THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Sunday, December 18, 1994 TAG: 9412180335
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: NORFOLK LENGTH: Long : 240 lines
Suddenly, the courthouse lobby is very crowded.
At least 20 of Norfolk's most ambitious, most politically connected lawyers are clamoring to become judges - the biggest crowd of judicial wannabes anyone can remember.
Behind the scramble is a rash of retirements by Norfolk judges that will leave at least four courthouse seats - and maybe five, six or seven - up for grabs.
The result: A chunk of Norfolk's nine-judge Circuit Court will change hands.
Beyond that, the possible promotion of two or three lower-court judges to Circuit Court has created a ripple effect, stirring judicial ambitions like nothing before has.
This coming-and-going will produce the biggest judicial turnover in Norfolk in decades, and has spawned more rumors and speculation than any political event in memory.
``It's kind of like the Oklahoma land-rush out there,'' one local lawyer said.
What is extraordinary is not merely how many candidates are seeking office, but also the way they are doing so. Many are openly campaigning for votes, with public letters and mass mailings to fellow lawyers.
``People who want to be judges take their best shot now,'' said Jeffrey A. Breit, 2nd District Democratic chairman. ``I can't remember a time when there were so many openings all at once.''
The rush is due, in part, to a new selection process by the Norfolk and Portsmouth Bar Association that, at least on paper, guarantees a fair hearing for even the most unconnected judge-seeker.
Thirteen lawyers recently vied for the bar association's endorsement. At least seven more are lobbying the General Assembly directly, bypassing the bar.
``To have so many people participating in the process now is very gratifying,'' said Stanley G. Barr Jr., who chairs the bar association's judicial endorsement committee. ``It's much more open than in the past.''
How will it shake out? Speculation abounds.
WHAT'S OPEN?
Nobody knows. That's the biggest problem.
There will be four new judges for sure. Three will be in Circuit Court, where Judges Thomas McNamara, Robert Stewart and Alfred Whitehurst will retire March 1.
The fourth will be appointed to General District Court, where Judge Reid Spencer is retiring. Spencer has not filed his retirement papers, but said last week he will retire effective June 30 or Dec. 31, 1995. Either way, the General Assembly will pick his replacement.
Those are the for-sure openings.
But what if a lower-court judge - or two, or three - gets boosted to Circuit Court? That would open more slots in General District Court, or Juvenile and Domestic Relations Court.
That could make six or seven new judges.
And there's more. Judge Joseph Baker is widely rumored to be retiring from the Virginia Court of Appeals. Last week, Baker declined to confirm or deny the rumor.
Since Baker is from Norfolk, his replacement could well come from Norfolk. Local legislators strongly support Circuit Judge Lydia Taylor to succeed Baker, but that is not a done deal. Competition is likely to come from the Peninsula.
Still, if Baker retires, and if Taylor gets his job, that would open another Circuit Court judgeship. That could make seven or eight new judges in all.
OPENLY CAMPAIGNING
The flood of candidates already has had one unexpected effect: It has flushed the politicking out into the open.
In the past, a lawyer who wanted to become a judge would quietly lobby politicians and friends. It was very hush-hush.
This time, nine candidates mailed ``Dear Colleague'' letters to the 1,200 members of the Norfolk and Portsmouth Bar Association, seeking support for the group's endorsement.
The tactic is not entirely new, but never have there have been so many letter-writers overtly making their cases.
``There were always a lot of phone calls in the past,'' said Palmer Rutherford, past president of the bar association, ``but this time the letters caught on.''
Three candidates (Terry Huffman, Patricia Dickey and Joan Skeppstrom) circulated letters as individuals. Six candidates (Ray Dezern, Marc Jacobson, Everett Martin, Joseph Massey, John New-hard and Louis Sherman) mailed letters of endorsement signed by committees of local lawyers.
All the lobbying resulted when the bar association this year asked every member in town to vote on each candidate's qualifications.
On Thursday, the association issued its endorsements: Four candidates are touted as ``highly qualified,'' four as ``qualified,'' and five were not endorsed at all. (See accompanying list).
Seven other candidates did not seek the association's endorsement. They went over the group's head and lobbied Norfolk's senators and delegates directly.
They sense that all appointments are, in the end, political.
CONNECTIONS
Once upon a time, a lawyer could not become a judge without the bar association's endorsement.
No more.
Lately, the General Assembly has ignored the bar's endorsements. In March, for example, the General Assembly appointed William P. Williams as Norfolk's newest judge in Juvenile and Domestic Relations Court.
But Williams had not even submitted his name to the bar association. Connections proved crucial: He is former chairman of the Norfolk Democratic Committee and son-in-law of City Treasurer Joseph Fitzpatrick.
This year, the story is the same. Three candidates have direct ties to Norfolk delegates. Others are tied less directly.
Lyn Simmons is the wife of Del. Jerrauld Jones. She will be interviewed next week by Norfolk's senators and delegates, even though she did not submit her name to the bar association.
``My wife is a very capable, competent, experienced attorney who, but for the impediment of being married to me, is quite capable of judicial office,'' Jones said. He said he will excuse himself from any discussion of his wife's candidacy.
Del. William Robinson also has close ties to two candidates: J.P. Fulton is his law partner; Joseph Lindsey is his former partner. They, too, did not submit their names to the bar association.
Robinson said he has not yet decided whom to support.
``I have to pick and choose among many friends. It's not easy,'' Robinson said. ``I have taken no position in regard to any one of them.''
