Carl Tobias

Tobias is the Williams professor at the University of Richmond School of Law.

Earlier this month, President Bush nominated Virginia Supreme Court Justice G. Steven Agee to the United States Court of Appeals for the 4th Circuit. The president should have nominated Justice Agee in June when the Virginia's U.S. senators, John Warner and Jim Webb, first recommended the jurist. Bush must now cooperate with the Virginia senators to ensure that the 110th Senate promptly confirms Justice Agee because the 4th Circuit presently has five vacancies on the 15-judge court.

Bush should have nominated Justice Agee long ago, but the chief executive ignored the bipartisan, concerted efforts of the home-state senators, Warner and Webb, who suggested that Bush nominate one of five highly-qualified consensus candidates. These prospects emerged from a careful, lengthy process that the two senators instituted.

Once the 110th Senate, which had a Democratic majority, assembled in January 2007, the senators instituted endeavors that would propose talented candidates to Bush. Warner and Webb expeditiously interviewed over 10 individuals whom they requested a number of Virginia bar groups to assess and suggest. The Republican and Democratic senators cooperated in a bipartisan way to guarantee the nomination of an excellent Virginia attorney.

The people evaluated are highly qualified to serve on the 4th Circuit, which is the court of last resort for all but 1 percent of cases that arise from Virginia, West Virginia, Maryland, North Carolina and South Carolina. Those proposed are smart, industrious and independent and are known for their balanced temperament.

Warner and Webb devoted much time to considering possible nominees and personally interviewing them. This led the senators on June 12 to propose five individuals whom they believed "eminently qualified": a federal district judge, two Virginia Supreme Court Justices, a law professor and a practicing lawyer.

The senators were "fully prepared to strongly support" and suggest to the Senate Judiciary Committee and the full Senate for confirmation any of the five whom Bush might have selected. This cooperation, which should foster smooth approval, is unusual because divisive partisanship has long troubled appeals court selection. Indeed, Warner and Webb have created a constructive model that warrants national application.

Agee was one of the five people whom the senators proposed in June. Agee is intelligent, diligent and independent, while he possesses balanced judicial temperament. Agee served as a member of the House of Delegates from 1982 until 1994. The General Assembly elected him to the Virginia Court of Appeals in 2000 on which he served until 2003 when the assembly elevated him to the Supreme Court. The jurist has rendered valuable service on the two Virginia appellate courts.

Sens. Warner and Webb must now cooperate with their Senate colleagues to facilitate Agee's confirmation. For example, the senators might request that Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, expedite panel consideration of Agee.

The committee should thoroughly and carefully investigate the nominee. The panel should concomitantly encourage the American Bar Association to complete its evaluation as soon as feasible. The committee should also schedule prompt hearings and a committee vote for Agee. Warner and Webb as well should urge Sen. Harry Reid, D-Nev., the Democratic majority leader, to schedule an expeditious floor debate and vote.

Now that Bush has followed the recommendations of Virginia's two senators by nominating Agee, the chief executive should work closely with Warner and Webb to guarantee prompt confirmation.

The Senate, for its part, must fully investigate the nominee while expediting committee hearings and a vote and a floor debate and vote. Agee's record suggests that he should win prompt approval, while his abilities should help the 4th Circuit, which has the most vacancies in the nation.