II. Judicial Appointments , 2006-2009 .

Containers:

Box 5-11

Extent:

Extent: 2.45 cubic feet (7 boxes).

Scope and content:

The Judicial Appointments series is housed in 7 boxes and is arranged by court (Virginia Supreme Court, Virginia Court of Appeals, State Corporation Commission and Circuit Courts). Judges of the Circuit Court, Court of Appeals, Supreme Court of Virginia are elected by a majority of each house of the General Assembly (8 year terms for Circuit Court and Court of Appeals; 12 year term for the Supreme Court of Virginia). State Corporation Commissioners are elected by the General Assembly for 6 year terms. Interim appointments are made by the Governor subject to election by the General Assembly at the next regular session. Records for each applicant usually include: letter of interest, letters of support, resume, Virginia State Bar Judicial Questionnaire, and Statement of Economic Interest. This series contains confidential, privacy-protected and attorney-client privileged records and is closed for 75 years per Code of Virginia, 2.2-3705.1, 2.2-3800 and 42.1-78.

During his administration, Governor Kaine appointed two justices to the Virginia Supreme Court. On 10 October 2007, he selected Chesapeake Circuit Judge S. Bernard Goodwyn to replace Associate Justice Elizabeth B. Lacy, who retired in August 2007. Kaine appointed Virginia Court of Appeals Judge LeRoy F. Millette, Jr. on 15 August 2008. Millette replaced Associate Justice Steve Agee who was appointed in 2009 by President Barack Obama to the 4th U.S. Circuit Court of Appeals. Obama also appointed Associate Justice Barbara Keenan to the 4th U.S. Circuit Court of Appeals in 2009 but she was not confirmed prior to the end of the Kaine administration. Keenan was confirmed by the United States Senate in March 2010. The General Assembly, still in session, selected William C. Mims to fill the vacancy on the Virginia Supreme Court. The Judicial appointments series contains applicant files for the 2007, 2008 and 2009 (tentative) vacancies.

Governor Kaine made two appointments to the Virginia Court of Appeals. He appointed LeRoy F. Millette, Jr. on 27 November 2007. After Millette's appointment to the Virginia Supreme Court in August 2008, Kaine selected Chesterfield Circuit Judge Cleo F. Powell to fill the vacancy on the Virginia Court of Appeals.

Kaine selected one State Corporation Commissioner. Theodore V. Morrision, Jr., retired on 31 December 2007. When the divided General Assembly (Republicans controlled the House of Delegates; Democrats controlled the State Senate) could not agree on a selection, Governor Kaine appointed James C. Dimitir on 15 August 2008.

Notable documents include: memorandum to Governor Kaine from Mark Rubin and Larry Roberts, 17 July 2008, outlining the selection process for a Supreme Court Justice and a State Corporation Commissioner. The memo provides a brief synopsis of each candidate (b11, f8); and letter to Lawrence Roberts from Mark Rubin, dated 6 May 2009, confirming Roberts pro bon legal advice and counsel to the Governor related to the 2007 Virginia Tech shooting (b11, f10).

Access and use

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