Wednesday, December 04, 2013

Judge Who Thinks Being Gay Is a "Choice" to Help Preside Over AG Recount

As long time readers know, my divorce after coming out was a nightmare.  Frighteningly, one of the judge in my case - who opined that being gay is a "choice" - has been tapped by the Virginia Supreme Court to be part of the three judge panel that will oversee the recount in the Virginia Attorney General race recount.  I for one, will NOT be sleeping better at night while this recount remains unfinished knowing that this judge is involved.  The judge in question was first appointed by George Allen and has handed down some questionable rulings (see No.6) - see here as well - in the past.  Here are details from the Virginian Pilot on this, to me, troubling selection:

Circuit Judge Junius P. Fulton III was selected by the Virginia Supreme Court to oversee a fresh tally this month in a contest where Democrat Mark Herring leads Republican Mark Obenshain by 165 votes out of more than 2.2 million cast.

Serving with Fulton are Danville Circuit Court Chief Judge Joseph W. Milam Jr. and Richmond Circuit Judge Beverly W. Snukals, who will sit as chief judge for the recount.

All three were named in an order from Supreme Court Chief Justice Cynthia D. Kinser.

A preliminary hearing is scheduled for today in Richmond ahead of a likely mid-December recount, according to the Obenshain campaign.

By law, a three-judge panel, including the Richmond Circuit Court chief judge and two others appointed by the Supreme Court, supervise a recount when candidates for state office are separated by no more than 1 percent of the votes cast for them.

So-called undervotes and overvotes - ballots where voters didn't select a candidate for each available office or selected more than one in a single contest - will be of particular interest to the candidates' attorneys.

Fulton is a former Norfolk School Board member who, like Kinser, was appointed to the bench by Gov. George Allen.
Justice Kinser - a former law school classmate - was also appointed by George Allen who was a darling of the far right.  When I argued before the Virginia Supreme Court on behalf of Michael Moore who was fired by the Virginia Museum of Natural History, Justice Kinser struck me as incensed that I  described what had happened to Michael Moore as religious based discrimination.  To be candid, I will not feel comfortable with Judge Fulton on the recount panel.

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