-staffing.

Chief Circuit Judge Everett A. Martin Jr. was elated, though he was unsure when the men would take the bench.

"I hope yesterday," he said.

George Schaefer, the court's clerk, called the appointments "long overdue."

Amid the local elation, however, there remains a sense of foreboding about the unresolved political questions that accompany the picks and the end game they potentially create.

Chief among the concerns is whether the three will be confirmed by legislators when the General Assembly meets in January 2009.

Charged by law with electing judges, the legislature cedes that power to the governor if it fails to act before adjourning. But legislators retain what amounts to veto power over interim picks. Any of Kaine's selections could be ousted early next year if lawmakers don't give their consent.

Another consideration is the fragility of the backroom deal between legislators that brought about the Norfolk appointments. After warring over judge vacancies across the state for much of 2008, the legislature this summer reached an accord to fill many of the posts.

Still, controversy persisted, including a rift between Sens. Kenneth Stolle, R-Virginia Beach, and Yvonne Miller, D-Norfolk, over openings in those localities.

Terms of the tentative deal call for Republicans not to block confirmation of the Norfolk judges. In return, a few Senate Democrats would vote with the GOP to seat Virginia Beach City Attorney Les Lilley on the Beach Circuit Court early next year.

Stolle and Miller did not return calls seeking comment about the appointments.

In a written statement about the picks, Kaine said the three men's "dedication to justice in Norfolk makes them ideal for the job." Administration officials have publicly denied knowledge of a deal.

Meanwhile, the elevation of Doyle, Jones and Sherman also created two lower court openings in Norfolk and a vacancy in the city's top prosecutor post.

Sen. Ralph Northam, D-Norfolk, who helped craft the deal, said legislators have a candidate, whom he did not name, to replace Jones, but have not settled on Sherman's successor.

Sherman, a judge since 1995, and Jones, a former state delegate, did not return calls seeking comment. Doyle declined to comment Tuesday.

Circuit Court judges are responsible for scheduling an election to find Doyle's replacement, though it's likely too late for the Nov. 4 general election ballot, Martin said.

In the meantime, Doyle's chief deputy, Robert Slaughter, will become interim head of the office, said commonwealth's attorney's spokeswoman Amanda Howie.

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

Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com