Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, August 10, 1993 TAG: 9308100281
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: MADELYN ROSENBERG STAFF WRITER
DATELINE: LENGTH: Medium
Just what that proposal will be, VMI's lawyers aren't saying.
But they likely will come forward with an option that precludes admitting women to the 154-year-old, all-male school.
And Wilder has said that he would like to see women admitted at VMI.
That's likely the reason the U.S. Justice Department spent much of a hearing Monday arguing for the governor and the state, not VMI, to develop the plan.
"It's time for them to state their position and show some leadership," said Nathaniel Douglas, a Justice Department lawyer.
A federal appeals court had ordered Virginia to find a plan that would offer women an education with a stark, military lifestyle like the one provided at state-owned VMI. The plan could include admitting women to the school, setting up another program for women only, privatizing VMI or a fourth, creative option.
U.S. District Judge Jackson Kiser, agreeing with the governor's lawyers, said VMI's governing board should develop that plan - so long as Wilder signed on before the issue was taken up in his courtroom.
Lawyers also said the plan must have the backing of the state - and the Constitution - before it could be implemented, and that the appeals court's opinion clearly gives Wilder and the state a prominent part in the remedy.
Those two parties watched the proceedings from the back row early in this four-year-old case, which started when a high school student complained that her rights were being violated because VMI would not accept her application. It was obvious from the hearing Monday that Wilder and the state will have better seats as the case continues.
"I think they'll be front-line, active participants in the remedy," Kiser said. "Any plan - and you can carry this message back to [the governor] - will have to be approved of or disapproved by him."
If the governor disapproves of the plan, he will have to come up with his own, said Walter McFarlane, Wilder's executive assistant and chief counsel.
He said the governor will work with VMI's board so that "whatever plan VMI comes up with, we'll know whether we agree or disagree."
In a statement issued by his office Monday, Wilder said he plans to hold discussions with the board. "I have indicated for some while that I would be in contact with both parties in the suit," he said.
Justice Department lawyers also had asked that a plan make way for women to be admitted to VMI starting this fall, but Kiser called that request unreasonable. "This has been going on over 100 years," he said. "I don't think a few months will make that much difference."
It has been two years since lawyers met in U.S. District Court to discuss this case.
Lawyers for both sides acted like cordial cousins Monday as they entered the main court room in the Poff Federal Building.
"How've you been?" they asked, smiling and pumping hands. "It's been a long time."
Kiser, too, exchanged pleasantries before adding: "It's not extremely pleasant to delve into this matter again. But we've got our marching orders."
Two years ago, Kiser ruled in favor of VMI, one of two state-run, all-male military institutes in the country. But an appeals court overturned him, and the case fell back in his court in May when the U.S. Supreme Court refused to hear VMI's appeal.
Lawyers met in court at 9:30 a.m. and spent most of Monday deciding on a schedule for coming up with a plan. When they left at 5:30 p.m., they were no longer smiling.
VMI's board will meet Sept. 25 to approve the plan, which would be presented to Justice Department lawyers four days later.
The Justice Department had asked that the plan go before the court in January to give its lawyers more time to examine it, said William Broaddus, one of VMI's lawyers.
VMI had suggested November for the hearing.
As it stands now, the hearing will be held just days before a new governor is sworn in.
Kiser pointed out that both candidates for governor have differing views on VMI's future.
But the change in command would likely have no impact on what the court would decide, Broaddus said after the hearing.
McFarlane wasn't as sure. "Does this bind the next governor?" he asked. "These are touchy legal issues. I don't know all the answers."
Broaddus would not disclose how far along lawyers were in determining a proposal for the court.
"We have a lot of work to do," he said.
by CNB