THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Wednesday, February 12, 1997 TAG: 9702120473
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE AND LAURA LAFAY, STAFF WRITERS
DATELINE: RICHMOND LENGTH: 88 lines
The judge who revoked U.S. Senate candidate Oliver L. North's concealed weapon permit three months before the 1994 election is getting his own repudiation from Republicans in the General Assembly.
Judge James L. Berry, the Clarke County circuit judge who ruled that North ``was not of good character,'' is facing a renomination challenge that could kick him off the bench and contribute to a legislative standoff during the next 10 days.
New judicial nomination procedures in Virginia's Senate allow Republicans to choose judges in their own districts. One senator in Bristol is challenging three seats now held by Democratic appointees. And Winchester Sen. Russell Potts is pushing a Republican to replace the Democrat-nominated Berry.
Potts says he has 400 letters from constituents complaining about Berry's behavior on the bench. Plus, Berry's refusal to renew North's permit to carry a concealed weapon sticks in his craw.
Berry issued a permit to North, who lives on a farm near Berryville, in 1992. But when North tried to renew the permit after winning the Republican U.S. Senate nomination in 1994, Berry denied the application, citing North's Iran-Contra felony convictions and misleading statements he made to Congress.
North was fired as a White House aide when Justice Department lawyers discovered his role in the Iran-Contra scheme. North was convicted in 1989 of three felonies, but the verdict was overturned on appeal after a judge ruled that immunized testimony was used against him.
``How can you qualify for a gun permit and then be unqualified two years later?'' Potts demanded Tuesday.
If the Democrat-controlled House of Delegates refuses to go along with the new Republican nominees, the General Assembly could face an indefinite impasse. That standoff could jeopardize any legislation still under consideration in the closing days of this year's lawmaking session.
Both houses must select judges simultaneously, and can take up no other legislation until they finish. The selection process is scheduled to begin Feb. 21. If the two houses then fail to reach an agreement on judges, all remaining legislation could fall by the wayside.
Most members expect some resolution as the deadline approaches. But Potts is hunkering down for a long seige.
``I'll stay here until July 4 if I have to,'' he announced Tuesday.
The issue is conspicuously partisan.
Republicans say they're simply taking what's theirs - using the power that comes with controlling half the state Senate.
Democrats say Republicans have gotten greedy, and are flexing their might at the expense of fairness, tradition and concern for the quality of Virginia's judiciary.
``This is a blatant political move,'' said Fairfax Del. Kenneth R. Plum, a Democrat. ``As soon as the Republicans get a shot at this process, they politicize it.''
``I think they're in denial,'' countered Republican Sen. Kenneth W. Stolle of Virginia Beach. ``They don't want to acknowledge that they can't control everything anymore.''
Also prominent in the controversy is the seat of David B. Summerfield, a juvenile court judge who serves in Lee, Scott and Wise counties in the far southwest corner of the state. Summerfield's term expired Jan. 31.
Senate rules allow any senator representing a portion of Summerfield's district to nominate a candidate for the seat. Absent any problems, senators have traditionally re-nominated whoever is on the bench.
But Bristol Sen. William Wampler is the only senator in Summerfield's district, and Wampler wants Summerfield replaced with a Republican. He has, Wampler said Tuesday, received ``many complaints'' about Summerfield.
Democrats don't buy it. They think Wampler and Potts are subverting the process by trying to unseat perfectly good judges to replace them with Republican ones.
``To unseat a sitting judge for no reason other than (Democrats) first appointed him is repugnant,'' said Plum.
``This will lead to the political massacre of judges,'' predicted Clarence E. ``Bud'' Phillips, a Russell County Democrat.
For several years, Danville Democrat Whittington W. Clement has introduced a bill that would change the way Virginia selects judges. The bill calls for a special nominating commission that could set standards for judges, screen applicants and recommend candidates.
And every year, Clement said, ``it gets deep-sixed in the House Courts of Justice Committee.''
``There continues to be an unwillingness on the part of enough legislators to act on these bills. But I think that's gradually changing,'' he said. ``I see more support every year.''
Even Clement's commission would not have the last word, he acknowledges. The legislature could simply ignore it.
``The constitution requires the General Assembly to elect judges,'' he said. ``We don't want to change that.''
KEYWORDS: GENERAL ASSEMBLY JUDGESHIPS