The outlook for filling the Circuit Court judgeship left vacant by the retirement of William Wellons is looking murkier than ever.
The General Assembly was scheduled to hold a vote on judicial appointments yesterday, but an ongoing spat between the House of Delegates and the Supreme Court of Virginia prompted a delay until Saturday.
The dispute, over whether the Supreme Court should release internal evaluations of sitting justices to the General Assembly, is not expected to affect the naming of a replacement for Judge Wellons. It is, however, another complication for judicial appointments that already are backlogged around the state.
While the vote Saturday is expected to focus on openings outside this area, the vacant seat in the 10th Judicial Circuit has set off a spirited competition among four contenders for the job.
The candidates include two Halifax judges — General District Judge Joel Cunningham, Sr. and Juvenile and Domestic Relations Judge Mike Rand — and Halifax attorney William "Bill" Watson and Appomattox County Commonwealth's Attorney Darrel Puckett.
Watson is backed by Del. Clarke Hogan in the Republican-led House of Delegates, while Cunningham is the favorite of the Democratic-controlled State Senate. Rand's chief supporter in the House is Del. Tommy Wright, a Lunenburg Republican.
Puckett is the favorite of Del. Watkins Abbitt, an Appomattox independent who caucuses with House Republicans.
If the House and Senate cannot agree on Wellons' successor prior to wrapping up the session, it would fall upon Gov. Tim Kaine to make an interim appointment. The choice would not become permanent unless approved by the General Assembly in the following session.
The General Assembly is due to convene Saturday, Feb. 28.
Odds are strong that the General Assembly will be unable to settle on a pick, handing the interim appointment to the governor, said Del. Wright yesterday. Wright, who nominated Judge Rand for the post, said he would like to see the House and Senate agree on a pick "but I don't see it happening.
"My opinion is it looks like a deadlock — I'm sorry that's the case, but that's the way it appears," Wright said. "It's four nominees and the Senate has got one and there have been three nominated on the House side, so that shows you the logjam there.
"Even if we came to an agreement on our three on the House side, there would still be the disagreement with the Senate."
Wright said he was supporting Rand for the position because "I've known him personally for a number of years and I know he's done an outstanding job" as Juvenile and Domestic Relations judge. The Lunenburg bar association also gave Rand a strong endorsement, he said.
Wright said Judge Cunningham's chief sponsor in the Senate is Louise Lucas of Portsmouth, a member of the Courts of Justice Committee who formerly represented Halifax County prior to the remapping of her Senate district. Wright said he has discussed the Circuit opening with Cunningham and "I see no reason why he couldn't do an excellent job as well, it's just that I nominated Judge Rand."
Wright also said he doubted Republicans in the House would even be able to reach a consensus among themselves on the judgeship, with Hogan and Abbitt each backing different candidates.
"I think if that was going to happen it would have happened by now," he said.
Wright said he couldn't say what Kaine would do if handed the appointment on an interim basis. "The fact that Gov. Kaine is in office, that would give the Democrat the advantage at this point in time," he said.
The 10th Circuit judgeship surfaced this week as an issue in the Democratic race for Lt. Governor, with one of the five contenders for the party's nomination, Mike Signer, calling on the General Assembly to appoint Cunningham.
Signer, an Arlington resident who has served as deputy counselor to Gov. Mark Warner and as a national security consultant, wrote to the chairmen of the House and Senate courts committees to "strongly endorse" Cunningham for the bench, calling him "eminently qualified."
"Friends have told me directly about the quality of his judicial judgment, compassion, temperament, and involvement in his community, and I believe he would be an excellent judge in an appellate capacity." wrote Signer. "Furthermore, his appointment would have significance for Southside Virginia and for Virginia's history. More than a third of the 10th Circuit's residents are African-American, yet the area has never been represented by an African-American judge.
"Particularly in an area that played such a negative role in the darkest chapters in Virginia's history, including the school shutdowns during Massive Resistance, I can think of no more fitting decision to move past the days of 'Old Virginny' and toward the New Dominion," wrote Signer.
Wellons, the chief justice of the 10th Judicial Circuit, retired at the end of 2008 after serving on the bench for 25 years.