Extent: 1.40 cubic feet (4 boxes).

The General Files of the Counselor to the Governor series is housed in four boxes and is arranged alphabetically by subject. This series contains the records of Mark E. Rubin, Counselor to the Governor (May 2009-January 2010) and Senior Advisor to the Governor and Deputy Counselor (January 2006-May 2009). The Senior Advisor was a hybrid position, providing legal assistance to the Counselor and legislative assistance to the Policy Director. Rubin's records reflect both of these roles. The policy related material is open; attorney-client material is closed for 75 years per Code of Virginia, 2.2-3705.1. Restricted material has been removed from the series and boxed separately (box 4).

Notable subjects include: electric regulation, indigent defense, wine industry, 2006 budget notes, and appointments for Supreme Court of Virginia and Court of Appeals of Virginia, 2007 (Justice Elizabeth Lacy, Supreme Court, and Judge James W. Benton, Jr., Court of Appeals, retired).

Notable documents on electricity regulation include: memorandum to Governor Kaine through Mark Rubin from Stephen Walz, Dept. of Mines, Minerals and Energy, 10 January 2006, summarizing current legislative landscape for electric re-regulation; briefing for Governor Kaine on electric restructuring in Virginia, 22 August 2006; memorandum to Governor Kaine from Mark Rubin, 18 November 2006 (draft) and 20 November 2006 (final version), summarizing current legislative landscape regarding electric deregulation; e-mail to Mark Rubin from Stephen Walz, 16 November 2006, containing his thoughts on Senator Clark Hogan's draft legislation; memorandum to Governor Kaine from Hullihen Williams Moore, former chair of the Virginia State Corporation Commission, 3 January 2007 on Dominion Virginia Power Draft Electric Restructuring Legislation; list of members of Electric Utility Regulations Working Group and two e-mails to Mark Rubin from Stephen Walz, 17 January 2007, containing Walz's meeting notes from two January 17 Working Group meetings; memorandums to Governor Kaine from Hullihen Williams Moore, 26 January 2007 and 2 February 2007, on Dominion Virginia Power Draft Electric Restructuring Legislation; memorandum to Governor Kaine through Mark Rubin from Stephen Walz, 14 March 2007, outlining proposed amendments to HB3068/SB 1416 on electric regulation; and recommended changes to Electric Re-regulation Legislation HB3068/SB1416, 20 March 2007. (all b1, f3-4)

Notable documents on the wine industry include: agendas and notes for HB 1435 Task Force Meetings (b2, f8 and b3, f1)

Notable documents on the appointments for the Supreme Court of Virginia and Court of Appeals of Virginia in 2007 include: list of candidates under consideration, Mark Rubin's handwritten notes on candidates, outline for selecting Supreme Court vacancy, memorandum to Lawrence Roberts and Mark Rubin from Shane Emmett, Legal Fellow, 31 May 2007, on Governor's authority to appoint judges while Assembly is not in session (b4, f2); and memorandum to Mark Rubin from Andrew Bosse and J. Ryan Harvey, Legal Fellow, 17 September 2007, on Governor's appointment of members of General Assembly to the bench (b4, f3). These records are restricted for 75 years per Code of Virginia, 2.2-3705.1.

Extent: 2.45 cubic feet (7 boxes).

The Judicial Appointments series is housed in 7 boxes and is arranged by court (Virginia Supreme Court, Virginia Court of Appeals, State Corporation Commission and Circuit Courts). Judges of the Circuit Court, Court of Appeals, Supreme Court of Virginia are elected by a majority of each house of the General Assembly (8 year terms for Circuit Court and Court of Appeals; 12 year term for the Supreme Court of Virginia). State Corporation Commissioners are elected by the General Assembly for 6 year terms. Interim appointments are made by the Governor subject to election by the General Assembly at the next regular session. Records for each applicant usually include: letter of interest, letters of support, resume, Virginia State Bar Judicial Questionnaire, and Statement of Economic Interest. This series contains confidential, privacy-protected and attorney-client privileged records and is closed for 75 years per Code of Virginia, 2.2-3705.1, 2.2-3800 and 42.1-78.

During his administration, Governor Kaine appointed two justices to the Virginia Supreme Court. On 10 October 2007, he selected Chesapeake Circuit Judge S. Bernard Goodwyn to replace Associate Justice Elizabeth B. Lacy, who retired in August 2007. Kaine appointed Virginia Court of Appeals Judge LeRoy F. Millette, Jr. on 15 August 2008. Millette replaced Associate Justice Steve Agee who was appointed in 2009 by President Barack Obama to the 4th U.S. Circuit Court of Appeals. Obama also appointed Associate Justice Barbara Keenan to the 4th U.S. Circuit Court of Appeals in 2009 but she was not confirmed prior to the end of the Kaine administration. Keenan was confirmed by the United States Senate in March 2010. The General Assembly, still in session, selected William C. Mims to fill the vacancy on the Virginia Supreme Court. The Judicial appointments series contains applicant files for the 2007, 2008 and 2009 (tentative) vacancies.

