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WASHINGTON, D.C. – U.S. Senators Mark R. Warner and Tim Kaine today sent a letter to the White House recommending candidates for the vacancy on the U.S. District Court for the Eastern District of Virginia (EDVA), which was created when Judge John A. Gibney, Jr. assumed senior status effective November 1, 2021. In their letter, the Senators recommended U.S. Magistrate Judge Elizabeth Hanes, who has served as a Federal Magistrate Judge in the Eastern District since 2020, and Ms. Melissa O’Boyle, who has been an Assistant U.S. Attorney for the Eastern District since 2007.

“[W]e believe either of these individuals would win confirmation from the Senate and serve capably on the bench,” wrote the Senators to President Biden. 

The White House will now nominate one individual for the vacancy to be considered by the Senate Judiciary Committee. The nominations are subject to confirmation by the full Senate. 

A copy of the letter can be found here and below.

Dear Mr. President:

We are pleased to recommend U.S. Magistrate Judge Elizabeth Hanes and Ms. Melissa O’Boyle for the vacancy on the U.S. District Court for the Eastern District of Virginia following the decision by Judge John A. Gibney, Jr. to take senior status effective November 1, 2021. Both would serve with great distinction and have our highest recommendation. Judge Hanes has served as a Federal Magistrate Judge in the Eastern District since 2020.

Prior to joining the bench, Judge Hanes worked in private practice with Consumer Litigation Associates from 2016 to 2020 in Richmond and Newport News. She also served in the office of the Federal Public Defender in Richmond from 2009 to 2016. In addition, before becoming an attorney, Judge Hanes worked in New York in corporate finance, but left that job to serve as an AmeriCorp VISTA volunteer in West Virginia, where she helped to establish and run a nonprofit organization providing services to abused children and crime victims. Together, these experiences qualify Judge Hanes for this nomination and we are honored to recommend her.

Ms. O’Boyle has been an Assistant U.S. Attorney for the Eastern District of Virginia since 2007. She currently serves as the Criminal Chief of the Norfolk Division and has expertise in public corruption and financial fraud cases. Ms. O’Boyle has prosecuted some of the highest profile and impactful trials in the Eastern District of Virginia, including the 2016 public corruption case against Norfolk Vice Mayor Anthony Burfoot, the 2013 bank fraud case against former Bank of the Commonwealth President Edward Woodward, the 2010 public corruption case against former Norfolk Police Homicide Police Detective Robert Glenn Ford, and the 2009 Ponzi scheme case against Troy Titus. This experience gives us confidence that Ms. O’Boyle would make an excellent nominee for this seat.

Ultimately, we believe either of these individuals would win confirmation from the Senate and serve capably on the bench. We are honored to recommend them to you.

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