ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Saturday, February 22, 1997 TAG: 9702240060
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: ROBERT LITTLE STAFF WRITER
The chance to fill a vacancy on Virginia's Supreme Court proved so politically tantalizing Friday that legislators pondered it all day, deferring the state budget and everything else on their schedule.
And when they stopped, they had come up with nothing.
After a nine-hour stalemate, the General Assembly gave up Friday night without filling the coveted slot on Virginia's highest court.
Lawmakers will start anew this morning, but most figure that Friday's daylong impasse means Democrats and Republicans are locked in a perpetual standoff.
Several senators suggested they will gather this morning, agree to nominate no one, then adjourn for the year - leaving the appointment to Gov. George Allen.
``I think at this point it's pretty much done,'' said Sen. Edd Houck of Spotsylvania, chairman of the Senate's Democratic Caucus.
``It certainly looks that way,'' added Sen. John Chichester, R-Fredericksburg.
Friday's failure to select a Supreme Court justice did not come from lack of trying. The House of Delegates, which Democrats control, chose Richmond District Judge Margaret Spencer early in the day. But the Senate, equally divided between 20 Democrats and 20 Republicans, spent the next eight hours in partisan deadlock.
Nine times they voted on prospective judges, each time falling at least one vote short of the 21 needed.
Senate Courts of Justice Committee Chairman Joseph Gartlan, D-Fairfax County, ran to the House with the names of so many prospective candidates that one delegate suggested he just use the phone book, and handed him one.
``We ought to get Gartlan a motor scooter,'' said Sen. Frederick Quayle, R-Chesapeake.
After the ninth vote, Sen. Charles Hawkins, R-Chatham, asked if he had time to go to law school, get a degree, come back and take the job himself.
``You don't need a degree,'' said Sen. Benjamin Lambert, D-Richmond. ``Right now, we'll take anyone.''
But they won't.
Lawmakers from both parties consider the seat on Virginia's Supreme Court one of their most coveted legislative appointments. The judge who replaces retiring Justice Roscoe B. Stephenson will join a panel that has cast significant 4-3 decisions in recent years.
But the appointment is also the granddaddy of political patronage. Senators spent the day alternating from floor sessions to private huddles, contemplating scores of nominations and what other nominations that selection could trigger.
One idea, suggested early, was that Democrats select a judge on the Court of Appeals for the Supreme Court and let Republicans fill the resulting vacancy.
But the power split that Republicans enjoy in the Senate allows them to veto any nomination if they stick together. Because the Republican governor fills the position if no selection is made, the GOP decided to shoot for the top.
Several Democrats and Republicans blamed the House of Delegates for refusing to negotiate. The Senate, they said, was ready to compromise, but the House was rigid in its insistence on a Democrat.
If Allen gets to make the appointment, legislators would vote on his choice when they convene again in January.
Former Republican legislator Steve Agee of Salem didn't even get nominated in the House of Delegates. Once it became obvious that every nomination would fail, they started nominating their own hometown long shots.
``This is kind of a pointless game of political chicken, if you ask me,'' said Del. Clifton ``Chip'' Woodrum, D-Roanoke.
``I'm one of the guys who's pleased about this,'' said Sen. Kenneth Stolle, a Virginia Beach Republican. ``This is the first time Republicans have had a say.''
``Maybe the system is actually working,'' offered Sen. Malfourd ``Bo'' Trumbo, R-Fincastle. ``Our founding fathers figured this out - they knew we were human and sometimes we'd have to kick things up to the executive branch and cool off. Maybe this is exactly how we're supposed to pick this judge. Now that's a bizarre thought.''
LENGTH: Medium: 82 lines KEYWORDS: GENERAL ASSEMBLY 1997by CNB