Lawyers, Judges and Money
The Daily Press takes a look at an interesting move by Delegate Harvey Morgan is the quest for a new judge for Gloucester County:
Del. Harvey Morgan introduced something unusual into the process of appointing a new judge for Gloucester General District Court.
Sunshine.
It came in the form of an advisory citizen committee he appointed, which recently held a hearing. The public was invited to hear the four men who want the job make their case for why they should be appointed.
That’s unusual because judicial appointments in Virginia are usually handled in the back rooms of the state Capitol, with little input from the public and next to no meaningful opportunity to watch the process.
The editorial points out that judges in Virginia don’t reach the bench via the same method used on the federal level (appointment by the President with confirmation by the Senate) or as they do in other states (via direct election). Rather the process starts and ends entirely within the legislature, as regions break up into caucuses to determine nominees and those nominees are then usually given a thumbs up by both houses. However, this can become a tricky proposition when power is split between the two parties as it is now, with the Senate controlled by the Dems and the House ruled by the GOP.
Ostensibly there is already some public input into the process, as bar associations can and do offer their recommendations. However, they don’t have to be taken. The appointment of judges is a tricky proposition as, honestly, the public doesn’t know alot about what makes a good judge. However, they certainly suffer the consequences when bad judges make it through. The article mentions a program that was instituted by then AG Bob McDonnell to garner feedback for new judges and then offer it to them when the time comes for re-appointment. However, the program has since been defunded.
So, thoughts? I think as it stands a wholesale change is not in order (as the process allows for the public’s input via the form of legislative elections, although House races rarely hinge on judicial appointments and still insulates judges from direct influence of donors, as would not be the case with legislative elections), but I think certainly some sunlight into the process wouldn’t hurt, even if it was in the form of voluntary efforts such as Delegate Morgan’s.
