ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, February 21, 1996 TAG: 9602210054
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: DAVID M. POOLE STAFF WRITER
WHO PICKS THE JUDGES? Democrats and Republicans fight for their say.
The harmony of the 1996 General Assembly session soon may be shattered by a House-Senate brawl over the selection of judges.
The brewing fight features Senate Republicans eager to exercise their newfound voice in selecting judges and House Democrats anxious to hold onto their most cherished prerogative.
Republicans vow to gum up the judicial selection process until they receive assurances that the Democrat-controlled House of Delegates will not blackball Senate nominees out of partisan spite.
The standoff has the potential to turn traditional House-Senate jostling during the final days of the legislative session into full-blown gridlock.
``This has got the looks of a real donnybrook,'' observed state Sen. Madison Marye, D-Shawsville. ``No one knows what will happen because this is something we have never experienced before.''
The Senate - with 20 Democrats and 20 Republicans - has embraced cooperation out of necessity.
But the Democrat-controlled House still has a winner-take-all system that effectively shuts out Republicans when picking judges.
The Assembly will try to fill nine judicial vacancies - including one in the New River Valley - by the time of adjournment March 9.
House Speaker Thomas Moss , D-Norfolk, reiterated Tuesday that just because the Senate changed its rules does not mean the House has to do the same.
``Why is their position sacrosanct and ours not?'' Moss asked.
On Monday, Republicans aired their fears about partisan mischief before the Senate Courts of Justice Committee.
``We're all chopping a new log here. We're trying to figure out where we're going,'' said state Sen. Kenneth Stolle, R-Virginia Beach.
Stolle suggested this scenario: The House and Senate could agree on a slate of nominees to be put before both chambers. Senate rules call for the entire slate to be approved in a single vote. The House votes on each judge individually - giving the lower chamber the opportunity to pass its slate and veto Republicans.
Senate Democratic Leader Richard Saslaw of Fairfax County replied that such a scenario would be so provocative as to destroy the sometimes fragile trust between the two chambers.
``There would never be a vote on a judge here again - ever,'' Saslaw said.
Republicans were unmoved. ``We want assurances,'' Stolle said.
Tuesday, House Democratic Leader Richard Cranwell of Vinton said GOP fears were unfounded.
``These guys are seeing too many ghosts and goblins,'' Cranwell said. ``I'm easy to get along with this year; I'll do whatever they want.''
But GOP lawmakers point to recent statements that make it clear that House Democrats will not allow the Senate to seat Republicans judges. Del. Kenneth Melvin, D-Portsmouth, was quoted as boasting that Democrats would ``kick their butts off'' the bench.
Moss said essentially the same thing Tuesday when discussing the possibility that a stalemate could allow Republican Gov. George Allen to fill some circuit court vacancies.
He noted that the Assembly would have to confirm any Allen-appointed judges next year.
``I would suggest that any judge he appoints should not give up his [law office] lease,'' Moss quipped.
LENGTH: Medium: 68 lines KEYWORDS: GENERAL ASSEMBLY 1996by CNB