Oct. 5, 2006 — While senators locked horns over a bill giving judges an extra 60 days on the bench after their terms have expired, they still voted to approve the measure during Thursday's full Senate session.
The issue was first raised during a Rules Committee hearing held earlier this week, when senators expressed concern over Gov. Charles W. Turnbull's "last-minute" renomination of Judge Rhys S. Hodge to the Superior Court. During the meeting, senators said that Hodge's first six-year term expired in June (See "Senators Endorse Renominated Judge, Slam Governor").
While V.I. law gives judges an extra 120 days to serve on the bench after their terms have expired, Sen. Ronald E. Russell, chair of the Rules Committee, said there would not be enough time for nominations to be considered before a new Senate takes office in January.
During Thursday's session, Russell explained that the Rules Committee, and subsequently the full Senate, has to go through a "thorough" process, where nominees are questioned, interviewed and investigated.
While the renominations of three other sitting Superior Court judges are still pending, Russell said he might not be able to schedule another Rules Committee meeting before the 120-day "grace period" is up.
"This bill allows the Legislature to act or move forward on the nominations whether or not a judge's term expires," he said during the session. "And it corrects the late submission of nominations sent down by the governor."
He added that considering the nomination of judges "during election time" could be problematic, since senators may be unable to meet to consider the nominees.
"In an election process that could be fraught with all kinds of motives and agendas, it is best that we have a safeguard to take the politics out of the judiciary and give the judges ample time to serve on the bench. This bill does that," Russell said.
Other senators disagreed. Leading the charge for the opposition was Sen. Celestino A. White Sr., who said that the bill was "stupidness."
"The election is coming up soon and you want to go and campaign — that's what's going on," White said. "And this bill is called 'in-case legislation.' You're saying to yourself, 'in case I lose, then the next governor has the opportunity to put me up for a judgeship position.' Sir, you have been sworn in and are still in office until Jan. 11. Why don't you send the judges' names down?"
Sen. Liston Davis added that senators should move "somewhat cautiously" when considering the bill. "There is sufficient time to call this body together to discuss the nomination of the judges in question," he said. "I have a problem with my conscience as to whether this is the right avenue on which to proceed."
Over the past week, senators have specifically mentioned the need to consider the renomination of Superior Court Judge Audrey L. Thomas, who will be unable to serve within the Family Court division if her nomination is not approved by the full Senate by Nov. 5.
"Even with this bill, Judge Thomas' nomination has to be approved by Jan. 6. Her term expired on July 7," Sen. Roosevelt C. David said. "If she is not approved, she will have to go home, and the Family Court will come to a screeching halt."
Senators urged Russell to hold another Rules Committee meeting as soon as possible to consider Thomas' renomination, along with the renominations of Superior Court Judge Brenda J. Hollar and Family Court Judge Patricia Steele.
"I anticipate having another Rules Committee meeting after the election, but I can't promise anything," Russell said. "But I do want to at least address the two Family Court judges before the Legislature closes out next year."
Voting in the favor of the bill were Sens. Craig W. Barshinger, Lorraine L. Berry, David, Adlah "Foncie" Donastorg, Juan Figueroa-Serville, Louis P. Hill, Neville James, Norman Jn Baptiste and Russell.
Davis, along with Sen. Shawn-Michael Malone, Terrence "Positive" Nelson and White voted against the bill.
Sens. Pedro "Pete" Encarnacion and Usie R. Richards were absent.
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