The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1997, Landmark Communications, Inc.

DATE: Thursday, February 6, 1997            TAG: 9702060430
SECTION: LOCAL                   PAGE: B2   EDITION: FINAL 
SOURCE: Staff writer Laura LaFay and The Associated Press contributed
        to this report.

DATELINE: RICHMOND                          LENGTH:  100 lines

THE GENERAL ASSEMBLY DIGEST

DEQ director wins House confirmation despite attacks

The House of Delegates confirmed Gov. George Allen's nominee for director of the Department of Environmental Quality on Wednesday despite warnings from several delegates that the nominee is ``corrupt'' and ``clueless.''

The appointment of L. Thomas Hopkins was confirmed by a 65-1 vote with 29 delegates refusing to vote and five abstaining. Thomas, a former corporate lawyer for coal and oil companies, has been running the agency since June.

He has come under fire in recent months because of a government report criticizing DEQ for coddling business and failing to enforce regulations, a leaked DEQ memo outlining a political strategy to discredit the report and a New York Times article about the state's poor enforcement record.

Although several delegates stood to denounce Hopkins on Wednesday, others said they would vote for him because it is ``The Virginia Way'' to approve the governor's appointments. Williamsburg Democrat George Grayson, the only delegate to vote against Hopkins' nomination, defined the Virginia Way differently.

``I don't think it's the Virginia Way to harass valued state employees,'' he said. ``I don't think it's the Virginia Way to allow pollution to run rampant. . . to deceive legislative committees. . . and to be ridiculed nationally in The New York Times,'' Grayson told the House.

Some Republicans stood to defend and praise Hopkins.

``I am appalled by this vicious, unwarranted attack which is unprecedented in my 30 years here,'' said McLean Republican Vincent F. Callahan.

``It's not the Virginia Way.''

OTHER RECENT ACTION Judicial oversight reform amendment approved

Virginia lawmakers are making modest reforms to the way the state's judicial oversight agency handles misconduct complaints against judges.

The House on Tuesday approved a constitutional amendment that was considered a first step toward reforming the Judicial Inquiry and Review Commission, known as JIRC.

The amendment would give the General Assembly the discretion to open some JIRC proceedings and records to the public. The state Constitution now requires all proceedings involving judges accused of misconduct to be confidential.

The reform measure is sponsored by Del. C. Richard Cranwell, D-Roanoke County.

Tuesday, the House ordered a comprehensive study to be conducted on how Virginia judges are monitored and disciplined.

And both chambers adopted identical measures that would require the judicial review commission to provide annual reports on how many misconduct complaints were received and how many of those were found to have merit.

As with all changes to the Constitution, the General Assembly must approve the measure again next year. The issue could go before voters as early as fall 1998.

``I would say that any concern or doubt of the public in the way complaints against judges are handled would indeed create a crisis,'' said Sen. Marty Williams, R-Newport News.

And although Del. William P. Robinson Jr., D-Norfolk, led the call for a comprehensive study of the issue, he opposed the reform efforts.

``I think you would open up judges to frivolous charges'' by allowing the public to know about the work of the judicial review agency, Robinson said. A blow for lawyers

Real estate lawyers suffered a blow when the state Senate approved a bill that would allow non-lawyers to handle real estate closings.

The bill was designed to undercut an October decision by the Virginia State Bar to require home buyers and sellers to hire attorneys when closing real estate deals. It passed 28-6 Tuesday, with three senators abstaining because of a conflict of interest.

The Virginia Real Estate Attorneys League - VaREAL - is the chief proponent of lawyers-only closings. It says homebuyers need an advocate to spot potential legal snags in the avalanche of complicated paperwork.

That line didn't buy much sympathy in the Senate.

``We've created a monopoly,'' said the bill's sponsor, Sen. Warren E. Barry. He warned that if the Bar's decision is allowed to stand, as many as 2,000 people who work in the real estate industry could lose their jobs.

Five states require attorneys to perform real estate closings. In nine other states lawyers dominate the industry, said Stephen D. Haner, a lobbyist for VaREAL.

The Coalition for Choice in Real Estate Closings said non-lawyers have been providing quality real estate settlement service for 15 years in Virginia.

``This bill doesn't put anybody out of business, but it protects consumer choice and it preserves competition,'' said R. Brian Ball, a spokesman for the coalition.

The bill goes to the House of Delegates, which has to pass it before it can be signed into law by the governor.

WHAT'S NEXT

Today, sessions start at noon. Each house must complete work on its budget bills. ILLUSTRATION: William P. Robinson Jr.

KEYWORDS: GENERAL ASSEMBLY


by CNB