Judicial Candidate Evaluation Committee
Joseph A. Condo, chair
During FY2015, the Judicial Candidate Evaluation Committee (JCEC) was asked by the House and Senate Courts of Justice Committees to evaluate candidates for a vacancy on the Supreme Court of Virginia and several vacancies on the Court of Appeals of Virginia
Following notice of the vacancy in the Virginia Lawyers Weekly and the collection of extensive background information, the Judicial Candidate Evaluation Committee conducted interviews with twenty-five individuals on October 21, 2014. The committee’s report and recommendations were reviewed by the bar's Executive Committee.
Under the bar’s policy, most recently revised in June 2012, the Judicial Candidate Evaluation Committee is charged with evaluating the qualifications of each candidate and rating those found to possess the requisite experience, temperament, integrity and ability as either qualified or highly qualified. Each person’s rating is also accompanied by an executive summary, prepared by the committee, which explains the basis for the rating.
The Judicial Candidate Evaluation Committee consists of well-respected members of the practicing bar in the Commonwealth of Virginia, comprising a blue-ribbon panel of lawyers from across Virginia. The following JCEC members participated on March 26th:
Joseph A. Condo, Chair McLean
*David W. Bouchard Chesapeake
Henry S. Keuling-Stout Big Stone Gap
*Anthony H. Monioudis Danville
Jennifer L. Parrish Fredericksburg
*Nancy G. Parr Chesapeake
Todd G. Patrick Waynesboro
Michael A. Robusto Virginia Beach
Marshall H. Ross Richmond
Jason S. Rucker Falls Church
William L. Schmidt Fairfax
Kristine L.H. Smith Lynchburg
Kristina P. Stoney Richmond
Hunt H. Whitehead Richmond
David J. Whitted Chesapeake
*[1]Michael M. York Reston
Irving M. Blank serves on the committee as a nonvoting member representing the Executive Committee. Karen A. Gould attended as Executive Director of the VSB. Committee member Thomas T. Cullen of Roanoke was unable to attend.
The evaluation process undertaken by the JCEC is time-consuming and complex. The JCEC members conduct an investigation of each candidate in advance of the meeting by interviewing lawyers and judges familiar with that individual. The JCEC then receives the reports of each investigation before interviewing each candidate. After each candidate is interviewed, a vote is taken as to whether the candidate is “Qualified,” taking into consideration the factors outlined in the JCEC policy, i.e., integrity, professional competence, experience, temperament, civic activities, and public service. A majority of the JCEC members voting is required for a candidate to be designated as “Qualified.”
A majority of those voting in a second vote is required for a candidate to be designated as “Highly Qualified.” The “Highly Qualified” designation is an evaluation of “whether any of the candidates deemed qualified possesses a level of qualification and distinction sufficiently greater than the others to merit the designation of "Highly Qualified.” This second vote is conducted after all the candidates have been interviewed.
If a candidate is found not to be qualified for whatever reason, no report is prepared regarding that candidate.
The Committee started each interview with the following series of questions:
- Have you ever had a civil judgment entered against you?
- Have you ever been subject to a tax or other type lien by a government or administrative agency?
- Have you ever been sanctioned by a government, administrative or regulatory agency?
- Have you ever been subject to a collection action for failure to satisfy a judgment, lien, or other sanction?
Each candidate answered in the negative to these questions.
The nine candidates evaluated for the Supreme Court of Virginia vacancy were:
Thomas W. Aldous, Jr.
W. Coleman Allen, Jr.
The Honorable Rossie D. Alston
The Honorable Randolph A. Beales
L. Steven Emmert
The Honorable Mary Jane Hall
The Honorable D. Arthur Kelsey
Christy A. McCormick
The Honorable Stephen R. McCullough
The twenty candidates evaluated for the vacancies on the Virginia Court of Appeals were:
Thomas W. Aldous, Jr.
The Honorable Chadwick S. Dotson
J. Jasen Eige
L. Steven Emmert
The Honorable Richard E. Gardiner
The Honorable Mary Jane Hall
The Honorable Gary A. Hicks
The Honorable Christopher W. Hutton
The Honorable Colleen K. Killilea
Maureen R. Matsen
Christy A. McCormick
The Honorable Stacey W. Moreau
Patricia P. Nagel
The Honorable Lorraine Nordlund
The Honorable Mary Grace O'Brien
Wesley G. Russell, Jr.
Elwood E. Sander, Jr.
The Honorable Josiah T. Showalter
The Honorable Robert J. Smith
Virginia B. Theisen
After reviewing the submissions of the candidates, receiving summaries of the background investigations and interviewing the candidates, the committee made the following evaluations of the candidates for the Supreme Court of Virginia, listed in alphabetical order, with the vote regarding each individual recorded in the column as indicated:
|
Supreme Court of Virginia |
Qualified |
Highly Qualified |
|
W. Coleman Allen, Jr. |
16-0 |
|
|
The Honorable Rossie D. Alston |
16-0 |
|
|
The Honorable Randolph A. Beales |
15-1 |
|
|
L. Steven Emmert |
16-0 |
14-2 |
|
The Honorable D. Arthur Kelsey |
16-0 |
14-2 |
|
The Honorable Stephen R. McCullough |
11-5 |
|
With regard to the evaluations of the candidates for the Court of Appeals of Virginia, the committee made the following evaluations, with the candidates listed in alphabetical order, with the vote regarding each individual recorded in the column as indicated:
|
Court of Appeals of Virginia |
Qualified |
Highly Qualified |
|
The Honorable Chadwick S. Dotson |
12-4 |
|
|
L. Steven Emmert |
15-0 (1 abstention) |
12-3 (1 abstention) |
|
The Honorable Mary Jane Hall |
9-7 |
|
|
The Honorable Gary A. Hicks |
16-0 |
14-2 |
|
The Honorable Christopher W. Hutton |
16-0 |
15-1 |
|
The Honorable Stacey W. Moreau |
16-0 |
16-0 |
|
The Honorable Lorraine Nordlund |
11-5 |
|
|
The Honorable Mary Grace O'Brien |
16-0 |
16-0 |
|
Wesley G. Russell, Jr. |
13-3 |
|
|
The Honorable Josiah T. Showalter |
15-0 (1 abstention) |
14-1 (1 abstention) |
|
The Honorable Robert J. Smith |
16-0 |
|
|
Virginia B. Theisen |
16-0 |
|
[1] Because of the large number of candidates, former JCEC members designated by an * in this list were recruited to assist in the background investigation, interview and deliberation process. These persons serve by virtue of a special appointment by the VSB president.
