Senators Webb, Warner Urge Prompt Vote on Justice Barbara Keenan for Fourth Circuit Court of Appeals

From the Office of Senator Webb

February 24, 2010

Contact: Jessica Smith - 202-731-5096
Annie Hughes - 202-224-4447

Washington, DC - U.S. Senators Jim Webb and Mark R. Warner today urged their Senate colleagues for a prompt vote on the nomination of Justice Barbara Keenan to serve on the Fourth Circuit Court of Appeals. Recommended by Senators Webb and Warner on June 2, 2009, Keenan would be the first female judge from Virginia to serve on the federal appeals court.

Justice Keenan, 59, has served on the Supreme Court of Virginia since 1991. Prior to that, Keenan served as a judge on the General District and Circuit courts of Fairfax County and the Virginia Court of Appeals. She was the first woman appointed to the bench in Virginia, and one of the initial ten appointees to the Virginia Court of Appeals following its creation in 1985. Earlier in her career, she worked as an assistant prosecutor in Fairfax and briefly worked as an attorney in private practice.

Senator Webb's remarks, delivered today on the Senate floor, follow:

"I today would like to speak for a few minutes on behalf of Justice Barbara M. Keenan, who is the nominee to serve on the Fourth Circuit Court. I would like to respectfully request in the name of good governance and the proper functioning of our constitutional system that our colleagues on the other side of the aisle to allow a prompt vote on her nomination. Justice Keenan was voted out of committee in October of last year, by a unanimous voice vote. Her nomination is non-controversial. She has been a dedicated public servant, a fair and balanced jurist, and her nomination has broad bipartisan support. I believe it is critical that we move forward as quickly as possible to confirm her nomination.

"There are currently four vacancies on the Fourth Circuit, more than any other circuit. The seat that Justice Keenan would fill has been vacant now for more than two years.

"Justice Keenan is an extraordinary choice to fill this vacancy; she has been a state Supreme Court justice since 1991 and she has been a trailblazer for women in the law throughout her career. At the age of 29, she was the first female general district court judge in Virginia when she was selected for the Fairfax County bench in 1980. She became the first female circuit court judge when she was promoted to that court in 1982. In 1985, she was one of 10 judges named to the first Virginia Court of Appeals, and the only woman when that court was created. She was selected for the state Supreme Court, the second female justice ever to serve there, in 1991. And she was in fact the first Judge to serve on all four levels of Virginia's courts.

"I would also like to point out that when Governor McDonnell was recently sworn into office, he specifically requested that Justice Keenan deliver him the oath of office. There is a wide bipartisan consensus inside Virginia about the quality of this nominee, and I am very hopeful that we can move forward in an expeditious way.

"I am mindful the Senate's constitutional role in confirming executive nominations is vitally important, and a robust vetting process and debate is appropriate. We have conducted inside the Virginia delegation that kind of vetting process which resulted in Justice Keenan name being moved forward.

"But now, in the spirit of pragmatic bipartisanship and good governance, I believe it is time to move past procedural delays that seem to infect us and get on with the business of governing.

"I would like to point out that out of 876 federal judgeships there are currently 100 vacancies. These vacancies delay the administration of justice, they delay the resolution of disputes, and they diminish our citizens' right to a speedy trial.

"It is my understanding that Justice Keenan has broad support in this body, the vote in the Judiciary Committee is evidence of that. In face I would be very surprised if any senator were to vote against her confirmation. Again, I am asking my colleagues across the aisle if they might allow this nomination to advance in a timely way."

Senator Warner issued the following remarks:

"Mr. President, I rise to speak in support of the nomination of Justice Barbara Keenan to serve on the United States Court of Appeals for the Fourth Circuit.

"In the summer of 2009, Senator Webb and I had the honor of interviewing several potential candidates to serve on the U.S. Court of Appeals for the Fourth Circuit. We were enormously impressed by the quality of all the candidates being considered. But one candidate rose to the top of the list for her extensive experience, judicial temperament and commitment to the law. This candidate was Justice Barbara Keenan.

"President Obama nominated Justice Keenan last September, and in late October the members of the Senate Judiciary Committee reported the nomination by unanimous consent.

"Justice Keenan's nomination has been on the Senate Calendar for four months now. I believe it is time for this Chamber to consider the nomination and give Justice Keenan an up or down vote.

"Justice Keenan has served with distinction at every level of state court in Virginia. She has served as a Justice on the Virginia Supreme Court since 1991. She also served on the Fairfax County General District Court, the Circuit Court of Fairfax County and the Court of Appeals of Virginia.

"The Virginia State Bar Judicial Nominations Committee ranked Justice Keenan as 'highly qualified.' In addition to the Virginia State Bar, Justice Keenan was considered 'highly recommended' or 'highly qualified' by the Virginia Women Attorney's Association, the Old Dominion Bar Association, the Virginia Trial Lawyers Association and the Asian Pacific American Bar Association.

"I must also mention that Justice Keenan is the first woman appointed to the bench in Virginia, and one of the initial ten appointees to the Virginia Court of Appeals following its creation in 1985.

"Six weeks ago, Justice Keenan was the first woman to administer the oath of office to a Virginia Governor, Governor Bob McDonnell.

"I look forward to casting my vote in support of Justice Barbara Keenan's nomination and encourage my colleagues on both sides of the isle to do the same."

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