When the Virginia Military Institute’s board of visitors voted unanimously last week to name retired Marine Corps Lt. Gen. David Furness as the school’s next superintendent, three of the governor’s appointees were absent from the tally.
Their seats remain empty after a Fairfax County judge ruled in late July that they had been unlawfully appointed, throwing the board’s composition into legal limbo.
On July 29, the circuit court issued a preliminary injunction in Lucas v. Stimson, a lawsuit filed by senior Democratic lawmakers who argue that Gov. Glenn Youngkin and Attorney General Jason Miyares overstepped their authority by seating nominees the General Assembly had rejected. The order prohibits Jonathan Hartsock, Stephen Reardon, and José J. Suárez from serving on the board while the case proceeds.
Hartsock and Reardon were appointed in late February, less than two weeks before the board voted not to renew the contract of then-Superintendent Maj. Gen. Cedric Wins. Suárez, an alumnus member of the board, was reappointed by Youngkin on April 11 to a fresh four-year term after previously filling an unexpired seat. It is that April reappointment that is now in dispute.
At the end of June, Youngkin named four additional members — Garrett Exner, L. Scott Lingamfelter, Ernesto Sampson, and Lloyd Taliaferro. Those four were allowed to take their seats and participated in the Aug. 15 vote to appoint Furness as VMI’s new superintendent.
The court found that an 8–4 vote on June 9 by the Senate Privileges and Elections Committee to block confirmation amounted to a formal refusal under Article V, Section 11 of the Virginia Constitution, which bars rejected nominees from continuing in office. Youngkin and Miyares have appealed, contending that only a vote of the full legislature can count as a refusal.
The board obeyed the injunction and continued to move ahead with its process of choosing a new superintendent. The three disputed appointees did not participate in the search process or the vote, according to institute officials.
“None of these three appointees were on the search committee, so it did not impact the superintendent search either by timeline or by vote,” said VMI’s director of communications, Sherry Wallace, in response to questions from The News-Gazette.
The lawsuit highlights a broader struggle over gubernatorial appointments and legislative oversight that has drawn VMI into the political spotlight. Former board president Thomas “Teddy” Gottwald, a major Republican donor, is a named defendant in the case, and the board’s earlier decision not to renew Wins’ contract added to partisan tensions in Richmond.
When asked about concerns that political battles in Richmond are spilling over into the institute’s governance, Wallace replied: “VMI’s mission has not changed: educating young men and women to become honorable, ethical leaders.”
For now, the board is operating with 14 active members. The Virginia Supreme Court is expected to hear Miyares’ appeal, which could clarify whether the governor’s recess appointment power allows disputed appointees to serve despite committee rejection.
