THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, March 5, 1996 TAG: 9603050005
SECTION: FRONT PAGE: A12 EDITION: FINAL
TYPE: Editorial
LENGTH: Medium: 56 lines
The rise of the GOP in Virginia means the longtime Democratic monopoly on appointing judges is at an end. Republicans would be wise to use their new-found power to put forward the best judicial nominees available.
In Virginia Beach, however, one of the nominees for the bench is chief deputy prosecutor Albert D. Alberi, a controversial figure. He's an even more controversial candidate for an opening on the Juvenile and Domestic Relations Court bench.
This is the second judgeship for which Alberi has been proposed. In 1994 his name was put forward for the General District Court. In a highly unusual assessment, members of the Virginia Beach Bar Association rated Alberi ``not qualified'' for the judgeship.
Alberi was found not qualified when rated on such criteria as ``undisputed integrity'' and ``judicial temperament, which includes common sense, compassion, decisiveness, firmness, humility, open-mindedness, patience, tact and understanding.''
Alberi has won notoriety as a hard-charging prosecutor. He's gotten convictions, but he's also raised eyebrows. In a well-publicized incident, Alberi fashioned a noose during a court recess in a rape case and when criticized called it a joke. In another case, evidence was withheld. Alberi says it was a mistake. In a third case, Alberi wrote a taunting and potentially intimidating letter to a defense witness. A judge found that no laughing matter.
It's a record that suggests zeal sometimes outruns prudence in the chief deputy prosecutor. In an era when many welcome the idea of a hanging judge, some may find the thought of the noose-tying Alberi on the bench attractive. But, at best, his record suggests a streak of injudiciousness not usually sought in a jurist.
Clearly a jury of his peers, the Bar Association members who pronounced him ``not qualified'' for judicial service, had serious reservations. Not every lawyer has the temperament to be a judge, and the Bar Association's concern that Alberi falls into that category should be heeded.
The real question is why Republicans, finally able to recommend judicial nominees, would include the name of a man deemed unqualified by his local bar association. There is no lack of qualified candidates who have practiced law without controversy and can be expected to display a judicial temperament if elevated to the bench.
Other local lawyers whose names are reportedly being considered include former state Sen. A. Joseph Canada Jr., former Del. William O'Brien, Virginia Beach prosecutors Deborah Paxson and Romona Baldwin and Norfolk prosecutor Catherine Dodson. The General Assembly should choose from among them a qualified candidate who inspires confidence. by CNB