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Try Merit
 
Friday, Apr 25, 2008 - 12:09 AM 
 
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The General Assembly ended Wednesday's veto session with several judgeships and a seat on the State Corporation Commission unresolved. A proposal to elevate Henrico Circuit Judge Catherine Hammond to the SCC and to install Mary Bennett Malveaux in what would have become Hammond's former seat failed. The legislature also did not confirm several judges in south Hampton Roads.

The original Hammond-Malveaux package enjoyed bipartisan support but languished in part because of a war regarding turf and egos. Other factors likely contributed to the collapse. Legislators may have decided they wanted Gov. Tim Kaine to fill the SCC vacancy. There's more than Santa Claus rooting around in the dark, as Henry Howell used to say.

Both parties share the blame for the pathetic partisanship that affected Hampton Roads.

Certain legislators reacted to the systemic incompetence with nonchalance. To some, judges are no big deal. The governor has powers to appoint in the absence of Assembly action. Life goes on. Well. The problem is that responsibility for naming judges falls first on the General Assembly. A legislature committed to doing its duty would finish the job. It would not pass the buck -- and then shrug.

Judicial selection proves difficult even when one party controls both chambers. The prospect of a prolonged period with a partisan split between the State Senate and House of Delegates further complicates the situation. Will the prospects of persistent bickering lead both parties to recognize that a system of merit selection would be to their mutual advantage?

The quality of Virginia's judges is high. Most individuals rising to the level of trust a judgeship implies boast meritorious credentials. That's not the point. The objection is that the process for selecting judges is a borderline farce. It's possible the unseemliness of the proceedings discourages talented persons from seeking positions on the bench. During his years in the State Senate, Lt. Gov. Bill Bolling offered a better way. He authorized an independent panel to vet judicial candidates and to make recommendations. Other legislators moved toward merit, too. Attorney General Bob McDonnell has supported merit.

This year's laugh-fest suggests the Assembly ought to write merit selection into state law. We remain confident the reform will occur -- about the same time the commonwealth's statesmen and diplomats abandon gerrymandering and embrace non-partisan redistricting. Virgina's cup runneth over with pride.

 
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