Good Proposal From Bill Bolling

I couldn't agree more about the General Assembly getting out of the judge selecting business.

Comments

[Bill]

Typically, the GA will defer to the legislative delegation from a specific area when filling judge vacancies. It's a pretty good system but does favor political insiders and those who have won favor with their elected officials.
The bipartisan comission seems like a good idea. I can tell you from living and working in several states that have elected judges that electing judges is absolutely the worst way to go. On the surface, Bolling's idea seems sound.

[NotGonnaHappen]

This reminds me of Big Debt Bob's proposal for nonpartisan redistricting. I'll bet you $10,000 neither happens any time soon.

[Martin Lomasney]

There needs to be some connection between the governed and the least democratic branch of government, i.e. the judiciary.

If it is taken away from the GA, then the horse trading will go on the behind closed doors of an unelected commission with no accountability to the people.

O'Connor is against the direct election of judges: something that happens in states west and south of Va. She is right on that score. And she would consider the Va. system an improvement over direct election. We don't need our judicial system bought by the insurance companies through campaign contributions which is what has happened in Texas.

In Va., judges are "elected" by the GA for 8 year terms. Local bar associations are asked for their evaluations of the candidates and sitting judges. This system isn't perfect but most are satisfied.

If a judge starts getting flaky, as sometimes happens as they approach mandatory retirement age, they can be not re-elected instead of the having to impeach them.

Until there is a major scandal in Va, hard to see the current system changing.

[CB]

The local bar associations are sometimes motivated by personal friendships, grudges, rumors and power struggles in their evaluations of judges. This can be even worse than being motivated by politics. Bill Bolling's proposal is very intriguing. Does anyone know of other states that handle judge selection that way?

[Not The Lord Chief Justice]

There is no "perfect" or "foolproof" way to select judges. A bipartisan commission will more likely than not be filled with either political cronies or legal insiders.

Some years ago a system was suggested that would have utilized a system of members of the bar and a few appointed "lay" members.

The problem, of course, was that the system would have been state wide and local input would have been advisory, only. Of course, this meant that Richmond's "old boy" and Main Street system would have dominated. They actually had the gall to call it "Merit Selection."

Let me assure you merit would have given way to old school tie selection and that would not have promoted neither excellence nor gender or racial diversity on the bench. Oliver Wendel Holmes would not have stood a chance against "Tucker Tyler Blackstone VII's" worthless brother in law, "Buffy", out in the county in that "merit" process no matter what the "locals" thought.

The current system which leans on local legislators with input from the legislators' constituency is better. At least you can vote the rascals who selected the other rascals out.

If you don't like the selections let's hear about which judges are objectionable and why. You can appear before the courts committees of the House or Senate to object to appointment or reappointment. Of course, if it amounts to a case for removal or other discipline there is the Judicial Inquiry and Review Commission.

[Ghost of RWR]

This is a horrible idea. If Bolling wants to make news, this is a really bad way to do it. There is a very well-vetted approach to this that has worked well. Virginia has a very good record on judges. Not all are perfect, but the current system works and an independent commission, you can be sure, will not be “independent”. After all, they have to be chosen by someone. And if legislators choose a bad judge under the current system, they can and should be held accountable at the polls.

[James Young]

Delegate Scott Lingamfelter is fond of saying "There's no such thing as a self-butchering pig." As the GA would have to approve such a change, it seems an unlikely outcome.

I would agree that the LG's proposal merits discussion, and certainly concur in Bill's comment about elected judges. My concern would be that you substitute one group of political/legal insiders for another. At least at present, those doing the electing of judges are responsible to the electorate.

[change]

Am I wrong on this that, currently the “commission” that vets the judges are the justice committees in the house and senate; and then the legislature votes on the judges?
Forgetting the fact the Gov. McD. trying to streamline government by doing away with a bunch of “commissions”, I would wonder WHO would pick the members of the commissions and would that not be political? Also, would the legislature then still have to vote on them?
Is Bolling saying that a “commission” chosen by one politician is better suited to determine judicial nominations than a panel of elected officials who ultimately may still vote on their passing?

Sounds like another level of political bureaucracy rather than a realistic solution.

[Steve Vaughan]

I don't think there's that much wrong with the curret system.
If we need an alternative, we could go the federal route..governor nominates, General Assembly confirms.
Electing judges is absolutely the worst way to choose them.

[James Young]

While it's worth discussing, I think I concur with Steve. This seems to be a solution in search of a problem.

I'm admitted to practice in Pennsylvania, where we elect judges at all levels. And have suffered a never-ending series of judicial scandals. While we occasionally hear of problems in courthouses in Virginia, it seems to me to be much rarer, and in recognition that no system is perfect, we seem to have the one which is least bad.

[Not The Lord Chief Justice]

One way that the present system could be improved is for the members of the Courts of Justice Committees (in particular the House) stop asking judges up for election or reelection how they would rule in hypothetical cases or in cases which have not come before them. This is a growing problem and should be stopped. No judge or judicial candidate should be put in a position of prejudging issues that have not been properly presented or argued.

[Steve Vaughan]

NTLCJ: Agree. That's a stupidity that began on the other side of the Potomac and spread south.

[James Young]

NTLCJ: Again, I agree with Steve. Also, it seem to me that the problem of judges legislating from the bench is much reduced in Virginia, probably as a function of our term of years regime, as opposed to the life tenure granted Federal judges.

[James Young]

I would add that the "stupidity that began on the other side of the Potomac" is no different than any other electorate asking candidates how they will legislate. Can't really blame them for that, can we?

[Ghost of Ted Dalton]

James and Steve are correct. The current system may have flaws, but it's superior to direct election of judges.

[Not Bubby]

Bill needed a headline, and he got one. Kudos to his campaign manager. Aside from that, this is a big yawn.

[GoldH20]

One can only assume this has become an "issue" because of what happened with the appointment of former Del. Clay Athey to the bench.

Athey was retiring, his district got redrawn, etc., etc.

http://tinyurl.com/7uazjxs

The local bar's recommendations were completely ignored in this situation. Granted, I wouldn't want elected judges, but what happened with regard to Del. Athey doesn't pass the smell test.

Perhaps no elected official should be able to be a full-time judge until 4-years after their term expires.

Also, I think the Gov. can appoint a judge and skip the "normal" process the GA goes through but he chose not to do it for the vacancy that was open. Which, by the way hears more cases than any other in the state.

[Valley Indie]

"The local bar's recommendations were completely ignored in this situation."

I'm calling bullshit on that one. Got a link to some evidence of this?

Athey was unanimously supported across party lines. He is widely respected. Who did the local bar recommend?

[GoldH20]

Valley Indie -

Yeah, I have evidence. Ask any lawyer in town. I believe the bar recommended one of the current substitute judges.

Read the Op-Ed in today's Winchester Star. And, if your a member, search the archives.

Not sure where all the stories on the subject have gone that the N. Va. Daily posted but I know it was more than one.

[Steve Vaughan]

Gold: the governor can appoint, if the General Assembly is not in session at the time. Once they come back into session, they must confirm the governor's appointment. A lot of lawyers don't want to accept the position on that basis, because you give up your law practice and then six months later the GA boots you....who needs that?