Oct. 26, 2006 — In an attempt to protest against an emergency legislative session recently called by Gov. Charles W. Turnbull, senators may decide not to act on the nominations of judges Ive A. Swan, Maria M. Cabret and Rhys Hodge to the Supreme Court, Sen. Ronald E. Russell said Thursday.
Earlier this week, Turnbull sent notice to Senate President Lorraine L. Berry saying that he was calling a "special session" so senators could act on the three nominations, which he submitted to the Legislature in late July. Turnbull surmised that senators have had "sufficient" time to act on all three nominations — especially since Hodge's renomination to the Superior Court, which was submitted "weeks after his nomination to the Supreme Court," was recently approved by the Legislature.
However, after a Committee of the Whole hearing Thursday, Russell said that the Rules and Judiciary Committee has not had a chance to gather "all the information necessary" on the three nominees.
"The problem we're having right now is that there are close to 30 nominees pending before the Rules Committee," he explained. "Since there is currently no funding in place to establish or staff the court, what we were trying to do is assess all the other nominees we have before us and prioritize which ones we're going to deal with immediately."
During the meeting, Berry lent her support to Russell's cause. "The governor is calling us into session to do what?" she asked. "We would be here discussing Supreme Court justices when we have no budget for the facility and no building. What is the emergency? I can't figure it out yet."
After the meeting, Russell said he would be filing a "restraining order" in Superior Court in an attempt to stall Friday's session. However, when contacted Thursday evening, Russell said he could not file the motion since he did not garner enough support from a majority of the senators.
"We will be doing something else, though," he said. "There are other ways to dispose of the matter." While Russell said he "preferred" not to disclose how senators plan to deal with the nominees, he said it would be fair to say that the decision might be made not to confirm the judges at this point.
At a Senate hearing held in August, Russell also stated that the judges' nominations should not be acted upon until a suit pending in Superior Court, which challenges the Legislature's decision to establish the court on St. Croix, is settled. He explained that the Rules Committee could not act on the nominations since at least one of the nominees has spoken against putting the court on St. Croix.
Russell, who had volunteered to represent the Legislature in the case, was recently dealt a blow, as Superior Court Judge Leon Kendall ruled against his motion to have the case moved to District Court.
After Thursday's meeting, Russell said he was disappointed in Kendall's decision and would be filing a motion to reconsider the order. "I was hoping that the case would be moved, not only because it is a federal matter and should be heard in District Court, but because moving the case would avoid the appearance of a conflict of interest since some of the judges were appointed by Gov. Turnbull," he said.
However, in his letter to Berry, Turnbull wrote that senators should not take the pending court case into consideration when dealing with the nominees. "The confirmation of the justices is a distinct matter from the establishment of the Supreme Court," he said. "In fact, the justices of the Supreme Court can temporarily hear cases in the Superior Court courtroomsuntil the Supreme Court facilities are constructed."
The nominations are not the only issue up for consideration, however. In his letter, Turnbull also said he would be submitting a bill appropriating $5.75 million from the General Fund to establish the Supreme Court. Turnbull said that the Legislature had, in the past, required that the Public Finance Authority supply the funding.
"However, the Legislature did not designate or reprogram funds for this purpose, and the funds of the PFA have now been obligated for other purposes," Turnbull wrote.
During a board meeting held late Thursday morning, PFA members confirmed that the agency had no money available to finance the project.
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