Hmmm…. It turns out that Judge James Spencer, the judge who presided over the trial of former Governor Bob McDonnell, is married to Judge Margaret P. Spencer — whom McDonnell voted against in 1997 when she was nominated in an unsuccessful bid for appointment to the Virginia Supreme Court. Republican/ conservative bloggers are wondering if Mr. Spencer’s overwhelmingly consistent rulings against McDonnell on points of law and his framing of jury instructions reflect personal animus on his part. At the very least, they are asking, did the judge have a conflict of interest?
I don’t know enough to say one way or another. I’d like to know more about that 1997 vote. If McDonnell had been prominently involved in defeating Ms. Spencer’s Supreme Court judgeship, the conflict-of-interest idea might have merit. If he was but one of fifty or so members of the House of Delegates who voted against her in a party-line vote, it’s more difficult to imagine that Mr. Spencer bore a grudge.
What’s also interesting is that in the wall-to-wall coverage of the trial — including the judge’s rejection of the McDonnell defense team’s numerous legal gambits — none of the media took note of this potential conflict. The issue came to light only when raised yesterday by Will Houp at WAVY TV. (His story here contains some details of the 1997 nominating controversy.)
It’s also worth asking why the story surfaced now, just a month before McDonnell’s sentencing. Did Houp just pick up scuttlebutt in the legal community? Or did McDonnell’s defense team leak this information to apply pressure on Spencer to stop leaning so hard against McDonnell?
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