ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Thursday, March 7, 1996 TAG: 9603070046
SECTION: VIRGINIA PAGE: C-3 EDITION: NEW RIVER VALLEY
DATELINE: RICHMOND
SOURCE: DAVID M. POOLE STAFF WRITER
THE GENERAL ASSEMBLY is tied up, and lawmakers from the New River Valley appear unable to agree. What's a poor judge to do?
It looks as if Judge William F. Thomas Jr. may have to wait a while longer for that gold watch.
Thomas wants to retire as a Juvenile and Domestic Relations Court judge, but for the second straight year, lawmakers from the New River Valley appear unable to agree on his replacement.
Legislators who represent portions of the 27th Judicial District are divided along regional lines. Complicating the situation are new Senate rules that give Republicans their first voice in naming judges.
The new rules have created a Senate-House of Delegates dispute that may mean the General Assembly will leave town Saturday without filling most of 15 judicial vacancies, including the one in the New River Valley area.
If the assembly fails to act, local circuit judges will name a replacement for Thomas, who lives in Pulaski and presides in Pulaski, Wythe and Bland counties.
"I'd say there is a pretty good chance that it will go to the circuit judges," said Del. Jim Shuler, D-Blacksburg.
The assembly has certified three lawyers for the position: H. Lee Chitwood and Woody Lookabill, both of Pulaski County, and Victoria H. Robison of Montgomery County.
Chitwood's law practice is based in Wythe County. Lookabill is Pulaski County's circuit court clerk. Robison is an assistant public defender.
A fourth candidate, Henry Whitehurst of Christiansburg, was endorsed by the Montgomery-Floyd-Radford Bar Association. But Whitehurst's name was withdrawn because of a pending complaint before the Virginia State Bar.
Whitehurst told lawmakers the complaint has no merit, but assembly rules make him ineligible until a complaint is dismissed.
While new Senate guidelines give Republicans a say in Thomas' successor, they also have fragmented the selection process.
In the past, the decision in the Senate would have fallen to the three Democratic senators who represent portions of the 27th Judicial District: Madison Marye of Shawsville, Jack Reasor of Bluefield and Virgil Goode of Rocky Mount.
The new Senate rules add a fourth voice: Republican Sen. Malfourd "Bo" Trumbo of Fincastle.
Predictably, the senators are divided along geographic lines, following the recommendations of the bar associations in their districts. Reasor backs Chitwood, who is endorsed by the Bland-Wythe Bar Association. Trumbo is pushing Lookabill, who won the Pulaski-Giles Bar Association's endorsement. Marye had supported Whitehurst. Goode is keeping a low profile.
Chitwood appears to have the edge in the House, where Hillsville Del. Tom Jackson is pushing his candidacy.
Unless the two chambers agree on a nominee, the assembly will not be able to fill the vacancy.
Any replacement named by the area's circuit judges would have to be ratified by the General Assembly next year.
Shuler said any lawyer who would consider an interim appointment might look hard at the political uncertainties surrounding judicial nominees.
"You wouldn't want to pack your bags, so to speak," he said.
Staff writer Kathy Loan contributed to this story.
LENGTH: Medium: 67 lines KEYWORDS: GENERAL ASSEMBLY 1996by CNB