Del. Jackson Miller, R-Manassas, said Gov. Timothy M. Kaine may have erred in appointing Judge LeRoy Millette, Jr. to the Virginia Supreme Court at this time.
"There may be a problem with this appointment because it's been done in a recess," Miller said.
The recess appointment, which will be reviewed when the General Assembly convenes in January, may cause a bit of "heartache" among some legislators, Miller said
"It's possible that he could be taken off the Supreme Court," said Miller, who will support Millette in spite of the recess appointment.
"I think he's a great pick. I think he's a great judge. I'm 100 percent behind him," Miller said.
Millette gained national recognition when he presided at the trial of D.C. sniper John Allen Muham-mad.
But Miller said there could be a move in the House of Delegates to try and thwart the appointment to chas-tise Kaine for the end run.
"There's a possibility of the Republican caucus making a move to pull him off," Miller said. "I think the governor should have conferred with the legislature first."
House Majority Leader Morgan Griffith, R-Salem, said he didn't think Kaine had engaged the Re-publican caucus in "any kind of meaningful way."
The problem, Griffith said, is that the Republican caucus didn't get the chance to talk things over.
"Millette may very well be the right guy. We just haven't had the opportunity to discuss it," Griffith said.
Kaine spokesman Gordon Hickey said the legislature had plenty of time to approve judicial appointments during its last session, but didn't.
"The General Assembly members had ample time to appoint judges when they were in session, and did not," Hickey said.
According to Hickey, Kaine consulted with the leadership of both parties before making the recess ap-pointments, and Millette passed muster.
"Judge Millette is eminently qualified," Hickey said.
Keith Walker can be reached at 703-369-6751.
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