A new legislative world

Time will tell the effectiveness of General Assembly’s special session

The long, long, special, special session has reached a conclusion. Or will reach a conclusion, soon. Any day now. Brave assurances have been dispatched to the population that our citizen legislature will at last stop legislating. At least until January.

So, what was the point? Initially, the budget was the thing. But the Northam administration repeatedly stated that it could, on its own, adjust where necessary, amend as required and otherwise motor ahead to the regular, scheduled session next year.

So, again, what was the point? Answer the emergency. Whatever the emergency might be.

Thus, the Democrats stormed the field, whipping their heads from side to side, resolutely determined to act with heroic purpose. Economic relief! Racial justice! Public health!

Unsurprisingly, all dragons were slayed. “I am proud of the hard work put in by the House Democrats, whose passion for public service shines brightly in the legislation they put forth and supported during Special Session,” declared Democratic House Majority Leader Charniele Herring.

The commonwealth has become “safer, healthier, more just and equitable,” said another Democrat.

“We are in this together. Happy holidays. Wear a mask.”

A couple of lawmakers punctuated their claims to greatness with reminders to vote “no” on Amendment No. 1. “It is insufficient for non-partisan redistricting,” one Democrat said. “the General Assembly can and will do better.”

Now, that’s ripe. The Redistricting Commission, whether you approve or not, constitutes one of most thoroughly vetted, scrutinized and debated proposals in recent memory. It has been endlessly examined, dissected and analyzed.

The legislation that just escaped this special session? Not quite so much. It was almost entirely considered sans direct, personal engagement. It was legislatively manufactured by remote control, with pandemic-inspired lawmaker distancing.

Still, “over the course of this special session, Virginia has led the way where others have yet to act,” said Eileen Filler-Corn, speaker of the Virginia House of Delegates.

“Together with our colleagues in the Senate, Virginia is now a national leader in the effort to pass necessary improvements to policing and criminal justice.”

OK. No-knock search warrants — a practice almost guaranteed to inspire abuse — will be prohibited and the odor of marijuana will no longer suffice as pretext for police searches. That’s a step forward.

Localities may opt for citizen oversight of police conduct, based on laws just passed, and it that contributes to public confidence in local law enforcement, all the better. If, on the other hand, such panels become politicized, that could take us backward.

A bill, now before the governor, to take criminal sentencing decisions out of juries’ hands, constitutes a serious reform, with serious fiscal implications. defense lawyers seem to be saying here, well, a “jury of your peers” is OK — but only up to a point.

The cost of this reform ought not to be determinative, but neither should it be shrugged off, as proponents have been inclined to do.

But why speculate about the consequences of these reforms?

Why advance premature conclusions, when the new laws have yet to take effect?

We can find out in due course. We can take the time and effort to examine the effects.

It’s called oversight. Charge the Joint Legislative Audit and Review Commission with the task of review. Over the next year or so, have it drill down and see what the special session really produced.

While the truth may not set us free, it could reveal whether an unstructured, organizedon-the fly, remotely directed lawmaking session can genuinely produce socially useful results.

In the meantime, back to the budget. The Joint Advisory Board of Economists will meet in two weeks and began the process of assessing the fiscal road ahead. Nearly a quarter billion in new expenditures were just improved during the special session.

Soon we will learn whether the money will exist to cover that new spending. We’re operating in a different legislative world in Virginia.