Jane Marum Roush

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

Jane Marum Roush
Justice of the Supreme Court of Virginia
In office August 1, 2015 – February 12, 2016
Appointed by	Terry McAuliffe
Preceded by	LeRoy F. Millette, Jr.
Succeeded by	Stephen R. McCullough
Personal details
Born	Jane Ellen Marum (1956-09-24) September 24, 1956 Massachusetts, U.S.
Spouse(s)	David A. Roush
Children	Adam Roush Abigail Roush Quintong Emilie Roush
Alma mater	Wellesley College (A.B.) University of Virginia (J.D.)

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]

Biography

Roush graduated from Wellesley College in 1978 and obtained her law degree from the University of Virginia in 1981.[9] She practiced at Boothe Pritchard & Dudley, which later became part of McGuireWoods LLP, and Hogan & Hartson, which later became part of Hogan Lovells. She was elected a judge of the circuit court of the Nineteenth Judicial Circuit of Virginia, encompassing Fairfax County, in 1993.[9]

References

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 of the Constitution of Virginia (November 3, 1970)
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 of the Constitution of Virginia (November 3, 1970)
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". 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.
9. Siegel, Andrea (2003-11-08). "Judge brings no-nonsense style, poised demeanor to Malvo trial". The Baltimore Sun. Baltimore, Maryland. Retrieved July 27, 2015.