Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, January 25, 1995 TAG: 9501250058
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
If the General Assembly appoints Koontz to the Supreme Court, he would become the court's only justice from the Roanoke Valley or Southwest Virginia - a point that some area legislators are emphasizing as they support his candidacy.
Koontz, who serves on the Virginia Court of Appeals, was considered a leading candidate for the Supreme Court in 1987, but saw the opportunity slip away when the Roanoke Valley delegation failed to unite behind him.
This time, Koontz appears to be the only candidate from the Roanoke Valley, as the area's lawmakers seek to ensure that a judge they all consider to be highly qualified does not fall victim to political maneuvering.
``We all want a Supreme Court justice from Southwest Virginia, but for that to happen, we all have to be united,'' said Del. Morgan Griffith, R-Salem.
Although Democrats control the appointment of judges and Supreme Court justices in Virginia, local Republicans also are lining up behind Koontz's candidacy.
"I have heard no dissention," Griffith said.
Del. Clifton ``Chip'' Woodrum, a Roanoke Democrat who serves on the House Courts of Justice Committee, said that Koontz will ``have a great deal of support'' when the General Assembly fills the position in the coming weeks.
The vacancy was created this month when Justice Henry H. Whiting announced that he will retire June 30.
Ironically, Whiting ascended to the high court as a compromise candidate when Koontz's 1987 bid fell through. After Roanoke-area delegates settled on Koontz with the flip of a coin, the process was deadlocked when the Senate backed former Attorney General William Broaddus, leading to Whiting's appointment.
This time, Roanoke Valley lawyers and legislators hope to seize the chance to appoint one of their own to the Supreme Court. With the exception of Justice Roscoe Stephenson, who is from Covington, all members of the seven-justice court are from the Richmond, Tidewater or Northern Virginia areas.
Although Koontz is the only person from Southwest Virginia to express an interest in the vacancy so far, there is no guarantee that the job will go to someone from this part of the state.
``The legislature may consider geographic diversity as one factor, but there's no such thing as a Richmond seat or a Roanoke seat,'' said Charles Williams, president of the Roanoke Bar Association.
``Technically, having a geographic balance on a court ought not to matter,'' said William Wilson, a former delegate from Covington who now sits on the Virginia State Bar's committee on judicial nominations.
``But it does as a practical matter, because you want someone with a feel for what's going on in the southwest portion of the state,'' Wilson said.
For example, lawyers said, a justice from Southwest Virginia might have a better perspective on the dispute over fines levied against striking coal miners or a lawsuit over disparity in educational funding for rural school districts.
Koontz is likely to face opposition for the vacancy, but so far, little seems to have surfaced. Williams, Wilson and David Beach, clerk of the Supreme Court, did not know of any other candidates who have expressed an interest in the job.
Williams said the Roanoke Bar Association tentatively plans to meet Feb. 1 to consider endorsing Koontz. Other statewide groups also will endorse candidates for the legislature's consideration.
Koontz became a judge in 1967, when he was a 27-year-old assistant commonwealth's attorney in Roanoke. He first served on the Roanoke Valley's Juvenile and Domestic Relations Court, then was appointed to a Circuit Court judgeship in 1976.
In 1985, he became one of the first 10 members of the Court of Appeals, a newly created intermediate appellate court.
He has served as the court's chief judge until recently.
"He would be an outstanding Supreme Court justice," Griffith said. "I would find it hard to believe that anyone else in the commonwealth is better suited for the job."
, including the Virginia State Bar, the Virginia Bar Association, the Virginia Trial Lawyers Association and the Virginia Women Attorney's Association,
Even if Koontz does not move up to the Supreme Court, there will also be a vacancy on the Virginia Court of Appeals for lawmakers to fill. Bernard Barrow, who was appointed to the court when it was created in 1985, announced last week that he will retire on June 1. Williams said he was not aware of any Roanoke-area candidates for Barrow's position.
In confirming that he is a Supreme Court candidate, Koontz said Tuesday that he "feels very honored that the bar is supportive of my candidacy, and that the members of the General Assembly would consider it."
Keywords:
GENERAL ASSEMBLY 1995
by CNB