The politics of gridlock has now infected judicial selection in Virginia in much the same way it has for years in DC. The partisan gymnastics of both parties triumph over the public interest. Compromise is elusive and where judges are involved the pursuit of justice suffers.
But if a few litigants do not get their cases reviewed by the Supreme Court or the workloads of some judges impair the quality of legal craftsmanship, this-to the politicians–is but a trifling side effect of nobler pursuits-gaining some partisan advantage in the never-ending political battles of Ds vs. Rs.
To focus on one of the stalemates: the two vacancies on our Supreme Court. News reports say that the Democrat controlled Senate and Republican controlled House of Delegates agree that each should choose one member of the Supreme Court. Agreement falters because each choice currently sits on the Court of Appeals thus leaving two vacancies there. Republicans say they should pick both because they control the House and have the Governor. Democrats say each should pick one because judges are selected by the legislature which is evenly divided.
It should not go unnoticed that picking the best qualified person to sit on the state’s two highest courts regardless of perceived political preferences is the first casualty. Sad indeed, but that is nothing new! Fortunately, we are blessed in Virginia with an outstanding judiciary at all levels in spite of this infirmity.
If serving the public interest were the sole focus, a compromise could be found. Though far less than ideal but vastly superior to gridlock would be to flip a coin! Heads the GOP picks both; tails they each get one!! Seriously, in the less than adult world of partisan politics this method passes the smell test!!
There are ten judges on the Court of Appeals and the bottom line is we are talking here about the identity of one of them-the GOP’s second choice vs. the Democrat’s choice-both of whom are presumably qualified!! Surely filling all four vacancies now-or months ago-is more important than the identity of one judge, right?
Well the answer obviously depends on the values we serve. Justice and common sense vs. partisan advantage!!
I know many of the members of the General Assembly and they are for the most part good and decent men and women. Contrary to the impression their behavior often conveys, they care about Virginia. They believe they are making the right decisions.
But in allowing justice to suffer by reason of this type of deadlock, they are not. Surely, we can do better.
Wyatt Durrette is a Director at DurretteCrump, PLC and co-founder of the XDL Group. He served three terms in the House of Delegates and was the Republican candidate for Governor in 1985.
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