Political bias said to affect judicial choices

Partisan politics is generating friction over judicial appointments as Democrats and Republicans push their own candidates for court vacancies in South Hampton Roads.

For example, what lawmakers initially characterized as a review of the fitness of Norfolk Circuit Judge Chuck Griffith for reappointment has developed political undertones.

At the same time, the process of selecting two people to fill judicial vacancies on Chesapeake's Circuit Court is sparking some behind-the-scenes horse trading, according to legislators.

Divisions over whether Griffith should be reappointed boiled over last week, when Senate Courts of Justice chairman Sen. Henry Marsh III,

D-Richmond, and Sen. Kenneth Stolle, R-Virginia Beach, a committee member, exchanged heated words about setting a hearing date for the judge.

Griffith was named to the bench in 2000 and ran as a Republican for commonwealth's attorney in 1992.

Last month, a state senator removed Griffith's name from the list of judges to be considered for an additional term. In a December letter to Del. Johnny Joannou, D-Portsmouth, Norfolk lawyer Allan Zaleski questioned Griffith's suitability for the post, saying Griffith has shown bias in his decisions and has a poor courtroom demeanor. Since then, legislators have received dozens of calls and letters supporting or opposing Griffith's reappointment.

The House Courts of Justice Committee, controlled by Republicans, has set a Friday hearing date for Griffith.

Marsh, who was initially noncommittal, has since agreed to give Griffith a Senate committee hearing. Marsh said he would ask the House to change its hearing to conform with the yet-to-be-scheduled Senate hearing.

Del. W.R. "Bill" Janis, R-Henrico, said Monday that the House courts committee intends to stick with the Friday hearing.

"It doesn't look good if the Senate Democrat leadership is basically perceived as refusing categorically to participate in a process whereby Judge Griffith has an opportunity to tell his side of the story, and where we have the opportunity to hear from folks both against him and for him," said Janis, who leads the panel's judicial systems subcommittee.

Stolle, who lobbied for a Senate hearing for Griffith, said some Democrats' reluctance makes him believe that partisan politics are a factor.

"If they're making up their mind without hearing the facts, it has become political, and I think that's unfortunate," he said. "In the eight years that I chaired the Courts of Justice Committee, there were a number of judges who weren't re-elected, but every judge was afforded an opportunity to give their side of the story."

Sen. Louise Lucas, D-Portsmouth, said Democrats aren't playing party politics.

"We make our decisions based on the interview and qualifications of the candidate, not politics," said Lucas, a member of the Senate courts committee. "Scheduling has been an absolute nightmare."

In addition to deciding whether incumbent judges retain their seats, legislators must name jurists to vacant posts. There are six judicial vacancies on circuit courts in Hampton Roads including the two in Chesapeake: Virginia Beach and Hampton each have one, Norfolk has two.

The two open seats in Chesapeake Circuit Court have prompted the most maneuvering, according to several legislators.

Republican legislators favor prominent Chesapeake defense lawyer John Brown and city Juvenile and Domestic Relations District Judge Rufus A. Banks Jr., according to legislators close to the negotiations.

Several Democratic lawmakers have said they can support Brown, but not Banks, according to sources.

Initially they preferred Chesapeake Juvenile and Domestic Relations Judge Eileen Olds, but more recently substituted Norfolk Deputy Commonwealth's Attorney Marjorie A. Arrington. Arrington confirmed her interest in the post last week.

Democrats have more influence in judicial appointments this year after the party won the Senate majority last November. The GOP still controls the House.

Stolle said that political dynamic has created "a new day in the General Assembly."

"If you have more than one judgeship and you have a split delegation," he said, "I think you have to start to think in terms of compromise."

Norfolk's openings came from the retirement of Judge Jerome James, who had been the court's longest-serving judge, and from the resignation of Judge Alfred M. Tripp, who surrendered his post after a mysterious three-month absence during which, a source said, he was banned from the courthouse.

Courthouse observers speculate that Commonwealth's Attorney Jack Doyle and Jerrauld Jones, a Norfolk juvenile court judge and former delegate, are under consideration for the openings. Both said they are interested in the posts.

Several people are vying for the open seat on Virginia Beach's Circuit Court. City Attorney Les Lilley said Monday that he had a "good interview" on Saturday with members of the local delegation and hopes for an invitation to be interviewed by the House and Senate courts committees in Richmond.

The Virginia Beach Bar Association "highly recommended" Lilley and four other candidates for the post: Glen Huff, president and founder of a local law firm; Ken Geroe, former head of the city's Democratic organization and former vice chairman of the state party; General District Judge Gene Woolard; and Juvenile and Domestic Relations Judge Winship Tower.

Stolle said Monday night that he is hopeful Lilley will get the post. Stolle said Lilley will be invited to Richmond. When asked if other candidates would be brought to the capital, Stolle said, "probably not."

Suffolk and Hampton each have one General District Court vacancy apiece, and Hampton also has one open seat on its Juvenile and Domestic Relations District Court.

Staff writer Richard Quinn contributed to this report.

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

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