On Sept. 8, 2011, President Barack Obama nominated Charleston lawyer Stephanie Thacker to serve on the U.S. Court of Appeals for the 4th Circuit. Ms. Thacker, now approved by the Senate judiciary committee, will serve in the seat vacated by the untimely death of M. Blaine Michael in March of last year if the Senate approves her nomination.
Our court systems, state and federal, are a vital part of our democracy, and their independence is crucial to our system of government. Delay or failure in filling judicial vacancies taxes our court system and effectively denies our citizens access to the courts. Unfortunately, for some time, judicial vacancies in the federal system have been at a crisis level.
In his 2010 address on the State of the Judiciary, Chief Justice John Roberts said "a persistent problem has developed in the process of filling judicial vacancies. Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes. This has created acute difficulties for some judicial districts. Sitting judges in those districts have been burdened with extraordinary caseloads."
This crisis in the courts has been decried by every group that has addressed the issue, including the American Bar Association, which has long advocated pre-nomination consultation and the use of bipartisan advisory judicial nominating commissions to ensure the prompt nomination and filling of judicial vacancies. The problem still exists.
The district court seat in West Virginia's Eastern Panhandle has remained vacant since the death of Judge Craig Broadwater in 2006. President George W. Bush's outstanding nominee and my good friend, William J. Powell, had support across the bar, but his nomination was allowed to lapse without a hearing. The current nominee by President Obama, state circuit court Judge Gina Groh, has yet to be confirmed by the Senate, and the bench remains empty, requiring judges to travel from Wheeling to handle the case load. Judge Broadwater served this country ably as a jurist, both state and federal, and as a soldier. His seat should not be allowed to remain empty any longer. Although I have not appeared before Judge Groh, she has an excellent reputation and is a solid nominee who should be approved.
Thacker is an excellent nominee for the 4th Circuit. She grew up in Hamlin, attended Marshall University and then the West Virginia University College of Law, where she graduated Order of the Coif, or with highest honors. She has broad public and private experience. She served as a state assistant attorney general and as a federal prosecutor, both in West Virginia and in Washington, D.C. She has handled sophisticated litigation in private practice with Guthrie Thomas in Charleston. She is a lawyer of the highest caliber and exactly the type of person we should select as a judge.
The problem of judicial appointments is amplified in this election year, where every headline seems to report more and more political bickering and obstinancy from both sides. Unfortunately, judicial appointments may once again be subject to partisan politics, meaning that outstanding candidates are blocked or delayed from consideration, and judicial seats remain empty.
Judge Michael was an outstanding person and judge. He was a great and careful thinker and writer. He had an amazing ability to maintain collegiality and friendship, even if he disagreed with you. He epitomized the best of what we expect in our judges. I hope Thacker will be confirmed as quickly as possible so that Judge Michael's seat on the 4th Circuit is not allowed to remain empty.
Thomas J. Hurney Jr. is a lawyer with Jackson Kelly PLLC in Charleston.
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