THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Wednesday, March 6, 1996 TAG: 9603060607
SECTION: FRONT PAGE: A12 EDITION: FINAL
SOURCE: STAFF REPORT
DATELINE: RICHMOND LENGTH: Medium: 57 lines
Interviews to select Virginia Beach's next juvenile court judge proceeded Tuesday without chief deputy prosecutor Albert D. Alberi, who withdrew from consideration because ``the politics were going to make it a waste of time.''
In a telephone interview Tuesday, Alberi said he made the decision Saturday evening after talking with state Sen. Kenneth W. Stolle, R-Virginia Beach.
``It was basically presented to me that the votes were not there for me and that they were not going to be there,'' Alberi said. ``It was abundantly clear that the politics of the courts committees and the politics in the legislature were such that it wasn't going to accomplish anything for me to go.
``I said, `As far as I'm concerned, if you don't think it's going to work for me, fine. Get somebody else good in the job.' ''
All Republican judicial nominees face uncertain prospects this year before the legislature, which has yet to resolve differences between the Senate and House of Delegates about judicial appointments. Republicans hold sway in the Senate, but not in the House.
Stolle said another factor against Alberi was a story in Sunday's Virginian-Pilot that detailed his career. ``It would probably not be in his best interest to put his name forward right now,'' Stolle said.
Stolle said the veteran prosecutor ``has made a couple of mistakes,'' including the display of a noose during a recess in a trial last year.
``It's unfortunate there's so much smoke here and so little substance,'' Stolle said.
The Virginia Beach Republican took issue with the characterization of a Virginia Beach Bar Association vote in 1994 to suggest that Alberi was ``not qualified'' to serve as a judge.
Stolle said the General Assembly interviewed Alberi that same year and found him to be qualified.
In the 1994 bar association vote, members favored two other attorneys, rating Alberi ``not qualified'' under a bar association code requiring that a candidate be of ``undisputed integrity'' and possess ``judicial temperament which includes common sense, compassion, decisiveness, firmness, humility, open-mindedness, patience, tact and understanding.''
William Bunch, a private attorney, was rated ``highly qualified'' by members of the bar association. Pamela Albert, a Virginia Beach prosecutor, was rated ``qualified.'' Both were approved by more than 50 percent of the membership during a secret ballot early that year.
Alberi's rejection then generated political controversy. A Jan. 19, 1995, letter to members of the bar association shows that the Beach Republican delegation complained about Alberi's rejection, saying it was based on ``political or extraneous considerations.''
The letter was signed by state Sens. Mark Earley and Stolle and by Delegates Robert McDonnell, Leo Wardrup, Harry Purkey and Frank Wagner.
KEYWORDS: JUDGESHIPS VIRGINIA BEACH by CNB