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Roush has backing of Northern Virginia legislators

Peter Vieth//July 26, 2015

Roush has backing of Northern Virginia legislators

Peter Vieth//July 26, 2015//

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Fairfax Circuit Judge Jane Marum Roush will bring powerful legislative support with her as she accepts a recess appointment to the Supreme Court of Virginia this week.

Gov. Terry McAuliffe is expected to name Roush Monday morning to a seat on the high court that will be vacated Friday by the retirement of Justice LeRoy F. Millette Jr.

Roush was recommended for the post by a 13-member coalition of Fairfax County General Assembly members in a May 18 letter.

On the letterhead of Republican Del. David B. Albo, the mostly Democratic Fairfax delegation described Roush as “one of the premiere judges in all of Virginia.”

“Roush is non-political, and most importantly, she knows that a judge applies, not writes, the law,” the legislators said.

“She is the judge that the Supreme Court calls when it has a tough case elsewhere in the state that the local judges can’t handle,” the letter read.

The letter highlighted Roush’s role in the 2003 trial of one of the “D.C. Sniper” defendants, her ground-breaking 2012 decision to dismantle a family-run business based on findings of corporate oppression, and her current work on the Alexandria murders case.

The Richmond Times-Dispatch reported Friday, based on information from three government sources, that the Democratic governor would appoint Roush Monday.

Roush’s support by Albo – chair of the Republican-controlled House Courts Committee – likely signals smooth sailing when the Assembly considers whether to elect her to a full 12-year term, according to Carl W. Tobias.

Tobias, a University of Richmond law professor, closely follows judicial selection at the state and national levels.

“I think if Albo’s on board, that makes a huge difference,” he said Saturday. “I don’t see big road blocks for her,” he added.

“I can’t imagine where opposition would come from if Albo is leading the support,” he said.

The ranking Republican on the Senate Courts Committee, Sen. Thomas K. Norment Jr., declined to  comment.

Roush’s avoidance of political alliances made her a strong candidate, Albo said.

“In my opinion, it’s a very smart appointment,” he said. “The governor’s picking someone who should have no problem getting through the process.

Roush’s long history on the bench was an asset, Albo said.

“When you appoint someone who’s been on the bench for 22 years, you’re getting a known commodity,” he said.

The Fairfax delegation said it was time that the county again had a presence on Virginia’s top court.

“Fairfax County holds 25% of the state’s population, but we have not had a Fairfax judge appointed to a seat on the Supreme Court for many years. If we recall correctly, the last judge from our area was Barbara Keenan, and she was originally appointed in 1991,” the legislators wrote.

Tobias said they have a point.

“I think there’s something to be said for geographic representation,” he said. “That’s a part of the state that’s a driver of the economy.”

Del. Gregory D. Habeeb, R-Salem, was strongly supportive of Roush’s candidacy, but he wished McAuliffe had solicited input from legislative sources.

“It’s a little frustrating the governor hasn’t included the General Assembly in his thought process,” Habeeb said. “The governor’s office has shared little to no information with many members of the General Assembly,” he added.

Habeeb said he often had encouraged Roush to put in her name for Supreme Court vacancies. She did so in 2009, before Habeeb was elected to the legislature. She was highly rated by bar associations that year, but the Assembly selected former Attorney General William C. Mims when congressional delays denied then-Gov. Timothy M. Kaine a chance to make the appointment.

It was not clear from legislative sources whether Roush will be asked to appear before the Assembly courts committees as a candidate for election to a full term.

Some level of evaluation will take place, Habeeb said.

“We owe it to the system to apply that level of scrutiny,” Habeeb said. “It’s appropriate to let that process run its course.”

The outcome was not seriously in question, Habeeb said.

“I fully expect her to come out of that with flying colors,” he said.

Aside from special appointments, Roush has become known to many attorneys outside of Northern Virginia through her regular presentations on Supreme Court decisions at meetings of the Virginia Bar Association and the Virginia Trial Lawyers Association.

Habeeb praised Roush’s decision – in a May decision – to order a new trial when a jury awarded no damages despite uncontested evidence of liability and injury.

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