RICHMOND — Virginia's General Assembly completed its special legislative session Tuesday by naming eight judges to a greatly expanded state Court of Appeals, with Democrats hailing it as the latest in a series of transformations to state government ahead of crucial elections this fall.
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The session, which began Aug. 2, also featured lawmakers parceling out $4.3 billion in federal coronavirus relief money. Nearly a quarter, or $1.1 billion, remains unappropriated as a hedge against future needs, but the windfall will otherwise fund major initiatives such as the spread of rural broadband, shoring up the unemployment trust fund and improving ventilation systems in schools, and helping businesses survive the pandemic.
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“We have so much to be proud of, when you look at the budget and how we were able to help Virginians as we come out of this pandemic. .？.？. And we were able to move forward on judges in such a historic way,” House Speaker Eileen Filler-Corn (D-Fairfax) said as members noisily packed up their things to leave the House floor.
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The General Assembly voted this year to expand the state’s second-highest court, the Court of Appeals, to allow a right of appeal in all criminal and civil cases. Virginia had been the only state without such a guarantee.
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The Democratic-controlled legislature agreed to increase the number of judges to 17 from 11 to handle the volume, and with two vacancies, that meant there were eight seats on the bench to be appointed.
Four of the judges elected by lawmakers Tuesday are Black, and four are women, bringing a historic level of diversity to the court.
Only a few Republicans in the Senate voted for the judges, and none did so in the House. Virginia tradition frowns on voting against a judicial candidate, so the GOP lawmakers simply didn’t vote as a protest of what they saw as overreach by the Democrats.
“This was part of a court-packing plan,” said House Minority Leader Todd Gilbert (R-Shenandoah). “That was offensive to many of us. .？.？. The process of expanding the court so broadly, we took great issue with as a matter of public policy.”
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The newly elected appeals court judges, each of whom will serve an eight-year term, are: Dominique A. Callins of Front Royal, who practices family law at Simms Showers; Doris Henderson Causey of Henrico, managing attorney of Central Virginia Legal Aid Society; Vernida R. Chaney of Alexandria, a criminal defense lawyer at Chaney Law Firm; Frank Friedman of Roanoke, chairman of the Woods Rogers appellate team; Junius P. Fulton of Norfolk, a Norfolk Circuit Court judge; Lisa M. Lorish of Charlottesville, an assistant federal public defender and appellate specialist for the Western District of Virginia and lecturer at the University of Virginia School of Law; Daniel E. Ortiz of Fairfax, a Fairfax County Circuit Court judge; Stuart A. Raphael of Arlington, a former Virginia solicitor general who is a partner at Hunton Andrews Kurth.
Lawmakers also voted on judges for other Virginia courts, and because the shuffling of jurists creates other openings, the General Assembly recessed the special session without adjourning. That would enable them to return to Richmond to fill any vacancies — and prevent Gov. Ralph Northam (D) and the Circuit Courts from filling those slots themselves with recess appointments.
With all 100 seats in the House up for election this year, along with statewide races for governor, lieutenant governor and attorney general, members clearly were thinking about politics.
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As the Senate prepared to go home Tuesday, Sen. Steve Newman (R-Bedford) shoehorned in a speech that criticized Northam for changing his stance on masks in schools — amplifying an issue Republican gubernatorial contender Glenn Youngkin has seized on in his race against former governor Terry McAuliffe (D).
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Northam said in late July that he would leave school mask decisions up to local school boards. But he shifted gears after the Centers for Disease Control and Prevention changed its own guidelines to reflect the latest research, which has found the delta variant caused more severe illness and could still be spread by vaccinated people who have breakthrough infections.
Northam stated last week that state law requires schools to follow current CDC guidance, which recommends that everyone older than 2 wear masks inside school buildings.
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“The guidance on July 21 was one all we could support: Trust local authority,” Newman said. “We got something different last week. I don’t know what changed.”
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Sen. Jennifer L. McClellan (D-Richmond) defended Northam — and by extension, McAuliffe, who supports following CDC guidance on masks.
“So that’s what’s changed — the virus is evolving,” she said. “I think we need to understand that while we may not like some of the decisions, they’re being made based on science and what we know about an ever-changing disease.”
Earlier in the week, Democrats held a special ceremony on the floors of the House and Senate to recognize some of the Virginia State Police officers and National Guard members who raced to defend the U.S. Capitol on Jan. 6 as supporters of President Donald Trump stormed the building. Some Senate Republicans fumed during the presentation, calling it an effort to gin up anti-Trump sentiment ahead of the governor’s race.