Jane Marum Roush

Jane Marum Roush
Justice of the Supreme Court of Virginia
In office
August 1, 2015 – February 12, 2016
Appointed byTerry McAuliffe
Preceded byLeRoy F. Millette Jr.
Succeeded byStephen R. McCullough
Personal details
Born
Jane Ellen Marum

(1956-09-24) September 24, 1956 (age 68)
Massachusetts, U.S.
SpouseDavid A. Roush
Children3
Alma materWellesley College (AB)
University of Virginia (JD)

Jane Marum Roush (born September 24, 1956) is an American lawyer and judge who served as an interim Justice of the Supreme Court of Virginia from 2015 to 2016.

On July 27, 2015, Governor Terry McAuliffe announced his appointment of Roush to fill the vacancy created by the retirement of Justice LeRoy F. Millette Jr. effective July 31, 2015.[1] Under the Constitution of Virginia, this original interim appointment was to expire thirty days after the commencement of the next session of the Virginia General Assembly, unless the legislature elected her to a full twelve-year term.[2] On August 17, 2015, the General Assembly convened in special session but failed to elect anyone to the full twelve-year term before the Senate of Virginia purported to adjourn sine die.[3]

The Constitution prohibits one chamber of the legislature from adjourning for more than three days without the consent of the other chamber.[4] The Governor claimed that this provision applied only to regular sessions of the General Assembly; the House of Delegates and most Senate Republicans claimed it applied to special sessions as well, and that the Senate's adjournment was invalid because the House did not consent. Because there was legal uncertainty about whether the legislature was still in session, it was unclear whether the governor could fill the vacancy created when Justice Roush's original interim appointment expired on September 16, 2015. Nevertheless, the governor announced his view that the legislature was not in session and purported to reappoint her for a second interim term.[5] Whether this second interim appointment was valid or invalid has not been determined. If valid, the second interim appointment expired on February 12, 2016, thirty days after the regular session of the General Assembly began on January 13, because the legislature did not elect her to a full twelve-year term.

On March 2, 2016, the Senate nominated Roush to a full, twelve-year term, beginning March 1, 2016.[6] The House rejected the nomination by a 38–55 vote.[7] Later that month, the General Assembly elected then-Judge Stephen R. McCullough to fill the seat for a full term.[8]

  1. ^ Jackman, Tom (2015-07-27). "Fairfax judge Jane Marum Roush named to Virginia Supreme Court". The Washington Post. Washington, D.C. Retrieved July 27, 2015.
  2. ^ "Article VI, Section 7". Constitution of Virginia. November 3, 1970. Retrieved July 27, 2015.
  3. ^ Portnoy, Jenna (2015-08-20). "Virginia Republicans escalate fight with McAuliffe over Supreme Court judge". The Virginian-Pilot. Norfolk, Virginia. Retrieved August 20, 2015.
  4. ^ "Article IV, Section 6". Constitution of Virginia. November 3, 1970. Retrieved September 15, 2015.
  5. ^ Cain, Andrew (2015-09-15). "McAuliffe to reappoint Roush today". The Richmond Times-Dispatch. Richmond, Virginia. Retrieved September 15, 2015.
  6. ^ "Senate Resolution 65, 2016 Regular Session". Archived from the original on 2018-06-27. Retrieved March 2, 2016.
  7. ^ "House Minutes, March 2, 2016". Archived from the original on March 6, 2016. Retrieved March 2, 2016.
  8. ^ Vozzella, Laura (2016-03-10). "GOP wins long Virginia Supreme Court fight with McAuliffe". Washington Post. ISSN 0190-8286. Retrieved 2018-06-26.