Local attorneys are up in arms over the upcoming appointment of a judge for the 9th Judicial District to preside over General District Court cases in Gloucester, Mathews, Middlesex and New Kent counties.
In what several of the local attorneys have termed a politically-motivated maneuver, the General Assembly Courts of Justice Committees that oversee judicial appointments for the state legislature initially turned down Gloucester attorney Michael Soberick’s request for an interview for the position.
The seat is expected to become available when District Court Judge Jeffrey W. Shaw moves into the Circuit Court judgeship vacated when Judge R. Bruce Long retired in December. Shaw is the only candidate currently being considered for the Circuit Court position.
Shaw was scheduled to be interviewed yesterday in Richmond for the Circuit Court position. Interviews were also scheduled yesterday for Shaw’s possible replacement in the lower court.
Soberick had been recommended for the District Court appointment by three different bar associations—Middle Peninsula, York-Poquoson and Williamsburg. Following an uproar from local attorneys, he was eventually granted a Sept. 17 interview for the position, according to attorney Bill Johnson.
Johnson, a Mathews resident who maintains his law office in Gloucester Court House, said that he and his colleagues were all floored by the slight and concerned about the possible loss of local control over the judiciary. The only person who was initially recommended for the judicial position, said Johnson, was Stephanie Merritt of King William, department counsel for the Virginia Department of Forensic Science.
Johnson said that he had been told that Merritt’s appointment was “a done deal” and that he had been given three reasons for the decision not to interview Soberick—that Soberick didn’t spend enough time talking to legislators, that it’s a Republican-controlled legislature, and that Soberick once ran as a Democrat against former Republican Del. Harvey Morgan for a seat in the House of Delegates.
“That’s just Cro-Magnon thinking,” said Johnson. “It’s an outrageous abuse of power.”
In a Sept. 11 letter to Del. Keith Hodges (R-Middlesex), whose district covers Gloucester, Mathews and Middlesex, and Del. Christopher Peace (R-Mechanicsville), whose district covers New Kent, Johnson pointed out his own Republican bona fides as a two-time Mathews County GOP committee chairman, and regional campaign coordinator for Oliver North’s 1994 U.S. Senate campaign.
Nevertheless, he said, “I am incredulous that Merritt is even being considered for this judgeship.”
Johnson said that the General District judgeship has traditionally been a stepping stone to Circuit Court, which has “tremendous power over a locality.”
“Local boards, local elections, land use and zoning are just a few of the issues that come under its jurisdiction,” said Johnson in the letter, “and now, for the second time in two years, the General Assembly appears poised to not only appoint a non-resident to a District Court Judgeship, but one who will be next in line to the Circuit Court.”
Other local attorneys have written letters about the issue, as well. In an e-mail to the Middlesex County Board of Supervisors, attorney William Moore of Middlesex praised Soberick and said that having a Circuit Court judge who doesn’t live in the locality “could hurt the county and the constituents that the board of supervisors represents.”
Attorney Breck Ingles of Gloucester sent an e-mail to all of the General Assembly delegates whose districts overlap with the 9th Judicial District, saying that Soberick is “well-versed in the law,” “respectful of the court,” “courteous to opposing counsel,” “always well-prepared,” and as the former Gloucester County Attorney, well-regarded by the board of supervisors, planning commission, board of zoning appeals and county employees.
In contrast, he said, Merritt is unknown to local attorneys, has limited trial experience, and “has no record of performance that would give anyone any idea of how she might perform as a judge.”
“Why would your committee appear to have already selected the lesser candidate?” said Ingles in the e-mail. “The only explanation appears to be that the lesser candidate has political connections.”
Ingles said that trial lawyers want the best judges possible because they “make fewer mistakes, have fewer appeals, and are more highly regarded by court personnel, trial attorneys and litigants.”
“Those of us in the trenches,” said Ingles, “that is, those of us trying cases in the courts day in and day out, deserve to have judges who are qualified for the job, judges who have been appointed based on their proven ability and not based on who they know.”
Attorney Amy Van Fossen, president of the Middle Peninsula Bar Association, said that members of the local bar were “incredibly disappointed” when they found out that Soberick hadn’t been given an interview and immediately began circulating e-mails in an effort to set the matter straight. They eventually succeeded in getting Soberick an interview, she said, “but we certainly have members who take the position that the General Assembly has already made up its mind.”
Traditionally, those who are interested in a judgeship seek the support of the local bar association, said Van Fossen. While she supposed that such support wouldn’t be necessary “if you know you have support in the General Assembly,” it’s typical for a local bar to give an endorsement to a qualified candidate to help out delegates and senators “who don’t go into a courtroom every day.”
Gloucester, Mathews and Middlesex comprise “a very unique community,” said Van Fossen, and “unless you’re a part of it and understand the relationships, I don’t think you’ll make the right decisions.”
As one small example, Van Fossen pointed out that local judges understand the waterman culture and know that “people who work on the water can’t pay child support on the first and fifteenth; they can pay when they work the water.”
Merritt is “very intelligent, talented, and charismatic,” said Van Fossen, “but she just hasn’t spent the time in our area.”
The bar’s recommendation didn’t make a difference in the last judicial appointment for the Juvenile and Domestic Relations Court either, said Van Fossen. Local attorney Julianne B. Dias was endorsed for the position and was granted an interview but didn’t receive the appointment.
“I haven’t talked to the legislators,” said Van Fossen, “but I feel it was political … Our district feels it’s been burned and ignored.”
Van Fossen said that Soberick is “one of, if not the, most respected criminal lawyer in the three counties.” She said he had been a substitute judge for 20 years and that, when practicing before him, “you respect his temperament, his attention to testimony, and his decisions. Even if you don’t necessarily agree, you respect that he’s followed the law.”
Soberick’s career “has absolutely covered the breadth of everything that goes on in General District Court,” said Van Fossen.
“Ask any lawyer in Gloucester, Mathews, and Middlesex, and they will tell you that’s Mike’s position,” she said. “He deserves it.”
Soberick declined to comment. Del. Hodges and State Sens. Tommy Norment (R-James City County) and Lynwood Lewis (D-Accomac) couldn’t be reached for comment.
Judicial appointments
Mary Kate Felch, senior research associate for the Virginia Division of Legislative Services, said that the 9th Judicial Circuit consists of 11 localities—Gloucester, Mathews, Middlesex, New Kent, King and Queen, King William, Poquoson, York, James City, and Charles City counties and the City of Williamsburg.
The chief judges of the circuit and general district courts decide which court a judge will sit in, she said.
In the budget climate over the past five years, some judicial seats have been vacant for extended periods of time, said Felch. Retired judges often serve in those vacant seats on an as-needed, $200-per-day basis. A number of seats across the commonwealth are currently vacant, she said, and have been waiting for the return of the legislature to be filled.
The House and Senate Courts of Justice committees interview prospective candidates to determine if they’re qualified for the position, said Felch. They don’t make recommendations. It’s up to the delegates that represent the area where the judgeship is available to get together and decide who to put up for election, she said. If they all throw their support behind one person, the House and Senate vote on that one name. She said she expects the delegation to decide on one person.
Whoever fills the vacant seat will begin sitting on Dec. 1, said Felch. While they could begin as soon as Nov. 1, the date was pushed back in order to achieve savings under the budget agreement reached by Gov. Terry McAuliffe and the General Assembly. Those savings, calculated for the period from July 1 to Dec. 1, will amount to around $3 million.