VCC Magazine Fall-Winter 20-21

V irginia C apitol C onnections , F all 2020/W inter 2021 8 consensus. McConnell took advantage of his position of power in the same way that many senior members of congress from southern states used their seniority to block civil rights legislation in the early 1960s. For better or worse, the Constitution gives the Senate the power to advise and consent to Supreme Court nominations. One can only hope that politics will improve and that the Senate will once again operate in the collegial, consensual manner that resulted in the appointments of Ginsburg and Scalia. There are, of course, numerous ways to appoint justices to courts. Virginia supreme court justices are appointed by the General Assembly and have limited terms of 12 years. Members of both houses vote for judicial candidates that are deemed to be qualified by house and senate committees for the Courts of Justice. While this process differs significantly from that for the Supreme Court of the United States, it has no less capacity to generate politically charged results—depending on the partisan composition of the houses of the General Assembly. Judicial term limits are a double-edged sword. On the one hand—and in keeping with contemporary calls to alter the composition of the U.S. Supreme Court—those who call for term limits hope that they would keep a court more up to date and in touch with contemporary political issues. This is rather farfetched reasoning. Unless one believes that judges are somehow cloistered from politics, they are as in touch with contemporary issues as any other citizen. But, term limits do ensure that everyone in the government knows If It’s Not Broke, Don’t Fix it from page 7 exactly which judges are due to retire and when their terms end. As a result, court appointments can take on a predictably partisan air because it is possible to predict vacancies. The absence of term limits for the US Supreme Court avoids this. Regardless of how judges are appointed, depending on the Governor’s party or which party controls the General Assembly there will always be an appearance of bias that favors one party or another. That is due, however, to the success of the political parties in campaigning for election—not any flaws in the process of judicial appointments. Change the process and there will, inescapably, be the appearance of a different sort of bias. The controversy surrounding the U.S. Supreme Court is due to the terrible state of partisan politics in the country. It has nothing to do with the Supreme Court itself. In Virginia, the judicial appointment process works well. Of course, any such process can always be fine-tuned or tweaked. But, if the commonwealth decides to review its judicial appointments process, it should do so because of real problems—not becauseVirginia has been infected with the same political polarization that haunts the country. Mark Rush of Washington and Lee University writes and teaches extensively on voting rights and elections around the world, constitutional issues, and religion. His current research addresses the intersection of law, science, and religion, academic integrity, and statistical analysis of baseball. Diversity Among Jurists By Jennifer Carroll Foy Virginia’s judicial appointments are woefully lacking in diversity. Thus, despite our Commonwealth’s increasingly diverse population, many of our courtrooms remain overwhelmingly white. This is a problem. We need judges that understand the experiences of those involved in the court system. We need judges from all different walks of life and backgrounds, just like the Virginians that they serve. This lack of diversity is painfully clear. Fairfax County appointed a Black judge for the first time in nearly 25 years only last year, despite having a population that is 50 per cent non-white. In my district of Prince William County—one of the most diverse counties in Northern Virginia—just two of the 15 judges were African-American in 2018. There is speculation that the lack of minority jurists is due to there being no qualified candidates applying. But it's becoming clear that after 30 years of steady rejections, the confusing judicial appointment process has discouraged a strong pipeline of applicants. We can combat this reality by ensuring equitable opportunities for minority applicants. In 2018, I launched an initiative, entitled “Diversifying the Bench,” to clarify the process of applying, create a network of mentors and champions for the applicants, and inform our legislators about the importance of diversity and inclusiveness. The success of this effort so far has been gratifying, as six new judges of color were appointed to various courts in Northern Virginia in early 2020. The consequences of a lack of diversity are significant. A lack of diversity risks implicit bias and disproportionate sentencing of minorities. When judges are unable to understand the experiences of those seeking justice, there is a fear among many that they might lean on stereotypes and preconceived notions when deciding cases. To ensure this doesn’t happen, our Commonwealth needs a diverse set of jurists. Diversity on the judicial bench will help to improve public trust and the appearance of fairness, and encourage more Virginians to seek justice. I have been thrilled by Virginia’s progress, but we still have further to go towards creating a more equitable Commonwealth, and judicial system. Delegate Carroll Foy is a Democrat representing Part of Prince William and Stafford. 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