THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Saturday, February 1, 1997 TAG: 9702010298
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY LAURA LAFAY AND ROBERT LITTLE, STAFF WRITERS
DATELINE: RICHMOND LENGTH: 61 lines
When General Assembly members appointed some judges Friday, they left a vacancy in Portsmouth juvenile court unfilled.
And sources say it will remain unfilled until this year's lawmaking session ends. The reason: A legislator is in line for the job, and the Virginia constitution prohibits General Assembly members from nominating a colleague while in session.
The would-be judge is Portsmouth Del. William S. ``Billy'' Moore Jr., several legislative sources confirmed Friday.
Moore, who has a law practice in Portsmouth, would not say he is a contender for the job. But he didn't deny it.
``I'm going to wait until after the session and see what my options are,'' he said in an interview on the floor of the House of Delegates Friday.
``I have always thought it would be a great honor to serve on the bench at some point in my career.''
To ascend to the seat being vacated by Judge Robert F. Babb, Moore would have to resign from the House of Delegates and get the approval of Portsmouth's four circuit court judges.
One of those judges - James A. Cales Jr. - was Moore's boss for six years in the Portsmouth Commonwealth's Attorney's office. Moore and his Democratic colleagues in the General Assembly named Cales to the Portsmouth Circuit Court bench Friday. He will replace retiring Judge Dennis F. McMurran.
The lone Republican representing Portsmouth, Sen. Frederick M. Quayle, raised no objections to Cales' nomination. But he will play a role in filling the General District Court seat that Cales will vacate when he moves to the Circuit Court, Quayle said.
Asked about Moore's possible judicial appointment Friday, Hampton Roads legislators either denied knowledge or would not comment.
But several sources said the arrangement was a compromise made to prevent a partisan dispute that could imperil all of Portsmouth's judicial appointments.
Because of the 20-20 party split in the Senate, Republicans can refuse to accept Democratic appointments and stymie the process. Any Circuit Court seats unfilled by the legislature are filled by Republican Gov. George F. Allen.
If Moore is named to the juvenile court and Republicans hold sway over the General District Court appointment, that means both parties would share in filling Portsmouth's judicial vacancies.
And then both parties have a shot at Moore's General Assembly seat in November.
Two Democratic candidates have already been mentioned as possible Moore successors - former legislator Johnny Joannou and Portsmouth Democratic Party Chairman Robert Barclay IV.
Reached Friday, both men said the same thing: No vacancy exists now, but they'd be very interested in running if one became available.
Moore, 50, has represented the 79th District since 1983. If appointed to the bench after the session, his annual state salary would rise from the $17,640 he earns as a delegate to roughly $90,000.
His state pension, when he retires, would be based on his earnings during his final three years of state employment. ILLUSTRATION: Photo
Portsmouth Del. William S. ``Billy'' Moore Jr. apparently will be be
named to the juvenile court spot. But he can't be nominated while
the legislature is in session.