Gilbert: Athey's confirmation coming 'very soon'

View larger image Clifford A. “Clay” Athey Jr.

Republican former delegate one of two nominated to serve as judge

By Joe Beck -- jbeck@nvdaily.com

A snag in former Del. Clifford L. "Clay" Athey Jr.'s appointment as circuit judge in the General Assembly is likely to prove only temporary, a local House of Delegates member said Thursday.

Del. Todd Gilbert, R-Woodstock, said he remained confident that Athey will soon win approval for a judgeship in the 26th Judicial Circuit, despite a partisan deadlock that emerged in the Virginia Senate earlier this week.

Gilbert, who said he practices law out of Athey's law firm in Front Royal, but has no other financial interest in it, said the standoff between Republicans and Democrats has nothing to do with Athey's qualifications for the job.

"This is more of an internal fight over all the things going on in the Senate and ... we anticipate Clay will be appointed very soon," Gilbert said.

Athey, a Republican, was one of two new judges added to the list of those up for approval Tuesday in the Senate. The other new judge nominee is Clarence E. "Bud" Phillips, a former Democratic delegate from Dickenson County. The remaining judges are incumbents subject to approval by the General Assembly.

Athey represented Warren County and parts of Fauquier and Frederick counties in the House of Delegates from 2002 to 2011, and once served as Front Royal's mayor.

The House has already approved Athey's appointment unanimously, Gilbert said. But Senate Democrats told Republicans they wanted to vote only on the incumbent judges and wait on the new judges. Republicans refused to do so.

Republican and Democratic leaders in the Senate have blamed each other for the stalemate. A phone message seeking comment from Senate Democratic Leader Richard L. Saslaw was not returned Thursday.

Gilbert said there was "not a good reason" for the delay in voting on Athey's appointment "other than people taking their toys and going home."

The Senate is evenly divided between 20 Democrats and 20 Republicans, but Republicans have the upper hand on many bills because Lt. Gov. Bill Bolling, a Republican, is eligible to cast tie-breaking votes. Votes on approving judges are an exception where Bolling is not permitted to participate.

"This is the first opportunity for Senate Democrats to assert their relevance since the Senate organized a couple of weeks ago," Gilbert said. "Even Senate Democrats who are making their point have said on the floor of the Senate none of this has anything to do with the qualifications of Delegate Athey to be a judge. The Senate Democratic leader Dick Saslaw sang his praises on the floor of the Senate two days ago."

A seat on the 26th Judicial Circuit has been vacant since the retirement of John R. Prosser last March. In November, Athey was endorsed for the judgeship by eight delegates and three senators who form the Shenandoah Valley Caucus in the General Assembly.

The 26th Judicial Circuit covers the cities of Winchester and Harrisonburg, and Frederick, Shenandoah, Warren, Clarke, Page and Rockingham counties.