General Assembly Elects Mims to Supreme Court of Virginia
Yesterday afternoon, the General Assembly unanimously elected William C. Mims to the Supreme Court of Virginia, effective April 1. The VLW Blog has the story, as does WaPo's Virginia Politics Blog. The Richmond Times-Dispatch has a blurb, and carried a short editorial about Mims a few days ago. That editorial read, in part:
Mims has earned the commonwealth's trust. He has served ably not only in the attorney general's office, but in the legislature. An individual with principles, Mims possesses a judicial temperament. We cannot think of a more fitting choice for the state's highest court.
High praise, indeed. Congratulations, Justice Mims.
Mims served in the AG's office and become AG when McDonnell resigned to run for governor.
What happens when a case before the Va Supreme Court is an appeal of a trial case in which that AG office entered as a friend of the trial court? Would Mims have to recuse himself?
I think it would only be fair if he recused himself.
Great question. I don't know the answer, although it's my general impression that Virginia law is pretty judge-friendly when it comes to recusal. I'll look into this and get back to you.