[Congressional Record Volume 150, Number 88 (Wednesday, June 23, 2004)]
[Senate]
[Pages S7228-S7229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




NOMINATION OF WALTER D. KELLEY, JR. TO BE UNITED STATES DISTRICT JUDGE 
                  FOR THE EASTERN DISTRICT OF VIRGINIA

  The PRESIDING OFFICER. The clerk will state the nomination.
  The assistant legislative clerk read the nomination of Walter D. 
Kelley, of Virginia to be United States District Judge for the Eastern 
District of Virginia.
  Mr. WARNER. Mr. President, the chairman of the Judiciary Committee is 
here. Senator Allen and I need to have a few minutes together.
  There is no greater responsibility as a Senator than selecting for 
recommendation to a President our nominees to the Federal judiciary. I 
have known Mr. Kelley for many years. He graduated cum laude from my 
alma mater, Washington and Lee University. After working for a year as 
a press secretary to a member of the U.S. House of Representatives, he 
returned to Washington and Lee and earned his law degree magna cum 
laude.
  Subsequent to law school, Mr. Kelley served as a law clerk to a judge 
on the U.S. Court of Appeals for the Second Circuit in New York City. 
We are fortunate that when he completed his clerkship, Mr. Kelley 
returned home to Norfolk, VA, where he practiced law with great 
distinction.
  Article II, Section 2 of the Constitution provides the President with 
the authority to nominate, with the ``Advice and Consent of the 
Senate,'' individuals to serve as judges on the Federal courts. Thus, 
the Constitution provides a role for both the President and the Senate 
in this process. The President has the power to nominate, and the 
Senate has the power to render ``Advice and Consent'' on the 
nomination.
  In fulfillment of this constitutional responsibility, after Judge 
Morgan of the Eastern District of Virginia bench took senior status, 
Senator Allen and I had the honor of recommending Walter Kelley to 
President Bush to fill that vacancy. After reviewing our 
recommendations, President Bush nominated Mr. Kelley.
  Mr. Kelley's nomination was subsequently received by the Senate, and 
in a timely fashion, the Senate Judiciary Committee provided its 
unanimous approval of this nominee. I am grateful to Chairman Hatch and 
Senator Leahy for their hard work in moving this nomination forward. 
And, I am grateful to the leadership on both sides of the aisle for 
bringing Mr. Kelley's nomination before the full Senate.
  When Senator Allen and I first learned of the vacancy on the Eastern 
District of Virginia bench, we began our search to find the most 
qualified and well-respected individual to fill that vacancy. During 
that process, one name repeatedly was brought up. That name was Walt 
Kelley.
  Walt Kelley graduated with his bachelor's degree, cum laude, in 1977 
from my alma mater, Washington & Lee University. Then, after working 
for a year as a Press Secretary to a member of the United States House 
of Representatives, he returned to Washington & Lee and earned his law 
degree, magna cum laude.
  Subsequent to law school, Mr. Kelley served as a law clerk to a judge 
on the United States Court of Appeals for the Second Circuit, in New 
York City. We are fortunate in Virginia that after he completed his 
clerkship, Mr. Kelley returned to his home town of Norfolk, VA to 
practice law.
  Since then, for the past 22 years, Walt Kelley has practiced law for 
two of Virginia's best law firms, Wilcox & Savage PC, and Troutman 
Sanders LLP. During these two decades plus of his legal career, his 
practice has focused primarily on complex business litigation before 
the Federal courts.
  Moreover, during these 22 years, Mr. Kelley has earned a reputation 
for not only being one of the best lawyers in Virginia, but also being 
one of the best lawyers in America. Each year, since 1997, he has been 
listed in The Best Lawyers in America for business litigation. This is 
a publication that lists the ``best'' lawyers in America based on the 
recommendations of other lawyers all across America.
  But, not only is Mr. Kelley dedicated to his family and to his legal 
career, he also has taken the time to give back to his community. In 
addition to other community activities, he is a member and the former 
rector of the Old Dominion University Board of Visitors in Norfolk, VA, 
and he is a member of the Virginia Business Higher Education Council.
  Mr. President, Walt Kelley has my strong support and the strong 
support of Senator Allen. In addition, he has the support of Virginia's 
legal community. The Virginia State Bar; Virginia Bar Association; the 
Virginia Association of Defense Attorneys; and the Norfolk & Portsmouth 
Bar Association all support Mr. Kelley's nomination. Furthermore, the 
American Bar Association has unanimously rated Mr. Kelley as ``well 
qualified'' for this judgeship.
  I know that Walt Kelley is a fine nominee. If confirmed, he will 
serve on the bench in Virginia with distinction.
  I urge my colleagues to support his nomination.
  The PRESIDING OFFICER. The junior Senator from Virginia is 
recognized.
  Mr. ALLEN. Mr. President, I join my colleague and friend, Senator 
Warner, in endorsing Walt Kelley for this judgeship for the U.S. 
District Court for the Eastern District of Virginia. I have known him 
for many decades. He is a patient man and an outstanding lawyer.
  Senator Warner and I interviewed many highly qualified candidates for 
that judgeship in the Eastern District of Virginia. Walt Kelley has 
extensive trial experience and, most importantly, has the right 
philosophy as a judge and will not invent the law but interpret it 
according to the facts.
  I hope my colleagues will support his nomination.
  Mr. HATCH. Mr. President, I rise today to express my strong support 
for the confirmation of Walter D. Kelley Jr. to serve as a judge for 
the United States District Court for the Eastern District of Virginia.
  Mr. Kelley received both his undergraduate and his law degree, magna 
cum laude, from Washington and Lee University. Upon graduation from law 
school, he clerked for Judge Ellsworth Van Graafeiland on the Second 
Circuit.
  In 1982, he joined the Norfolk, VA, law firm of Wilcox and Savage. 
Since 2001, he has been a partner at Troutman Sanders in Norfolk, where 
he practices in the area of business litigation with an emphasis on 
intellectual property and antitrust law.
  Aside from his private practice, Mr. Kelley has devoted significant 
time to improving the legal community as a leader in bar activities. He 
has served as a mentor to younger attorneys, a quasi-judge of the 
Norfolk Circuit Court, and as a law professor. He also served on the 
Virginia Attorney General's Task Force on Higher Education; as rector 
and a member of Old Dominion University Board of Visitors; as a 
chairman and director of the Hampton Roads Board of the Salvation Army; 
and as a trustee of the Norfolk Collegiate School.
  Walter Kelley is an extremely well-qualified nominee with a 
significant amount of litigation experience. The American Bar 
Association unanimously bestowed on him its highest rating of ``Well 
Qualified,'' in recognition of his outstanding legal skills and 
reputation. He will make an excellent addition to the Federal bench and 
I urge my colleagues to join me in supporting his confirmation.
  Mr. LEAHY. Mr. President, today we are asked to consider the 
nomination of Walter Kelley, Jr. to the Eastern District of Virginia. 
Mr. Kelley is currently a partner with the Norfolk office of the 
Troutman Sanders law firm. He has significant civil litigation 
experience. The ABA unanimously found Mr. Kelley to be well-qualified 
to be a district court judge. He also has the support of both of his 
home-State Senators.
  It should be noted that Mr. Kelley has been very active in Republican 
politics over the past several decades. Mr. Kelley recently served as 
the Chairman of the Republican Party of Norfolk for

