THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, February 20, 1996 TAG: 9602200269
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 80 lines
For the first time ever, Republicans will get to pick the newest judge in town, and the competition is among two former state legislators and a handful of prosecutors.
Former state senator A. Joseph Canada Jr., former state delegate William ``Buster'' O'Brien and prosecutor Albert D. Alberi are reportedly the top candidates for a new judge's seat to be created in Juvenile and Domestic Relations Court.
All three are stalwart Republicans, and that's a first. Until now, Democrats held a monopoly in the General Assembly, where judgeships are created and judges are appointed.
Now, with Republicans controlling the Virginia Beach delegation, and with Republicans splitting power with Democrats in the Senate, the GOP will choose who will wear the black robe.
Candidates' names will be presented formally to committees this week. They will be interviewed next week and chosen before the legislative session ends March 9.
In addition to Alberi, Canada and O'Brien, other candidates reportedly under consideration include Virginia Beach prosecutors Ramona Baldwin and Deborah Paxson and Norfolk prosecutor Catherine Dodson.
So far, no choice has been made, said state Sen. Kenneth W. Stolle, a Beach Republican.
``Most of the names we've already discussed are acceptable to the Senate,'' Stolle said Monday. ``Both Al (Alberi) and Joe (Canada) have expressed an interest. Buster (O'Brien) has also expressed an interest. I'm just not sure where it is going yet.''
Del. Robert Tata, another Beach Republican, said last week, ``All those names were discussed: Baldwin, Alberi, Canada. Other people were recommended, too. There were at least a half-dozen names discussed.''
Canada was a state senator from 1973 to 1988 and ran unsuccessfully for lieutenant governor in 1977 and Congress in 1986. O'Brien was a delegate from 1980 to 1986 and ran unsuccessfully for attorney general in 1985. Alberi is chief deputy commonwealth's attorney under Robert Humphreys.
No matter who the Republicans pick, the candidate still must pass muster with Del. Glenn R. Croshaw, Virginia Beach's ranking Democrat. That's because Democrats still control the House of Delegates, and judges must win appointment from both the House and Senate.
``I think the Democrat in Virginia Beach (Croshaw) still plays a major part in that,'' Tata said. ``Whoever is put forward would have to be agreeable to him. He has the final say, really.''
Croshaw could not be reached for comment Monday. But Stolle said Croshaw has agreed to work with Republicans on the appointment.
Last year, the Virginia Beach Bar Association endorsed Oceanfront lawyer Bobby W. Davis for the judgeship. At the last minute, however, the judgeship was not created. This year, Davis reportedly is not under consideration.
The new judgeship has been approved by the appropriate committees and awaits a final OK from the full House and Senate. Stolle and Tata said they expect no further complications. MEMO: HOW IT WORKS
The General Assembly is using a new system this year to pick judges:
Old way: Democrats in both the House and Senate met in one big caucus
to choose judges, then voted unanimously for their party's choices.
New way: Senators from each city or county, Republicans and Democrats
together, pick the judges. The House, which remains under Democratic
control, still uses the old system. It is unclear how impasses will be
resolved.
ILLUSTRATION: Color photos
A. Joe Canada, Jr.
William "Buster" O'Brien
Albert D. Alberi
KEYWORDS: JUDGESHIPS by CNB