York County-Poquoson Circuit Court Judge Richard Y. AtLee Jr. was named to the Court of Appeals of Virginia during Tuesday’s General Assembly session.
Meanwhile, Williamsburg-James City County General District Court Judge Colleen Killilea, who was named to the position in 2003, was reappointed for another six-year term.
Killilea said in an email she was “humbled, amazed and gratified” by the decision of the General Assembly to reappoint her.
“I will do all that I can to live up to [the General Assembly’s] expectations, as well as those expectations in the community as a whole,” she said.
Killilea, who currently serves as the president of the Association of District Court Judges, received support from Williamsburg-James City County Commonwealth’s Attorney Nate Green, York-Poquoson Sheriff J.D. “Danny” Diggs, James City County and York County supervisors, local practicing attorneys as well as and sheriffs and commonwealth’s attorneys in New Kent, York County, Gloucester and Charles City.
AtLee, who will begin his eight-year term with the Court of Appeals Feb. 1, was appointed to the circuit court seat in 2011 after serving as Juvenile and Domestic Relations Judge.
The judge’s position in circuit court will remain vacant until nominations from General Assembly members are presented to the House and Senate Committees for the Courts of Justice. Candidates will then be screened and interviewed, with input by the local bar association.
Once the Courts of Justice Committees deem the candidates qualified for the position, the House of Delegates and the Senate will vote separately for the appointment of the new judge.
In the meantime, substitute judges will occupy the spot on a rotating basis.
After the death of Judge N. Prentis Smiley in 2008, legislators kept the permanent York County Circuit Court judge seat unfilled for three years as they disputed nominations.
“It’s hard for everyone [to work without a permanent judge] because you have an ever-revolving group of substitute judges, and each judge has his own perspective with regard to application of the law, and it’s hard to get consistency,” said York-Poquoson Commonwealth’s Attorney Benjamin Hahn, who held his position during the three years without a permanent judge.
“It’s difficult for both prosecution and defense to predict a likely outcome in the case because you’re not familiar with the judge and his predilections,” Hahn said.
York-Poquoson Circuit Court Clerk Kristen Nelson listed a number of challenges the courthouse faces while operating without a permanent judge, including delays in court orders and authorizing documentation for citizens.
Despite the challenges, she said there are some positives.
“We got to see great variety of judges that we appreciate the opportunity to work with,” she said.
Hahn told WYDaily he was sad to see AtLee leave York County but wished him well at the appellate level.
“His rulings were firm but fair and tempered by compassion in cases where he believed that a defendant could be rehabilitated,” Hahn said.
AtLee’s duties as appellate court judge will include hearing petitions of appeals and appeals from the circuit court.
AtLee was unreachable for comment at publication time.
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