Virginia Supreme Court Justice from Salem faces Congress

By Neil Simon
Media General News Service
Published: May 1, 2008

Virginia Supreme Court Justice G. Steven Agee went before the Senate Judiciary Committee today in Washington – facing questions about his record on minority issues in his quest to become a federal judge on the Richmond-based appeals court.

After taking an oath before the panel, and several general questions about his judicial views, Agee faced scrutiny from Maryland Democrat Ben Cardin.

Cardin asked Agee about a 1990 editorial in the Roanoke Times in which Agee had criticized a state employment practice that favored minorities.  Agee said his criticism was based on the policy being adopted by the state without input from legislators.

Cardin followed up with Agee’s membership in the 1980’s in the Shenandoah Club – which Agee said “probably discriminated” while he was a member. 

Cardin: “Were you aware the club discriminated when you joined the club?“

Agee: “I can’t recall if I had specific knowledge of that. Certainly as time went on it seemed more likely than not that that occurred.  Um, after some period of time I quit.”

The Shenandoah club in 1988 changed its membership policy, ceasing to discriminate based on sex, gender, race, ethnicity, according to club manager Beverly Schlegel.

The fourth circuit court of appeals is said to have among the highest African-American populations in the country.

As a state delegate from Salem, Agee said he sponsored legislation to bar judges from being members of discriminatory groups.

Agee’s is expected to be confirmed by the full Senate later this year.