Steve Helber/The Associated Press - Senate Democratic leader, Sen. Richard Saslaw (D-Fairfax), left, answers a question as Republican leader Sen. Thomas Norment (R-James City) reacts during a jan. 24 debate on a resolution relating to the election of judges.
The resolution also created two vacancies that would be filled by two new judges, both of whom recently served in the General Assembly: former delegate C.L. “Clay” Athey Jr., a Republican from Warren, and former delegate Clarence E. “Bud” Phillips, a Democrat from Dickenson.
The dispute centered on Athey and Phillips. Democrats said they did not question their fitness for the bench.
Virginia General Assembly: 2012 Guide
“This is not about the qualifications,” Saslaw said
But Democrats said they objected to including them in a resolution primarily meant to reappoint sitting judges. They said the two should be considered with new judges later this month or next.
Until the Senate acted on the joint resolution, both chambers were in limbo and could not conduct any other business, according to the Senate clerk’s office.
The House had, in fact, continued with the rest of its calendar while awaiting the Senate vote. House leaders initially said they were confused about whether they had the authority to carry on or not. The House eventually called a recess until 3 p.m., but continued conducting business when it reconvened at that hour.
As part of that business, the House voted to postpone action on the resolution until Thursday, ending the impasse for the time being.
During a protracted back-and-forth with Norment on the Senate floor, Saslaw acknowledged that Senate Democrats plan, at least for the time being, to oppose any new judicial nominations.
“Does this have to do with judicial selection or going back to bruised feelings about the [Senate committee] organization?” Norment asked.
“I would simply say to the senator that, generally speaking, I don’t get into the motives . . . [behind what Republicans do],” Saslaw replied. “And don’t get into motives of what we do.”
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