VCC Magazine Fall-Winter 20-21

V irginia C apitol C onnections , F all 2020/W inter 2021 9 Parking available adjacent to building Phone 804-644-1702 FAX: 804-644-1703 E-Mail: catering@whitehousecateringva.com Web Site: www.whitehousecateringva.com hen it comes to events no one throws a party like David Napier. Known throughout Central Virginia for his wonderful food and hospitality, David is delighted to have opened his catering facility in the heart of Shockoe Bottom. No event is too small or large. Delicious Box Lunches delivered. O ne of Richmond’s most elegant dining rooms is now exclusively available for your private parties and special events. Our award winning chefs produce an array of dishes from steaks and seafood to vegetarian and international masterpieces that will satisfy the most discriminating palate. The Old City Bar is the perfect place to celebrate. Judicial Selection, The Virginia Way By Steve Emmert Hearings on the nomination of Judge Amy Coney Barrett for a seat on the Supreme Court of the United States have focused American attention on the federal judicial-selection process. It’s simple: The President “shall nominate, and with the Advice and Consent of the Senate, shall appoint” members of the federal judiciary, including Supreme Court justices. The President nominates; the Senate confirms (or not, as Judge Merrick Garland can explain). Virginia’s judicial-selection process is different. The General Assembly elects our jurists, usually with no input at all from the Governor. Any judge or justice must receive majority support from each chamber—that is, a majority of the Senate and a majority of the House of Delegates. Even a unanimous vote in one chamber won’t suffice if the other chamber rejects the candidate. Because judicial elections require only a bare majority, bipartisanship is often unnecessary. The majority party can choose any candidate it wants if the same party controls both chambers. This means that Republicans chose judges from 2012 until January 2020; Democrats now wield that power in the wake of the 2019 elections. There’s one special situation where the Governor does play a role. If a judicial vacancy occurs when the legislature is not in Session, the Governor has the power to appoint a temporary replacement. That person’s term ends 30 days after the next session of the General Assembly begins, at which time the legislature elects a permanent replacement—often, but not always, ratifying the Governor’s choice. Terms Unlike their federal counterparts, who enjoy life tenure starting with their confirmation,Virginia’s juristsmust stand for reappointment by the General Assembly. Judges in the district courts—think traffic or juvenile courts—serve six-year terms. Judges in the circuit courts, which convene jury trials, try felonies and large civil suits, and grant divorces, serve eight-year terms, as do the eleven judges of the Court of Appeals of Virginia. Each Supreme Court justice enjoys a twelve- year term. As a matter of practice, the overwhelming majority of jurists who finish a term are reelected for one or more additional terms. In the absence of judicial misconduct or a particularly contentious political squabble, it’s exceedingly rare for the legislature to remove a robe from anyone’s shoulders. Virginia law also imposes another limitation that federal law does not: a mandatory retirement age of 73. Any judge who reaches that age while in office must retire and be replaced in the ensuing legislative session. Retired jurists may serve in senior status when needed. Effect of these differences The life tenure afforded to federal jurists—especially Supreme Court justices—generally magnifies the political implications of filling a seat. This is a large part of why Congressional hearings on Supreme Court nominees have become hyperpartisan: A jurist nominated and confirmed at the age of about 50 can easily serve on the Court for thirty or more years, long after the President who nominated him or her has moved on. This is usually a President’s most durable legacy. Because Virginia’s judicial appointments are less permanent, the partisanship is less intense. For local trial courts, the legislature traditionally defers to members of the local delegation, who are more likely to know the candidates. But traditional wisdom holds that See Judicial Selection, The VirginiaWay, continued on page 11