[[Page S7229]]

four years. He is currently involved in a Republican political action 
committee and serves as Director of the Downtown Republican Club. A few 
years ago, upon being elected Rector of the Old Dominion University 
Board of Visitors, Mr. Kelley was asked about the political nature of 
the position and politics in general, when he answered, ``[i]f you 
really believe strongly in how it is you think Government should act 
with the citizenry . . . you can't sit on the sidelines and not be in 
the game. You're either in there trying to make happen that which you 
believe in, or you're ceding the whole debate to the other side.''
  I trust that Mr. Kelley will not believe that he can continue this 
advocacy as a judge. By taking his oath of office he will be expected 
to assume a position of impartiality and discard his previous partisan 
advocacy. Certainly, we can all agree that the Federal bench is not the 
place to advocate any agenda other than fairness.
  I congratulate Mr. Kelley and his family on his confirmation today.
  Mr. President, again, he had the highest ABA rating and is strongly 
supported by the two Senators from Virginia. I hope everybody on this 
side of the aisle will vote for him.
  Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Shall the Senate advise and consent to the 
nomination of Walter D. Kelley, Jr., of Virginia, to be United States 
District Judge for the Eastern District of Virginia?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Kansas (Mr. 
Brownback), the Senator from Utah (Mr. Bennett), the Senator from Idaho 
(Mr. Crapo), the Senator from Utah (Mr. Hatch), and the Senator from 
Oregon (Mr. Smith) are necessarily absent.
  I further announce that if present and voting the Senator from Kansas 
(Mr. Brownback) would vote ``yea.''
  Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 94, nays 0, as follows:

                      [Rollcall Vote No. 142 Ex.]

                                YEAS--94

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (FL)
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--6

     Bennett
     Brownback
     Crapo
     Hatch
     Kerry
     Smith
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be notified of the Senate's 
action.

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