Judge Agee sails through Senate confirmation

Media General News Service
Published: May 21, 2008

WASHINGTON - The Senate unanimously confirmed Virginia Supreme Court Justice G. Steven Agee’s nomination to the Richmond-based federal appeals court yesterday, triggering a potential domino of vacancies throughout lower Virginia courts.

With bipartisan support from both senators from Virginia, Agee, 55, sailed through his nomination six weeks after President Bush chose him to join the U.S. Fourth Circuit Court of Appeals.

“This is a very clear manifestation of how two senators of different parties can come together and find the candidate that is eminently qualified,“ said Sen. John W. Warner, R-Va., before Agee was confirmed by a vote of 96 to 0.

Democrats, who control Congress, said this is how fast nominations can move when the White House heeds recommendations from the nominee’s home-state senators.

“Sixty-five days from nomination to confirmation is lightning speed, especially in an election year,“ said Carl Tobias, a University of Richmond law professor.

In a statement after yesterday’s vote, Bush said he appreciated the Senate’s work on this nomination, but criticized Democrats for moving Agee to the appellate bench within three months while skipping other nominees.

“Many of my other judicial nominees have not received a timely confirmation process and their nominations have been pending ... for significantly longer,“ Bush said.

The bipartisanship lifting Agee to one of the most important appellate courts in the nation might not guide the selection of his successor on the seven-member Virginia Supreme Court.

Because the General Assembly—required by the Virginia Constitution to elect all judges—is not in session, it would fall to Gov. Timothy M. Kaine to fill a vacancy on the state’s high court.

However, the legislature will return June 23 for another go at a transportation fix. At that time, lawmakers could pick a new associate justice.

“It’s a little complicated,“ said Kaine communications director Delacey Skinner. “It may be that it makes sense for the legislature to appoint them. It may make sense for the governor to appoint. There are a lot of different factors.“

The Republican-controlled House of Delegates and the Democrat-dominated Virginia Senate quit Richmond last month without naming a new corporation commissioner and about half-dozen circuit court judges.

Kaine has signaled that he is planning to appoint a successor to the retired Theodore V. Morrison Jr. on the three-member State Corporation Commission. Kaine has been urged to name an African-American to the SCC because none has served on the corporate-oversight agency.

Del. William R. Janis, R-Henrico, who vets judicial candidates for the House Republican Caucus, said the legislature may try again in June to choose Morrison’s replacement, fill the circuit court judgeships and elect Agee’s successor.

“We will be in a posture again to have the ability to elect judges,“ said Janis. “We’ll be back in June, and we have a constitutional responsibility to elect judges.“

A complex, bipartisan deal to shift a Henrico County circuit court judge to the SCC and install the circuit’s first African-American woman fell apart because of a dispute between Janis and Sen. Walter A. Stosch, R-Henrico.

Kaine has already made appointments to the Virginia Supreme Court and Virginia Court of Appeals, sparking speculation in legal and legislative circles of a possible deal with the General Assembly.

Kaine could install a corporation commissioner and win a guarantee of legislative approval in return for deferring to the General Assembly next month to elect Agee’s successor.

G. Steven Agee

Age: 55

Hometown: Roanoke, Va.

Education:

Bridgewater College, B.A. 1974

University of Virginia, J.D. 1977

New York University, LL.M. 1978

Career:

Attorney in private practice, 1980-2001

Member, Virginia House of Delegates, 1982-1994

U.S. Army Reserve, Judge Advocate General’s Corps, 1986-1997

Justice, Virginia Court of Appeals, 2001-2003

Justice, Virginia Supreme Court, 2003-present

(Contact Neil H. Simon at (202) 662-7669 or . Contact Jeff E. Schapiro at (804) 649-6814 or .