THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, March 9, 1996 TAG: 9603090408
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY DAVID M. POOLE
Staff Writer
DATELINE: RICHMOND LENGTH: Medium: 91 lines
Virginia Beach Republicans broke the Democrats' hold on judicial appointments Friday when the General Assembly named former GOP state Sen. A. Joseph Canada Jr. as judge in the city's Juvenile and Domestic Relations Court.
``It signals the dawning of a new day,'' crowed Del. Robert F. McDonnell, R-Virginia Beach.
Democrats - who had vowed to block any Republican judges - came within one vote of derailing Canada's appointment in a key House Democratic Caucus ballot.
Del. Glenn R. Croshaw - the city's lone Democratic holdout - prevailed by arguing that the time had come for the House of Delegates to follow the Senate's lead on bipartisan cooperation.
``Given the new realities, that is what you have to do,'' Croshaw later told reporters.
Canada's appointment came on a day when the Assembly was unable to fill 10 of 15 judicial vacancies around the state.
The gridlock was caused by a House-Senate disagreement over how judges are selected. The Senate, bowing to the realities of a 20-20 split between Democrats and
Republicans, adopted new rules that give GOP senators an unprecedented voice in naming judges. The Democrats who control the House insisted on keeping this most-cherished prerogative all to themselves.
The deadlock means that Gov. George F. Allen will make appointments to any circuit court vacancies. Local circuit judges will fill general district and juvenile slots.
House-Senate bickering over judges has been so prevalent this year that it was featured Tuesday in an annual speech lampooning the Assembly session.
The ``Et Tu Brute'' award, given for the most outrageous attack, went to Portsmouth Del. Kenneth R. Melvin for his promise that if Allen appoints a Republican to the bench, Democrats would return next year and ``snatch his butt off.''
Delegates applauded as Melvin received a plastic sword as a light-hearted token, but House Republicans quietly seethed at rules that cut them out of the appointment process.
``This is communist Russia,'' Del. William J. Howell, a Fredericksburg Republican, later said. ``It's a fraudulent, corrupt system.''
The House process normally would have doomed a high-profile Republican like Canada, who served in the Senate from 1972-88 and ran for lieutenant governor in 1977.
But Virginia Beach Republicans crafted a clever appeal to House Democrats. They quietly stepped back from their endorsement of prosecutor Albert Alberi, whose hard-charging style might have drawn opposition.
They opted instead for Canada, an affable fellow known by many Assembly insiders.
To introduce Canada to the House Courts of Justice Committee, Republicans enlisted a Beach lawyer who is a partner of former Sen. M.E. ``Sonny'' Stallings, a Democrat who beat Canada in 1987.
The most important part of their strategy was the cooperation of Croshaw, a Democrat who understands that his political survival is tied to getting along with Republicans who dominate the city's legislative delegation.
``Glenn was crucial,'' McDonnell said.
The key showdown came Friday morning at the House Democratic Caucus.
Norfolk Del. William P. Robinson Jr., whose district includes two Beach precincts, nominated a Democrat: assistant city prosecutor Ramona Baldwin.
Robinson could not attend, but he sent a letter urging his Democratic colleagues to stand firm against the Senate power-sharing agreement.
``I do not believe power can be shared,'' Robinson wrote. ``You either have power or you don't.''
Croshaw, who had talked up Canada with his colleagues, appealed for compromise.
In a secret ballot vote, Canada edged Baldwin by one vote, according to several lawmakers.
The victory bound House Democrats by tradition to support Canada on the floor.
His final approval became a mere formality.
A sign of the changing times was a handful of yellow lights that flashed on the House electronic tally board when Canada's name came to the floor.
For years, Republicans have pushed the yellow abstention button on judicial appointments as a small protest to their exclusion. This time, it was Democrats signaling their displeasure. ILLUSTRATION: Former GOP state Sen. A. Joseph Canada Jr. was appointed
Friday.
KEYWORDS: GENERAL ASSEMBLY JUDGESHIP APPOINTMENT by CNB