Rules are for little people. Judges are not mere mortals.

It seems that the Egyptian Supreme Court had determined that the last election was unconstitutional.  Who knew that Egypt had a constitution?  But then I guess that even dictatorships have laws.  It’s just that dictators don’t have to follow them. 

Which brings me to the Commonwealth of Virginia, where judges are appointed by the General Assembly … except when they are appointed by other judges.

It seems that one Tracy Thorne-Begland failed to win enough votes in the General Assembly to receive an appointment to be a general district court judge.  He needed 51 votes, received 33, not even close.  Thorne-Begland is homosexual, a virtual copy of the Mitchell Pritchett character in Modern Family, raising twins with his partner.  During the debate, his opponents said that he lied and failed to follow orders when he joined the Navy and later came out very publicly – appearing on  ABC’s “Nightline” - as homosexual at a time when open homosexuals were not allowed in the military.  Supporters cried bigotry and homophobia.

Enter Richard D. Taylor, chief judge of the Circuit Court who appointed Thorne-Begland to the General District Court of Richmond.  The appointment requires confirmation by the Virginia General Assembly which meets for about 13 weeks at the beginning of each year. 

Was there a judicial emergency in Richmond that required the appointment of another judge?  We know of none.  Were there other candidates for the position?  Yes, there were.  Was political pressure brought to bear on the court?  Yes.  The MSM in Virginia were behind gay judges, having found that there wre none, deciding that bigotry was the only reason for General Assembly opposition.  Then there was the letter to circuit judges from leaders of the five largest Richmond law firms.   Gotta have a gay judge in view of the number of gay lawyers. 

The Republican leaders of the General Assembly are not pleased. 

"Today, the Richmond City Circuit Court exercised their statutory right to fill a vacancy in Richmond's General District Court. We are surprised and disappointed that these judges did not afford the actions of the General Assembly due deference in coming to their decision. Our disappointment has nothing to do with the particular candidate in question, but rather reflects our feeling that in this case, the Richmond Circuit Court is not simply filling a judicial vacancy, but is substituting their judgment for that of the General Assembly and superseding the General Assembly's vested Constitutional authority to choose judges. 

The Circuit Courts may fill a vacancy with the candidate of their choice to ensure that the court will function properly until the General Assembly meets again and can elect a judge for a full term. The authority given to the Circuit Courts was not intended to function as an appeals process for candidates who have been previously rejected by the General Assembly. To place Mr. Thorne-Begland on the bench notwithstanding that rejection is to reach beyond the intended bounds of the Circuit Court's authority to make such recess appointments.”

When will legislators learn?  Following the rules is for little people.