Kelsey sworn in to high court
Published 9:46 pm Friday, March 6, 2015
By Craig Zirpolo
Capital News Service
D. Arthur Kelsey was sworn in Friday as a justice of the Virginia Supreme Court, succeeding retired Chief Justice Cynthia Kinser.
Born to a family of lawyers and judges including his father, uncle, grandfather, sister and half-brother, Kelsey’s calling to law led him from private practice at Hunton & Williams in Norfolk to a 12-year term on Virginia’s highest court.
At Kelsey’s investiture ceremony in Richmond, Gov. Terry McAuliffe called Kelsey a “fair, knowledgeable and gracious judge,” known for his intellect and deep faith.
McAuliffe also joked that Kelsey’s last vacation surfing in Maui went slightly better than McAuliffe’s holiday vacation in Africa, which left the governor with seven broken ribs and other injuries after a horseback riding accident.
Senate Majority Leader Tommy Norment (R-3rd) said Kelsey has an “enormous appreciation for the separation of powers,” later quoting U.S. Supreme Court Justice John Roberts’ comparison of a judge to an umpire as one who does not create the rules but instead applies them.
“I don’t think I have come across a more articulate and impassioned judge,” Norment said.
Delegate Chris Jones (R-76th) played a key role in starting Kelsey’s career behind the bench. In 2000 Jones asked Kelsey to leave private practice at the peak of his career to serve on the 5th Circuit Court of Virginia, an offer Kelsey accepted after days of prayer and discussion with his family.
Jones, who worked with Norment to gain support for the Supreme Court nomination, described Kelsey as “patient, gracious and unpretentious.”
William and Mary President W. Taylor Reveley III called Kelsey, an adjunct professor at the law school, a “marvelous teacher” who brings a “stunning constellation of relevant experience” to the court.
“An extraordinary justice has come to the Supreme Court,” Reveley said.
After high praises from his colleagues and legislators, Kelsey said he was blessed by the opportunity to serve on the Supreme Court but has not forgotten that the greatest blessing is his family.
Kelsey and his wife, Jane, have three children: Jeffrey, 24, a lieutenant in the Air Force; Mark, 21, a student at Cedarville University in Ohio; and Jenna, 17, a student at Norfolk Christian School.
“Your comments describe the man I aspire to be, rather than the man I am,” Kelsey said.
Kelsey graduated from Nansemond-Suffolk Academy in 1978. He received his undergraduate degree in political science from Old Dominion University in 1982 and his Juris Doctor from the Marshall-Wythe School of Law at The College of William and Mary in 1985.
He began his career as a law clerk to U.S. District Judge John MacKenzie, where he worked for two years. He then became a partner at Hunton & Williams in Norfolk, where he practiced for 13 years before his appointment to the 5th Circuit Court, serving Suffolk, Isle of Wight, Southampton and Franklin. In 2002 he was appointed to the Virginia Court of Appeals by then-Gov. Mark Warner.
Kelsey has been considered for the Supreme Court three times. In 2008, he was passed over for the seat filled by LeRoy Francis Millette Jr., and in 2011, he was passed over in favor of William Cleveland Mims.
Originally Kelsey was the only candidate for the seat being vacated by Chief Justice Kinser, but the Virginia Senate delayed his election while it sought other candidates. The General Assembly appointed Kelsey to the Supreme Court of Virginia in January.
Jones worked closely with Norment to complete the nomination process.