Wednesday, February 28, 2007

More fiddling

People tell me that the local Republicans were unable to agree on a candidate to succeed Judge Williams in the 29th Circuit, and now no one knows whether the General Assembly still can act or whether Governor Kaine will get to fill the vacant judgeship on an interim basis. The Constitution says: "The General Assembly shall reconvene on the sixth Wednesday after adjournment of each regular or special session for the purpose of considering bills which may have been returned by the Governor with recommendations for their amendment and bills and items of appropriation bills which may have been returned by the Governor with his objections. No other business shall be considered at a reconvened session." Article IV, Section 6.

If Governor Kaine makes the decision, the recess appointment lasts only until next year. Nevertheless, if history is any guide, some of Governor Allen's recess appointees were reappointed way back when, including Justice Kinser, whose initial appointment fell to the governor "because of a partisan deadlock in the General Assembly," according to Virginia Lawyers Weekly of April 28, 1997.

I can imagine some of my Democrat lawyer friends in the 29th Circuit rubbing their hands together.

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