From the Archives: Virginia political leaders mourn passing of Supreme Court Justice Leroy Hassell

Virginia political leaders mourn passing of Supreme Court Justice Leroy Hassell
February 9, 2011 1:53 PM MST

On February 9, the Virginia Supreme Court announced the death of one of its members, Justice Leroy Rountree Hassell, Sr., who had served on the state’s top bench since 1989. He also served as Chief Justice from 2003 through the end of last month.

Born and raised in Norfolk, where he attended Norview High School, Hassell was a graduate of the University of Virginia in Charlottesville as well as of Harvard University Law School. He was 55 years old at the time of his death.

Governor Bob McDonnell has ordered that all flags at local, state, and federal buildings in Virginia will be flown at half-staff until Justice Hassell’s burial.

Calling Justice Hassell “a personal friend who will be greatly missed,” Governor McDonnell recalled “numerous private lunches” with the judge, in which he displayed “keen insights into the human spirit.”

'Brilliant legal mind'
With Hassell’s death, McDonnell said, “Virginia has lost a brilliant legal mind, accomplished jurist and devoted public servant.”

Hassell, McDonnell added, had passion and drive that led to his becoming a state Supreme Court justice at the age of 34, “one of the youngest justices in the history of the court.”

McDonnell noted that when Hassell became the first African-American chief justice in 2002, it was “a monumental achievement for Virginia and for him.”

The Governor praised the Hassell for “standing his ground on principal in the court, making his concerns known in an effort to improve the judicial system.”

'Well respected by all'
Lieutenant Governor Bill Bolling also issued a statement, saying in an email message:

“Chief Justice Hassell’s impact on Virginia’s judiciary will be felt for many years to come. As the first African-American Chief Justice of the Virginia Supreme Court, Chief Justice Hassell played an important role in continuing our state’s progress toward a more perfect union. He was well respected by all who knew him and worked with him.”

'Culture of merit and justice'
Attorney General Ken Cuccinelli said in his own statement that “Chief Justice Hassell played an important role in helping our generation look beyond the racial lines that separated us, and toward a culture of merit and justice that unite us. He was both generous and resolute in his determination to help his fellow man. Virginia is greater and stronger because of his example, and he will be greatly missed.”

According to the Governor's office, Justice Hassell's body will lie in state in the capitol building in Richmond prior to his burial. At press time, complete funeral arrangements had not been released.


Publisher's note: This article was originally published on Examiner.com on February 9, 2011. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: 3 Virginia legislators explain their votes against gay judge candidate

3 Virginia legislators explain their votes against gay judge candidate
May 20, 2012 3:52 PM MST

In separate interviews at the Fifth Congressional District Republican Convention on May 19, three members of the Virginia House of Delegates offered virtually identical explanations for their votes to reject openly-gay prosecutor Tracy Thorne-Begland’s nomination to be a General District Court judge.

The rejection of Thorne-Begland made national headlines last week after a post-midnight roll call failed to return the 51 votes needed to approve his election as a judge who presides over traffic citations, minor crimes, and small claims. (In other states, the occupant of such a bench might be known as a magistrate or justice of the peace.)

None of the three, interviewed by the Charlottesville Libertarian Examiner on the grounds of Hampden-Sydney College near Farmville, mentioned the fact that Thorne-Begland is gay or that he is married to a same-sex partner. All said their vote was about Thorne-Begland's political activities during his tenure as an officer in the U.S. Navy.


‘Contrary to the oath’

Delegate Rob Bell, who represents a district near Charlottesville, said that he voted “no” on the Thorne-Begland nomination.

Bell explained that he “thought the actions [Thorne-Begland] took while an active-duty military officer were contrary to the oath of office and the Military Code of Justice and I thought the actions he took thereby meant that I did not think he would be a good judge for Virginia.”

Delegate Danny Marshall represents the city of Danville and parts of Pittsylvania and Henry counties. He also voted to block Thorne-Begland’s election.

“I’m glad you asked why,” he said.

Noting that he is not a military veteran himself, Marshall said he listened “to the passion” of fellow legislators with military backgrounds.

‘Political agenda’
“When you go into the service,” he said the veterans explained to him, “you raise your right hand and say you will not use that uniform as a sounding board for any of your political agenda. He did that. He [wasn’t] supposed to do that. My concern was, if he’s already done something that he said he would not do, would he use that court to move his political agenda forward? That’s what I was worried about.”

Pointing out that he is not a lawyer, Marshall continued, “judges call balls and strikes. We as the General Assembly -- we set the laws. They don’t set the laws; they don’t set the agenda. We set the agenda and let them call balls and strikes. That’s my worry -- that he would do more than call balls and strikes.”

Asked about the election of two former members of the General Assembly, Clay Athey and Bud Phillips, as judges the same day that Thorne-Begland was rejected, Marshall argued there was a difference in the kinds of political activism in the three cases.

“We vote on 3,000 or so bills each year in the General Assembly,” he said, but the two former legislators did not have one issue that motivated them.

“Clay Athey or Bud Phillips did not have one issue they were worried [about]. Again, it’s 3,000 bills or so each year, so they didn’t have that animal rights issue or whatever issue, they did not have a single issue. This gentleman had a single issue” in his background, Marshall said.


‘Certainly qualified’
Delegate Marshall conceded that, “if you looked at his résumé, he was certainly qualified to do the job. I listened to the other lawyers in Richmond [and] he’s done a heck of a job in prosecuting people” in the city of Richmond.

