ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Saturday, December 23, 1995 TAG: 9512250010
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: DAN CASEY STAFF WRITER
CITY COUNCIL can't vote to fill John Edwards' seat until Jan. 2 at the earliest. But already it's looking as if the issue will end up in judges' hands.
The three Republicans on Roanoke City Council aren't giving an inch on insisting that a non-politician temporarily fill the seat that will be vacated by Vice Mayor John Edwards on Dec. 31.
Council's three Democrats aren't giving an inch, either - except they argue Edwards' successor should be free to campaign for the remaining two years of the term during council elections in May.
If the two groups stay at loggerheads through the end of January, they will forfeit the power to make the appointment to local Circuit Court judges.
The city's charter requires a majority vote by remaining council members - four, in this case - to fill a vacancy. The charter requires council to make the pick within 30 days of a resignation.
If it can't, state law kicks the question over to Roanoke Circuit Court and the six judges who preside there, City Attorney Wilburn Dibling said. A majority vote by them would decide who gets the post.
That seems fine to council Democrats, who are mindful of the fact that all the judges in the 23rd Judicial Circuit were appointed by Democrats in the General Assembly.
"Bingo," Councilwoman Linda Wyatt said.
"The Circuit Court would have the discretion to appoint whomever they wanted to - only that it would have to be a registered voter in the city of Roanoke," Mayor David Bowers said.
Bowers said he believes the judges would consult the mayor and council on the choice, although nothing in the law requires them to do so.
Republicans also seem little troubled by the prospect of local judges picking the next council member.
"I wouldn't have any problem with them doing it," said Councilwoman Elizabeth Bowles, the panel's senior Republican.
Perhaps that's because of the recent history of judges making interim appointments to political offices in the Roanoke Valley.
At least four times in the past 20 years, they have been called on to pick people to fill slots vacated by elected officials in Salem, Roanoke and Roanoke County.
In three of those four cases, the judges gave the nod to someone who had no interest in running for the position at a later date - exactly what City Council Republicans are holding out for.
In the one case in which an appointee later ran for the office - the Salem Circuit Court Clerk's post, recalled Judge Clifford Weckstein - the appointee lost.
Weckstein also said it would be a mistake to assume that simply because the judges were appointed by Democratic majorities in the General Assembly, that's where their political sympathies lie.
Instead, Weckstein said, "you can assume that when judges make an appointment, they do not intend to make a controversial appointment. Because that's putting us into the political process."
The question of who would be appointed to replace Edwards arose after his state Senate election victory over Republican incumbent Brandon Bell, R-Roanoke County.
Almost immediately, Republicans began arguing for a "caretaker" who would agree not to run for the office in May. Otherwise, an appointee would have the advantage of the public limelight over other challengers, they argued.
"I'm going to stand my ground, as far as a caretaker is concerned, and not allow this council to be used as a political forum," Bowles said.
Democrats, on the other hand, say they want somebody who wants to be on council enough to run for the position. That way, they would get a hard worker. Besides, it would be unconstitutional to prohibit any eligible voter from running for re-election, they say.
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