Legislators anoint Fairfax judge candidates

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Two Fairfax County lawyers have been chosen by that county’s state legislators to fill two potential seats on the county circuit bench.

David Bernhard and David Oblon were favored by the delegation of 25 legislators representing Fairfax County after a series of interviews, according to Sen. Scott Surovell, D-Mount Vernon.

The two were selected by secret ballot, Surovell said.

The judicial selection process is unusually regimented in Fairfax. Candidates who express interest in bench vacancies are evaluated and ranked by the Fairfax Bar Association’s Judicial Screening Committee. Then, FBA members vote on the candidates in an online poll.

The bipartisan General Assembly delegation does its own interviews and then votes on its choices. Those choices normally are given deference as legislators interview, certify and elect judges during the Assembly’s annual session.

Bernhard was endorsed by 367 of 714 lawyers voting in the FBA poll.

Oblon received 225 endorsement votes.

One candidate would fill the seat of retiring Circuit Judge David Schell. Another would fill a vacant seat that is not currently funded, but could be funded depending on budget deliberations at the Capitol in January and February. The legislators did not distinguish between the candidates as to the judicial positions.

Bernhard has been noted for handling difficult cases, including legal challenges to state alcohol test “refusal” penalties and collection practices of local toll authorities.

Oblon has a varied practice including criminal and civil work. He has served as a substitute judge for nearly a decade. He was appointed a commissioner in chancery in the Arlington Circuit Court in 2013. He is serving his second term on the Virginia State Bar Council.

Updated Nov. 29 to correct that legislators did not distinguish between the candidates as to the funded and unfunded seats and to add information about Oblon.