“I was torn with this. From that side, he’s got the skills to do the job. My worry is,” he asked, “would he use being a judge to be an activist judge?”

Delegate Charles Poindexter, now in his third term, represents parts of Franklin and Henry counties and all of Patrick County. He also voted no on the Thorne-Begland nomination.


‘Pure, poor judgment’

He explained that “the gentleman took an oath when he entered the United States military to uphold the constitution and all the regulations and rules of the United States military. He did not do that. He broke that oath openly, willingly, and publicly several times – not just once but several times, even on television. Anyone would have got kicked out of service for that.”

That, Poindexter said, showed “pure, poor judgment. That’s not something you do. We were there to elect him to exercise good judgment on laws and people and events and circumstances.”

The vote against Thorne-Begland, he said, “had nothing to do with what the charge is about,” that is, the nominee’s being openly gay.

Instead, Poindexter argued, “he just used pure, bad judgment, did not demonstrate the integrity and character to be a judge, and I voted no.”

Publisher's note: This article was originally published on Examiner.com on May 20, 2012. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

From the Archives: Openly gay Navy veteran rejected for judgeship by Virginia legislature

Openly gay Navy veteran rejected for judgeship by Virginia legislature
May 16, 2012 1:40 AM MST

How often does a state legislature’s vote on the appointment of a local traffic-court judge win the attention of the New York Times, MSNBC, Washington Post, and other national news outlets?

Not often (if ever), except when, as in the case of Virginia judicial nominee Tracy Thorne-Begland, the proposed judge is openly gay and the only one of dozens of similar prospective judges rejected by the state House of Delegates.

Thorne-Begland, a prosecutor for the past decade in the Richmond Commonwealth’s Attorney’s office, was sponsored by Republican Delegate Manoli Loupassi and two colleagues to fill an open slot in the city’s General District Court, which has jurisdiction over traffic offenses, small claims, and petty crimes.

Bob Marshall intervenes

Thorne-Begland’s nomination was vociferously opposed by U.S. Senate candidate Bob Marshall, who represents Manassas and parts of Prince William County in the House of Delegates. Marshall said that Thorne-Begland, a Navy veteran who served as a pilot during the first Gulf War, was unsuitable for the job because of his previous activism on behalf of the civil rights of gay citizens and because he is legally married to his same-sex partner even though Virginia’s constitution forbids same-sex marriage.

Marshall argued that Thorne-Begland could not be trusted to uphold the law in a neutral, judicious manner because, like Marshall himself, he is outspoken on gay-rights issues.

Thirty-three legislators voted their approval of the nomination, which had sailed through the Republican-dominated Courts of Justice Committee without controversy. Thirty-one voted against the nomination, while ten abstained and 26 were absent for the 1:00 o'clock a.m. roll call. A majority of 51 votes was necessary for the nomination to succeed.


Social media outrage

Virginia lawmakers and voters took to social media to register their outrage at the vote.

Shortly after the vote, at 1:16 a.m., Delegate Mark Keam (D-Fairfax County) tweeted a photo of the vote display board in the House of Delegates and said, “VA House voted down Tracy Thorne-Begland as a General District Court Judge. First nominee rejected in my 3 years here.”

State senator Adam Ebbin (D-Alexandria) posted on his Facebook wall:

“I'm glad this is being noticed and criticized widely! My worst day in nine years in the General Assembly. I can't imagine how Tracy Thorne-Begland feels.”

State senator Mark Herring (D-Loudoun County) also posted on Facebook:

“The treatment that Mr. Thorne-Begland received by the General Assembly, well after midnight Tuesday morning, was disgraceful and offensive... Together with many of my fellow Virginians, I am embarrassed by what I witnessed take place early this morning.”

Elsewhere on Facebook, Richmond City Council member Charles Samuels wrote:

“It’s rare that I comment about the decisions of other elected bodies, but I have to say that the decision to vote down the judicial sponsorship of Mr. Tracy Thorne-Begland in the General District Court for the City of Richmond surprises, disappoints and frustrates me.”

Delegate Jennifer McLellan (D-Richmond) posted her floor speech on the matter on YouTube, noting that Thorne-Begland "was willing to fight and die for his country but he was not willing to lie about who he was to continue to serve."

On Twitter, the Virginia ACLU stated:

“We don't take positions on judicial [appointments], but shame on [Virginia] House for rejecting Thorne-Begland [because] he's gay.”

Lawyer Brian Schoeneman, a 2011 candidate for the House of Delegates, headlined an article on the widely-read Virginia politics web site, Bearing Drift, “Vote against openly gay judicial nominee another black eye for Virginia.”

Schoeneman wrote that “the vote last night was wrong. We let irrelevant issues cloud the real question – whether Thorne-Begland was qualified and would be competent in doing the job of a General District Court judge – with conjecture and character-assassination. Those are the only questions that matter, and we ignored them by bringing his past activism into play, especially when it would have little impact on the job.”

That article, published on a conservative web site, drew 71 comments by late Tuesday evening, a few favoring the negative vote against Thorne-Begland but most agreeing with the view that the vote was shameful.

Based on those comments and others, many Virginia political activists anticipate that this legislative vote will result in ridicule by late-night TV comedians like Jon Stewart, Stephen Colbert, and Jay Leno.


Publisher's note: This article was originally published on Examiner.com on May 16, 2012. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.