Deal Pending on Judgeships
Even as Senate leaders argue bitterly over judges, local lawmakers appear to have broken a long-running logjam over Hampton judicial appointments, agreeing to name four women to various court benches.
Sens. Mamie Locke and John Miller, both Democrats representing precincts in Hampton, announced the deal in an e-mail over the weekend, laying out the four attorneys and their respective judicial slots even though the General Assembly hasn't acted on nominations.
If lawmakers approve the judge resolution, the deal would break a five-year disagreement over Hampton judgeships and it means that Del. Tom Gear' sister, Kathy Gear Owens, is in line for a spot on the bench. But it's clear that Owens was the most contentious name on the list of lawyers vying for the open seats.
"She was not our first choice, or our second choice, but is our compromise choice," Locke and Miller wrote in a joint statement. "We hope Ms. Owens will become the type of judge her supporters tell us she is capable of becoming."
Gear, a Republican, has been a central player in the Peninsula judicial impasse that has dragged on since 2004, and forced local courts to shuffle dockets to make up for a least one open slot. General Assembly tradition gives lawmakers in the majority party a tremendous amount of sway over local judges and Gear is the only Republican in the House representing Hampton.
The Gear family connection has been a running theme surrounding the judicial dispute for years with Owens' name consistently hovering around the process. Owens has served as a substitute judge and been considered for judgeships since 1995 but has been spurned by the legislature.
Gear feuded for years with former Sen. Marty Williams, R-Newport News, who represented sections of Hampton but was ousted during a primary campaign last year. This year, Gear battled with Democrats saying that the four potential appointments should be split evenly between the House and Senate.
But if Locke and Miller's statement proves true, House Republicans apparently agreed to nominate the top three candidates that the pair of Democrats put forward a little more than two weeks ago. The deal would also create a curious juxtaposition that finds Senate Democrats grudgingly putting forward a judicial nominee who is a sibling of a member of the House.
Under the apparent agreement, Bonnie Jones would be elevated from her spot on General District Court to Circuit Court. Jones is the first woman and second black person to serve on Hampton's bench. Hampton Commonwealth's Attorney Linda Curtis would fill a void in General District Court - she has been the city's top prosecutor since 1995.
Tonya Henderson-Stith - an attorney with a downtown firm - would fill a spot on the General District Court and Owens would ascend to a post on the Juvenile and Domestic Relations Court.
Gear and House Republican judge negotiator Del. W.R. "Bill" Janis, Henrico, said it was premature to comment on something that they haven't officially approved or voted on, calling the deal "speculation."
Gear said he has had almost no contact with Locke and Miller in the past couple of weeks, and said questions about the compromise should be directed to Janis.
"You'd have to ask Bill Janis," Gear said Saturday. "He negotiated with them."
Lawmakers were supposed to wrap up this year's legislative session over the weekend, but a budget battle has pushed the legislature into overtime. Legislators are set to return to Richmond on Tuesday night to vote on a two-year spending plan and could vote on judgeships then.
If the House and Senate are unable to reach an agreement, Gov. Timothy M. Kaine would be allowed to make interim judicial appointments that would last for one year.
Published in the Daily Press on March 10, 2008
Article by Kimball Payne