Portsmouth judgeship could close over dispute

RICHMOND

Portsmouth could lose one of three judges for its busy General District Court because of a feud between local state legislators over who should be appointed to an opening on the bench.

Del. Johnny Joannou, D-Portsmouth, wants his law partner to get the job, but two state senators want the city's Republican Party chairman.

Joannou, stifled in getting attorney W. Thomas Knowles appointed, has suggested to a legislative leader that the judgeship may not be needed, according to several lawmakers.

That option isn't acceptable, said Sen. Louise Lucas, D-Portsmouth.

"It's unconscionable that backroom dealing would get this seat decertified, placing an inordinate workload on our judges," said Lucas, who along with Sen. Fred Quayle, R-Suffolk, wants GOP leader Bryan K. Meals for the post.

The effort to eliminate the seat is "being done for political reasons because I wouldn't agree to naming his partner to that position," Quayle said, referring to Joannou.

Joannou did not return multiple calls this week seeking comment.

The debate over the judgeship was so heated in the final days of this year's legislative session that the issue was left unresolved when the General Assembly approved other judges last month.

House courts committee Chairman Dave Albo, R-Fairfax, said recently that he called for a review of whether the Portsmouth seat should be abolished after being approached by Joannou.

"I have no clue who supports who for what seat because, frankly, I don't care," Albo said. "It's a dollars and cents thing for me."

Albo said it's hard to justify hiring a judge in a recession when Portsmouth has seen a drop in traffic cases in recent years.

The salary and benefits for a General District judge is $221,965 annually, plus expenses for a staff, according to the Supreme Court of Virginia.

If the seat is abolished, the case load would be split between two judges instead of the three that the court has had for decades.

At present, substitute judges are helping pick up the slack after Judge S. Lee Morris retired on Feb. 1.

Chief District Judge Morton V. Whitlow said losing a judge "would simply delay justice pretty dramatically."

"All of our legislators are aware of the intensity here in General District Court," Whitlow said.

"I think they all appreciate this court could not function with two judges."

Whitlow acknowledged that traffic cases dropped 26 percent between July 2006 and July 2007 - they can fluctuate from year to year depending on the number of police working traffic patrols.

He said, however, that there was no significant drop in overall cases.

Portsmouth City Councilman Steve Heretick, a Democrat and an attorney, said he wishes local legislators had talked with city leaders because he believes the court "has one of the busiest dockets in the state."

"I get real frustrated with the city of Portsmouth and its General Assembly delegation living in parallel universes," he said.

Legislators will have another chance to fill the post when they meet for their veto session next month.

If they fail to act, Portsmouth's Circuit Court could fill the seat on an interim basis.

However, that outcome could create more problems because the Senate next year would likely refuse to confirm an appointment made by the court, said Sen. Ken Stolle, R-Virginia Beach.

"It's a time bomb waiting to happen," said Stolle, a longtime member of the Senate Courts of Justice committee.

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

Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com