Bickering in Va. General Assembly Leaves Judicial Posts Open

While a state delegate, Virginia Attorney General Robert F. McDonnell (R) wrote a bill creating a panel to review judges' performance before they are reappointed. He said the state constitution makes the judicial process "inherently political" but legislators are later held accountable for their choices.

"It's not fair to judge the process by what happened in 2008,'' McDonnell said. "I think we'll get through this."

This year was complicated by disputes in Hampton Roads. Virginia Beach legislators accused a Norfolk senator of interfering in the local selection process, and many legislators across the state opposed the selection of a delegate's sister to the bench.

The General Assembly picked 23 judges, as well as one member to sit on the Workers Compensation Commission and three members to sit on the panel that reviews complaints against judges. Five of the circuit, general district and juvenile and domestic relations judges were from Fairfax County, Prince William County and Alexandria.

Along with the coveted seat on the State Corporation Commission, a dozen other judicial vacancies were not filled.

Legislators are again talking about debating some of the vacancies during their special session on transportation, set to start June 23.

If they do, Kaine would be left to appoint the circuit court judges and fill the corporation commission vacancy. President Bush has nominated Virginia Supreme Court Justice G. Steven Agee to the U.S. Court of Appeals for the 4th Circuit. If confirmed, that would leave another vacancy for him to fill.

Circuit court judges are tasked with filling the remaining lower court judicial vacancies.

All the appointments require confirmation by the General Assembly when it returns for its annual session in January.