Others have less direct ties. Terry Huffman is the law partner of Peter Decker, a Democratic stalwart and former chairman of the state Corrections Board. Louis Sherman is first vice chairman of Norfolk's Democratic Committee.
ETHNIC AND GENDER POLITICS
With so many seats opening at once, blacks and women hope to grab extra judgeships.
Today, there is one black judge on Norfolk's Circuit Court - Jerome James - even though Norfolk's population is 40 percent African-American.
Lawyers say it is virtually certain that one of the three new Circuit Court judges will be black. ``I'm optimistic that will happen,'' Robinson said.
But who will it be?
Two black candidates are judges seeking promotion from General District Court: Luther Edmonds and Gwendolyn Jones Jackson. Another black candidate, Joseph Lindsey, ran unsuccessfully for commonwealth's attorney. Another, J.P. Fulton, is well-regarded among fellow lawyers.
Then, there is the women's issue.
Today, there is one woman judge on Circuit Court: Lydia Taylor. If she is promoted to the Court of Appeals, there will be none. That would create pressure to appoint at least another woman.
Worse, there is no woman judge in Juvenile and Domestic Relations Court, where child custody cases are heard. All four Norfolk judges are men.
Two women's groups - the Virginia Women Lawyers Association and the Women's Political Caucus - are lobbying for more women judges, or at least for candidates sensitive to ``women's issues.''
Patricia Dickey and Joan Skeppstrom are regarded as front-runners. The caucus endorsed both last year.
``The time has come'' for more women on the bench, said Mary Pat Liggio, president of the caucus' local chapter. ``We certainly are going to pursue this.''
Finally, there is the so-called ``Jewish seat.''
For many years, there has been one Jewish judge on Norfolk's Circuit Court. First, it was Morris Gutterman. Then, it was Leonard Sachs. But when Sachs retired this year, he was replaced by a non-Jew.
Privately, Norfolk lawyers say Marc Jacobson, a judge in General District Court, is a shoo-in for Circuit Court and would solve the ``Jewish seat'' problem.
None, however, would say so publicly.
Norfolk's senators and delegates will meet in the next few weeks to pick the judges. Their choice is virtually certain to be ratified by the full Senate and House of Delegates. ILLUSTRATION: Graphics
CANDIDATES FOR NORFOLK JUDGESHIPS:
* Chris A. Christie - partner, Christie & Kantor, Virginia
Beach.
* Ray W. Dezern Jr. - partner, Knight, Dudley Dezern and Clark;
substitue judge.
* Patricia B. Dickey - solo law practice; substitute judge.
* Luther C. Edmonds - judge, General District Court, civil
division.
* Andre A. Foreman - deputy city attorney.
* Junius P. Fulton III - partner, William P. Robinson Jr. &
Associates.
* Terry D. Huffman - partner Decker, Cardon, Thomas, Weintraub,
Coureas and Huffman; substitute judge.
* Gwendolyn Jones Jackson - judge, General District Court,
traffic division.
* Marc Jacobson - judge General District Court, civil division.
* Charles E. Jenkins II - solo law practice; chancery
commissioner.
* Richard C. Langhorne - partner, Roussos & Langhorne.
* Frank D. Lawrence III - solo law practice.
* Joseph C. Lindsey - associate, Richard N. Levin & Associates,
Portsmouth.
* Everett A. Martin Jr. - judge, Juvenile and Domestic Relations
Court.
* Joseph P. Massey - partner, Cooper, Spong & Davis, Portsmouth.
* John F. Newhard Jr. - assistant city attorney, Virginia Beach.
* Louis A. Sherman - partner, Gould & Sherman
* Lyn M. Simmons - solo law practice
* Joan C. Skeppstrom - solo law practice; divorce commissioner.
* Alfred M. Tripp - partner, Tripp & Tripp, Virginia Beach.
HOW A JUDGE IS CHOSEN
1) Lawyer is nominated to become a judge.
2) Local bar association issues endorsements.
3) State legislators interview candidates.
4) House and Senate committees interview candidates.
5) Local senators and delegates recommend a candidate.
6) Democratic Caucus ratifies the local delegation's choice.
7) General Assembly appoints judge.
STATUS OF JUDGES
ENDORSED (by the Norfolk and Portsmouth Bar Association)
CIRCUIT COURT
Marc Jacobson highly qualified.
Everett A. Martin Jr. qualified.
John F. Newhard Jr. qualified.
GENERAL DISTRICT COURT
Ray W. Dezern Jr. highly qualified.
Terry D. Huffman highly qualified.
Joseph P. Massey highly qualified.
Patricia B. Dickey qualified.
John F. Newhard Jr. qualified.
CONNECTED
Junius P. Fulton III - law partner of Del. William P. Robinson
Jr.
Terry D. Huffman - law partner of Peter G. Decker Jr., former
state corrections board chairman.
Joseph C. Lindsey - former law partner of Del. William P.
Robinson Jr.
Louis A. Sherman - first vice chairman, Norfolk City Democratic
Committee.
Lyn M. Simmons - wife of Del. Jerrauld Jones.
RETIRING
Judge Thomas R. McNamara, age 69 - 19 years in Circuit Court.
Judge Robert W. Stewart, age 64 - 19 years in Circuit Court.
Judge Alfred W. Whitehurst, age 67 - 25 years in Circuit Court.
Judge Reid M. Spencer, age 70 - 11 years in General District
Court.
MAY BE RETIRING
Judge Joseph E. Baker, age 74 - 10 years on Virginia Court of
Appeals.
by CNB