26 apply for Appeals Court seats

The possibility of five open seats on an expanded Court of Appeals of Virginia has produced a field of 26 applicants for evaluation by Virginia lawyers.

The list includes judges and lawyers who have applied before for openings on the court, and even some who recently sought consideration for a federal judgeship.

The names below – in alphabetical order – were provided by the Virginia State Bar.

The court of appeals expansion plan was not yet available on the state legislation information system at press time. Proponent Sen. Scott Surovell, D-Fairfax, says details are “a work in progress” involving other legislators, including Senate Judiciary Committee chair John Edwards, D-Roanoke.

Surovell provided some details at press time. He said every criminal appeal would be considered by a three-judge panel. There would be no screening of civil appeals.

Appeals from the Court of Appeals to the Supreme Court would be by certiorari with no requirement of substantial precedent.

The expanded court would have no regional circuits or fixed regional panels.

Gov. Ralph Northam included $5.1 million in his budget recommendations to pay for expanding the Court of Appeals by four judicial seats. The fifth open seat is that of Judge Rossie D. Alston Jr., now on the federal bench.

The candidates are:

• Judge David Bernhard, Fairfax County Circuit Court
• Patrick M. Blanch, Fairfax attorney
• Trevor S. Cox, Richmond attorney
• Michelle C. F. Derrico, Roanoke attorney
• Judge Dale B. Durrer, Orange County Circuit Court
• Jennifer R. Franklin, William & Mary law professor
• Judge Junius P. Fulton, Norfolk Circuit Court
• Judge Richard E. Gardiner, Fairfax County Circuit Court
• Scott D. Helsel, Reston attorney
• Michael V. Hernandez, Regent University law professor
• Joseph D. King, Alexandria attorney
• Judge David W. Lannetti, Norfolk Circuit Court
• Alice Anne Lloyd, Assistant attorney general
• Lisa M. Lorish, Federal public defender, Charlottesville
• Judge Stephen C. Mahan, Virginia Beach Circuit Court
• Judge Wesley G. Marshall, Virginia Workers’ Compensation
• Kyle McNew, Charlottesville attorney
• Judge Joseph W. Milam Jr., Danville Circuit Court
• Judge Daniel E. Ortiz, Fairfax County Circuit Court
• Wayne Powell, Midlothian attorney
• Stuart A. Raphael, Northern Virginia attorney
• Patricia A. Rene, Williamsburg attorney
• Jonathan P. Sheldon, Fairfax attorney
• Virginia B. Theisen, Senior assistant attorney general
• Daniel T. Young, Assistant U.S. attorney, Alexandria
• Catherine French Zagurskie, Virginia Indigent Defense Commission

Updated Jan. 8 to correct the spelling of “Bernhard.”