Partisan Battle to Appoint to Virginia Supreme Court

Virginia is one of only two states in which the legislature selects the supreme court. As noted earlier,   A Democratic governor recently filled a vacancy with someone (Justice Jane Marum Roush) the Republican legislature recently chose to replace.As the Richmond Times reports, "If the legislature remains in session, Roush would have to leave the court 30 days from Monday without legislative endorsement. If it remains adjourned, McAuliffe could appoint her to another interim term that would last until 30 days following the next session of the General Assembly.

Virginia Supreme Court Selection

Virginia is one of only two states in which the legislature selects the state's highest court. As the Washington Post explains, "Judicial appointments generally are left to the legislature. But when it’s not in session, the governor may fill a vacancy." A Democratic governor filled a vacancy with someone the Republican legislature recently chose to replace.

Change to Virginia Judicial Selection?

Virginia one of only two states in which legislature selects top judges

Virginia and South Carolina are the only two states in which the legislature alone selects the state's highest court.  In about a dozen states the legislature, or one of house of it, shares the power to select the supreme court, with the governor and perhaps a nominating commission having some power as well.

This piece from the Virginian Pilot argues that Virginia's system "means judicial appointments can become patronage positions. Petty political disputes result in appointment holdups that burden the system. Qualified candidates face battles over issues irrelevant to their ability to serve."

The Pilot's editorial concludes "More than 30 other states have instituted hybrid systems in which a commission vets judicial candidates and then makes recommendations to the governor for appointment. Virginia should consider something similar."  The descriptive problem with this statement is that it overstates the number of states and the normative problem with this statement is that it lumps together states in with and without senate confirmation and states with and without special powers for the bar.