THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Monday, January 20, 1997 TAG: 9701200039
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: 101 lines
Democrats and Republicans have learned how to share now that they each control half the Virginia Senate.
But that partisan charity will be tested this winter as they struggle to claim a cherished ideological prize - a seat on the Virginia Supreme Court.
Sometime before April 2 - the last General Assembly meeting of the year - state legislators must select a successor to Judge Roscoe Bolar Stephenson Jr., who will retire in July. Stephenson is a conservative on a seven-member panel that has cast some significant 4-3 decisions.
In the House of Delegates, where Democrats enjoy a four-seat majority, the process for picking Stephenson's successor is relatively predictable. The Democratic delegates will select a judge, and the Republicans won't have the votes to stop them.
But in the Senate, where both parties have 20 members, the selection of a Supreme Court justice has the potential to wreak history-making deadlock.
Not even two weeks into this year's legislative session, senators aren't yet sure how the nominating process will play out. But all agree that the system adopted last year for local judges - letting local delegations pick candidates - won't work for a statewide appointment.
Unless Republicans and Democrats can agree on a candidate or persuade a senator to break ranks, a 20-20 tie seems likely.
Lt. Gov. Donald S. Beyer Jr., a Democrat, would then try to break that tie. And arguments over whether he has that right could lock the chamber in debate - or a court battle - for days.
``The whole issue certainly has the potential to test the limits of our power-sharing agreement,'' said Spotsylvania Sen. R. Edward Houck, chairman of the Senate Democratic Caucus.
The Democrats seem to have the upper hand. They control the House of Delegates, and they have effective control of the Senate.
But with Republican George F. Allen in the governor's mansion, the Democrats have an incentive to keep the Supreme Court nomination civil. If an agreement can't be reached while the legislature is in session, Allen makes the appointment.
Lawmakers say that means that Virginia's next Supreme Court justice will need a reputation as a moderate - someone both parties can stomach.
``This appointment will be an important one,'' said Sen. Kenneth W. Stolle, a Republican from Virginia Beach. ``No one's going to just give up and let the other party pick the candidate.''
RICHMOND - Democrats and Republicans have learned how to share now that they each control half the Virginia Senate.
But that partisan charity will be tested this winter as they struggle to claim a cherished ideological prize - a seat on the Virginia Supreme Court.
Sometime before April 2 - the last General Assembly meeting of the year - state legislators must select a successor to Judge Roscoe Bolar Stephenson Jr., who will retire in July. Stephenson is a conservative on a seven-member panel that has cast some significant 4-3 decisions.
In the House of Delegates, where Democrats enjoy a four-seat majority, the process for picking Stephenson's successor is relatively predictable. The Democratic delegates will select a judge, and the Republicans won't have the votes to stop them.
But in the Senate, where both parties have 20 members, the selection of a Supreme Court justice has the potential to wreak history-making deadlock.
Not even two weeks into this year's legislative session, senators aren't yet sure how the nominating process will play out. But all agree that the system adopted last year for local judges - letting local delegations pick candidates - won't work for a statewide appointment.
Unless Republicans and
Democrats can agree on a candidate or persuade a senator to break ranks, a 20-20 tie seems likely.
Lt. Gov. Donald S. Beyer Jr., a Democrat, would then try to break that tie.
And arguments over whether he has that right could lock the chamber in debate - or a court battle - for days.
``The whole issue certainly has the potential to test the limits of our power-sharing agreement,'' said Spotsylvania Sen. R. Edward Houck, chairman of the Senate Democratic Caucus.
The Democrats seem to have the upper hand. They control the House of Delegates, and they have effective control of the Senate.
But with Republican George F. Allen in the governor's mansion, the Democrats have an incentive to keep the Supreme Court nomination civil. If an agreement can't be reached while the legislature is in session, Allen makes the appointment.
Lawmakers say that means that Virginia's next Supreme Court justice will need a reputation as a moderate - someone both parties can stomach.
``This appointment will be an important one,'' said Sen. Kenneth W. Stolle, a Republican from Virginia Beach.
``No one's going to just give up and let the other party pick the candidate.'' MEMO: INSIDE: Who's on Virginia's Supreme Court?/A9
The Court's decisions can touch every Virginian. A look at the
rulings/A9 ILLUSTRATION: THE VIRGINIA SUPREME COURT
[Color Photos]
Harry L. Carrico
A. Christian Compton
Barbara M. Keenan
Lawrence L. Koontz Jr.
Elizabeth B. Lacy
Leroy R. Hassell Sr.
Roscoe B. Stephenson Jr. [B & W photo ran]
KEYWORDS: VIRGINIA SUPREME COURT