Dispute over judges stymies divided state Senate

The power struggle between Republicans and Democrats in an evenly divided Virginia Senate boiled over Tuesday in a dispute over the election of judges, leading to a stalemate that briefly shut down the chamber.

After nearly two hours, the Senate was able to resume its calendar without resolving the dispute when the House of Delegates and the Senate agreed to postpone consideration of the legislation until Thursday.

At issue is the proposed election of two new judges — former Dels. Clifford L. Athey Jr., R-Warren, and Clarence E. "Bud" Phillips, D-Dickenson — added to a group of judges who were up for re-election Tuesday.

Senate Democrats said they informed their Republican colleagues that they were willing to vote for the re-election of all the incumbents included in House Joint Resolution 246 but wanted to hold off on the appointment of the new judges. Democrats stood firm and Republicans refused to remove the names of the two prospective new judges.

Because each party has 20 members — and Lt. Gov. Bill Bolling is not authorized to break a tie vote on the election of judges — the issue became an impasse played out in pointed floor speeches.

Senate Republican Leader Thomas K. Norment Jr., R-James City, called Democrats "obstructionists." Senate Democratic leader Richard L. Saslaw countered that GOP intransigence was to blame.

"As far as holding up the Senate, we are no more guilty than they are," said Saslaw. "We announced for days what our situation is. … Just for two names they're willing to shut the entire General Assembly down, and the careers of a lot of judges, just to prove they can keep those two names in there."

The partisan dispute was the first time the chamber has had to halt proceedings since Republicans took power this session. But it might not be the last.

Bolling's tiebreaking status enabled Republicans to take control of committees and committee chairmanships for the first time in four years. The realignment has seen Democratic senators dumped from committees and sizable majorities created on committees likely to speed through conservative legislation that previously struggled when the Senate was under Democratic control.

Among the issues already fast-tracked was a redrawing of the state's 11 congressional districts to effectively preserve the 8-3 GOP majority.

The decision to postpone the judges issue followed another interrogatory between Saslaw and Norment.

"Is this a judicial election issue or is this a bruised feeling and political ego question?" Norment asked Saslaw, indirectly referencing the GOP takeover of the Senate.

"I don't get into the motives of what you all do and you ought not to be getting into the motives of what we all do," Saslaw responded, saying Democrats were prepared to re-elect 47 judges Tuesday, but not any new judges.

 While postponing the issue to Thursday allowed the Senate to continue with its calendar, it did not necessarily mean the time will bring a resolution.  "We typically do incumbent judges separate from new judges," said Sen. A. Donald McEachin, D-Henrico. He said he is friends with both new prospective judges, but "I would like to look at all the new judges and make sure we're filling vacancies that are needed."

Athey represented Warren County and parts of Fauquier and Frederick counties from 2002 to 2011. Phillips represented Dickenson County, parts of Russell and Wise counties and the city of Norton from 1990 to 2011.

Each received about $18,000 a year as delegates and would make $158,134 as full-time circuit judges. Their pensions will be set by their three-highest years of salary.

McEachin did not deny the political subtext of the flap that stymied the Senate, and could do so again on Thursday.

  "The Republicans are saying basically, 'It's our way or the highway.' And right now we're on the highway," McEachin said.