Virginia Supreme Court Justice Barbara M. Keenan was confirmed by the U.S. Senate yesterday to fill a vacancy on the Richmond-based 4th U.S. Circuit Court of Appeals.
The 59-year-old Keenan, who has been on the Virginia Supreme Court since 1991, will be the first female judge from Virginia to serve on the 4th Circuit, which handles federal appeals from Virginia, West Virginia, Maryland, North Carolina and South Carolina.
She was recommended by Sens. Jim Webb and Mark R. Warner last June and nominated by President Barack Obama in September.
"I am pleased by the unanimous confirmation of Justice Barbara Keenan to the 4th Circuit," Webb said yesterday.
Warner, however, said, "I am disappointed that Justice Keenan's noncontroversial nomination was delayed more than four months by unnecessary filibusters that came to an end with two unanimous, bipartisan votes."
Carl Tobias, a professor at the University of Richmond School of Law, said Webb and Warner appropriately forced a final 99-0 vote on Keenan. The 4th Circuit, which had four of 15 judgeships vacant, needs all its judges, he said.
Gov. Bob McDonnell said, "My inauguration on January 16th marked an historic day when she became the first woman to deliver the oath of office to a Virginia governor. I am proud of her achievement and look forward to her continued success on the Court of Appeals."
Keenan's shift to the federal bench likely tosses to the General Assembly an unexpected prize: picking a new Supreme Court justice in the closing days of the 2010 session.
Former Attorney General Bill Mims, currently a lobbyist for an influential Richmond law firm, emerged as a consensus candidate, attractive to the Democrats who control the state Senate and the Republican majority in the House of Delegates.
Mims, a Republican former legislator often mentioned for the state's highest court, had no immediate comment yesterday as he boarded an elevator in the General Assembly Building with Senate Majority Leader Richard L. Saslaw, D-Fairfax, who said Mims is his preference.
Del. William R. Janis, R-Henrico, who screens judicial candidates for the House Republican Caucus, said Mims has the essential bipartisan appeal.
"By temperament, by intellect, by character and by experience, he would be a superlative candidate," Janis said. "He is scrupulously inoffensive to the broadest cross-section of General Assembly members."
Mims also might be the pick of McDonnell, should the appointment be tossed to the new chief executive. Mims was McDonnell's No. 2 in the attorney general's office before completing McDonnell's term.
The timing of the Supreme Court vacancy may prove tricky for Mims, who became a six-figure-a-year partner at Hunton and Williams in January, representing before the assembly such clients as Appalachian Power, the target of legislation to cut sharp rate increases.
When Keenan was nominated for the federal court last summer, in addition to Mims three circuit judges were mentioned for her seat: Jane Marum Roush of Fairfax County, Lisa B. Kemler of Alexandria and Pamela Baskerville of Petersburg.
Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.
Contact Jeff E. Schapiro at (804) 649-6814 or jschapiro@timesdispatch.com.
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