Citing an unfavorable political climate, Richmond lawyer E. Duncan Getchell has asked the White House to withdraw his nomination to the 4th U.S. Circuit Court of Appeals.

Nominated by President Bush last year, Getchell, a partner with McGuireWoods, was recommended for the job in 2006 by Sens. John W. Warner and George Allen, both Republicans.

However, Carl Tobias, a professor at the University of Richmond School of Law, said Getchell's name was not on a list of five candidates recommended last year by Virginia's two current senators -- Warner and Democrat Jim Webb, who defeated Allen in 2006.

"I think he is being realistic about the judicial selection process," said Tobias. Under Senate practices, the Judiciary Committee generally needs consent from both home-state senators before advancing a nomination.

The Richmond-based appeals court -- one of 10 across the country -- is authorized to have 15 active judges but currently has only 10. The longest vacancy dates from 1994, the most recent from last summer.

In his Thursday letter to Bush, Getchell, 58, said, "recent press reports indicate that despite the support I have received, the Senate Democratic leadership will not allow a hearing to go forward."

"So, after prayerful consideration, I have determined to withdraw my name from consideration," he wrote.

Fred Fielding, counsel to the president, responded to Getchell in a letter Thursday, writing: "I will be working with the president to address your request in a timely manner."

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Webb, in a statement yesterday, said, "I know today's decision by Duncan Getchell was a difficult one for him and his family to make. I commend Mr. Getchell for his past public service and his willingness to serve in the federal judiciary.

"I urge President Bush to seize this opportunity to nominate a candidate who can garner bipartisan support here in the Senate," said Webb.

Warner said in a statement that he has "the highest personal regard for Mr. Getchell, who is a well-respected appellate lawyer at a top international law firm based in Richmond."

Warner added that "Mr. Getchell's decision to ask the president that his nomination be withdrawn for a position on the United States Court of Appeals for the Fourth Circuit was a very difficult one for him and his family."

Getchell, through a colleague, declined to comment yesterday beyond what was in his letter.

Getchell was named in a $7.5 million defamation suit filed in Richmond Circuit Court on Nov. 14 by another Richmond lawyer, Christopher C. Spencer.

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The allegations stem from an appeal of an $8.3 million judgment against Wintergreen Partners Inc. in 2004. The appeal was tossed out by the Virginia Supreme Court when at least some of the trial transcripts were not filed on time.

Spencer represented Wintergreen at trial and Getchell represented Wintergreen on the appeal, but Wintergreen sued Spencer, not Getchell, over the error.

Spencer alleges in his defamation suit that Getchell, in stories that ran in the National Law Journal and the Virginian-Pilot, shifted blame for the botched appeal onto Spencer so as not to "doom his judicial aspirations."

"For some time, Getchell has harbored an ambition to become a judge," Spencer's suit says. Spencer did not return calls yesterday. A hearing has been set in the case for March 3.

Richard Cullen, chairman of McGuireWoods, said yesterday that the suit had nothing to do with Getchell's request to have his nomination withdrawn.

"It was clear that Senator Webb didn't know him well and was not comfortable with his nomination," said Cullen, a Republican activist and former U.S. Attorney. Cullen said that, "since he wasn't going to get a hearing it really didn't make much sense to continue."

"While we're disappointed for him because he would have been such a fine appellate judge . . . we're pleased he'll continue to be a very valuable and productive partner," said Cullen.

Getchell, an experienced appeals court lawyer, said in his letter to Bush that, "while I am disappointed that I will not serve on the Fourth Circuit, as an appellate advocate I have what I consider to be the next best job.

"I will always appreciate the honor of having been nominated by you to be a United States Circuit Court judge," he concluded in his letter to Bush.

The 4th Circuit covers Virginia, West Virginia, Maryland, North Carolina, and South Carolina. The appeals courts are the last stop before the U.S. Supreme Court. The 4th Circuit has been handling many of the government's terrorism cases.

Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.