Political traditions like this are enough to drive you nuts.   From inRich.com:

Only in the connect-the-dots universe of Virginia politics could a vacancy on the state Supreme Court determine whether the attorney general resigns in a gamble for governor.

Steve Agee left the court for a federal appellate judgeship. Bill Mims, No. 2 in the attorney general’s office, makes no secret of his interest in the Supreme Court. He is among eight endorsed for the court by the Virginia Bar Association.

Mims’ ambitions are tied to those of his boss, Attorney General Bob McDonnell. And he may want Mims to sit tight.

As the presumed 2009 Republican nominee for governor, McDonnell is likely to face pressure from Democrats to abide by a laughable, half-century-old Virginia tradition: resign to shield, if only symbolically, the state’s law office from politics.

In the heat of a campaign, McDonnell — should he stand down — wants someone he trusts watching his back. That logically would be Mims. But were it so easy that Mims gets the job or a judgeship.

Such uncertainty is among several reasons McDonnell may rule out resignation and risk a hissing match with Democrats by running for governor as a sitting AG. Besides, with kids still at home, McDonnell probably could use the money.

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