Crowded into a windowless conference room at the John Marshall Courts Building, state Supreme Court Chief Justice Leroy Hassell and the eight judges of the Richmond Circuit Court quarreled over a proposal to scrap a Holy City tradition: separate civil and criminal judgeships.
Hassell, intent on leveling the workload of the busy court, wanted the practice dropped immediately. Most of the judges favored a phase-in.
Questions were raised about Hassell's authority to intervene. Hassell then said something that some took as a threat: As the constitutionally designated head of the judicial system, he could transfer circuit judges to other localities. Hassell prevailed.
That was Nov. 14, 2006.
On Feb. 28 -- the last day of the 2009 General Assembly session -- the nomination of one of those Richmond judges, Brad Cavedo, to a panel that polices the judiciary skidded to a halt. It was saved, but not before legislators wondered whether they'd seen the hand of Hassell at work.
"I don't govern autocratically," says Hassell. "The Supreme Court governs through consensus collectively."
A justice since 1989 and chief for six years, Hassell dismisses with a bellowing laugh suggestions that he's as much a politician as he is a judge. But these days, Hassell is summoning the skills of both as his sometimes-trying relationships with the legislature and the lower courts become more so.
Virginians caught a glimpse of this as Hassell and lawmakers publicly battled over report cards for judges that Hassell believes should be kept secret. Never mind the law does not require they remain confidential.
Though both sides jury-rigged a system under which legislators can review records while still keeping them under wraps, the judicial-evaluation process seems all but dead. The General Assembly -- if only to remind Hassell he depends on its kindness -- erased the nearly $600,000 that pays for it. "The program is gone," says Hassell. Legislators might disagree, perhaps expecting him to find the requisite funds elsewhere.
Transparency also was at the heart of a tussle last year with the Virginia State Bar, the arm of the court system that licenses lawyers. The bar was told to yank from its Web site pending disciplinary action against lawyers. The notices are now back.
Money -- or lack thereof -- is not making it easier for Hassell to work and play well with others. Because of the recession, the judicial bureaucracy, with 2,600 employees and annual budget of about $235 million, is giving up another $8 million.
In October, Hassell wrote general district court judges that hard times mean they can forget about being paid for unused vacation and sick time, the practice for many years. On retirement, this could translate to an additional $5,000.
A veteran judge in Virginia Beach, Edward Hudgins, was steamed over the new policy and signaled as much to Hassell in an e-mail reply. Hudgins, who had planned to retire Dec. 31 after 37 years, advanced his departure with a two-month vacation.
In rushing the exits, Hudgins said a substitute judge to help clear the clogged docket would cost taxpayers $10,000 -- twice his due.
And what about Hassell's?
The General Assembly doesn't act on his reappointment until 2014. But listening to legislators -- upset with Hassell over the evaluations and treatment of local judges -- the jury is still out.
Contact Jeff E. Schapiro at (804) 6496814 or jschapiro@timesdispatch.com. Watch his video column Thursdays on inRich.com. Listen to his analysis Fridays at 8:33 a.m. on WCVE radio (88.9 FM).
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