Richmond lawyer pulls out of bid for federal appeals court

A lawyer in Richmond nominated to the federal appeals court based there has withdrawn his name from consideration.

President Bush nominated E. Duncan Getchell Jr. to the 4th Circuit U.S. Court of Appeals in September.

Since then, the nomination has faced an uphill fight in the Senate. Getchell has not been supported by either U.S. senator from Virginia.

Also, The Virginian-Pilot reported in October that Getchell led a legal team that may have committed an $8 million clerical error in a personal injury case. After that story was published, a Richmond lawyer filed a

$7.5 million defamation lawsuit against Getchell, which is pending.

On Thursday, Getchell wrote a letter to Bush asking that his name be withdrawn from consideration for the appeals court.

“Recent press reports indicate that despite the support I have received, the Senate Democratic leadership will not allow a hearing to go forward and so, after prayerful consideration, I have determined to withdraw my name from consideration.”

Getchell wrote that he was disappointed, but “as an appellate advocate, I have what I consider to be the next-best job.”

In a reply letter, Fred F. Fielding, counsel to the president, wrote, “I will be working with the President to address your request in a timely manner.”

Getchell, 58, did not return a reporter’s call to his office Friday . He is a partner with McGuireWoods, one of the largest law firms in Virginia, leading its appellate litigation practice .

In reaction to Getchell’s withdrawal, U.S. Sen. Jim Webb,

D-Va., issued a statement urging Bush to “seize this opportunity to nominate a candidate who can garner bipartisan support here in the Senate.”

In 2006, Virginia’s two U.S. senators at the time – John Warner and George Allen, both Republicans – recommended three candidates from Virginia for the 4th Circuit Court of Appeals. Getchell was on that list.

But before the president acted, Allen was defeated for re-election by Webb. In July, Warner and Webb submitted a new list of five recommended names for the court, and Getchell’s was not on it.

Nevertheless, Bush nominated Getchell, noting that he was rated “highly qualified” by the Virginia State Bar. Warner and Webb did not support him, so his nomination never received a hearing.

Complicating matters was Getchell’s role in a botched

$8 million appeal.

In 2005, Getchell was the lead appellate attorney in a case involving a severely injured skier at Wintergreen Resort, near Charlottesville. At trial, a jury awarded the skier $8 million. Getchell represented Wintergreen on appeal.

The Virginia Supreme Court, however, dismissed the appeal when it was discovered that Wintergreen’s lawyers neglected to file the trial transcript. As a result, the $8 million judgment had to be paid.

Fingers pointed back and forth. Wintergreen’s trial lawyer blamed Getchell for the mistake. Wintergreen, however, sued the trial lawyer, Christopher C. Spencer of Richmond, alleging legal malpractice. The Virginian-Pilot reported on the error in October.

In November, Spencer sued Getchell for $7.5 million, accusing him and a law partner of defamation for trying to pass off blame in the Wintergreen case. In the lawsuit, Spencer accused Getchell of shifting blame “in hopes of salvaging a troubled nomination to the federal bench.”

Both cases – the malpractice lawsuit against Spencer and the defamation lawsuit against Getchell – are pending in Richmond Circuit Court.

Marc Davis, (757) 222-5131, marc.davis@pilotonline.com