Governor Kaine made two appointments to the Virginia Court of Appeals. He appointed LeRoy F. Millette, Jr. on 27 November 2007. After Millette's appointment to the Virginia Supreme Court in August 2008, Kaine selected Chesterfield Circuit Judge Cleo F. Powell to fill the vacancy on the Virginia Court of Appeals.

Kaine selected one State Corporation Commissioner. Theodore V. Morrision, Jr., retired on 31 December 2007. When the divided General Assembly (Republicans controlled the House of Delegates; Democrats controlled the State Senate) could not agree on a selection, Governor Kaine appointed James C. Dimitir on 15 August 2008.

Notable documents include: memorandum to Governor Kaine from Mark Rubin and Larry Roberts, 17 July 2008, outlining the selection process for a Supreme Court Justice and a State Corporation Commissioner. The memo provides a brief synopsis of each candidate (b11, f8); and letter to Lawrence Roberts from Mark Rubin, dated 6 May 2009, confirming Roberts pro bon legal advice and counsel to the Governor related to the 2007 Virginia Tech shooting (b11, f10).

Extent: 1.75 cubic feet (5 boxes).

The Special Counsel Files series is housed in 5 boxes. This series documents the appointment of outside counsel to represent state employees and constitutional officers in legal action. Requests for the appointment of a special counsel were sent to the Counselor to the Governor by either the Virginia Department of Treasury, Division of Risk Management or the Office of the Attorney General. The records in this series are for requests from the last year of the administration of Governor James S. Gilmore (2001), the administration of Governor Mark R. Warner (2002-2006) and the first year of the administration of Governor Tim Kaine (2006). Records for each file usually includes: request for the appointment of special counsel, background information on the legal action, detailed legal bills, and requests for approval of special counsel legal fees by the Governor's Counselor (Robert Blue, 2002-2005; Robert Crouch, 2005-2006; and Lawrence Roberts, 2006). This series contains confidential, privacy-protected and attorney-client privileged records and is closed for 75 years per Code of Virginia, 2.2-3705.1, 2.2-3800 and 42.1-78.

Extent: 0.70 cubic feet (2 boxes).

The Attorney General Settlement series is housed in two boxes. This series contains copies of settlement agreements between individuals and state agencies requiring the approval of the Governor. The agreements usually include a request for settlement from the Attorney General (Robert McDonnell) which provides the background of the case, an approval of settlement letter from the Governor to the Attorney General, the settlement and other supporting documents. Writs of Habeas Corpus are also interfiled within this series. This series contains confidential, privacy-protected and attorney-client privileged records and is closed for 75 years per Code of Virginia, 2.2-3705.1, 2.2-3800 and 42.1-78.

Extent: 5.25 cubic feet (15 boxes).

The Files of Lawrence Roberts, Counselor to the Governor, and Shane Emmett, Legal Fellow series is housed in 15 boxes. The provenance of this series is unclear; most of the records appear to be from Roberts. However, the records were received from Emmett in January 2010. This series contains clemency petitions from prisoners submitted to the Governor. The clemency petitions usually include: petition from prisoner, constituent letters (for and against clemency), court documents and opinions, summary of the case provided by the Office of the Attorney General, and a memorandum to Governor Kaine from Counselor to the Governor (Lawrence Roberts, 2006-2009) and/or Shane Emmett, Legal Fellow, providing background information on the case, analysis of petition and conclusion/recommendation to Governor. Files are arranged chronologically (by date of execution, clemency, or stay of execution). This series also includes a few conditional pardon applications, and records related to the Jens Soering case and right-to-life license plate. This series contains confidential, privacy-protected and attorney-client privileged records and is closed for 75 years per Code of Virginia, 2.2-3705.1, 2.2-3800 and 42.1-78.

Clemency petitions and/or correspondence were submitted on behalf of: Dexter Lee Vinson (executed 27 April 2006); Brandon Hedrick (executed 20 July 2006); Michael Lenz (executed 27 July 2006); John Yancey Schmitt (executed 9 November 2006); Kevin Green (executed 27 May 2008); Percy Levar Walton (death sentence commuted to life in prison without parole, 9 June 2008); Robert Yarbrough (executed 25 June 2008); Kent Jackson (executed 10 July 2008); Christopher Scott Emmett (executed 24 July 2008); Edward Nathaniel Bell (executed 19 February 2009); John Powell (scheduled 14 July 2009 executed stayed by United States Supreme Court, executed on 12 March 2010); Norfolk Four (conditional pardon granted on 6 August 2009); John Allen Muhammad (executed 11 November 2009); and Larry Bill Elliott (executed 17 November 2009).

Notable documents include: memo to Governor Kaine from Delacey Skinner, Communication Director, 20 April 2006, discussing the drafting of Kaine's first clemency statement in the case Dexter Lee Vinson (Kaine opposed the death penalty but pledged to carry out death sentences) (b19, f1).

Notable documents in the Brandon Hedrick file include: memorandum to Governor Kaine from Roberts, dated 17 July 2006 on Hedrick's clemency request (b19, f2); annotated petition (probably by Roberts) for clemency on behalf of Hedrick, undated, submitted by Robert Lee and James Broccoletti (b19, f2); and handwritten letter to Kaine from Hedrick, dated 7 June 2006, asking Kaine to commute his sentence to life in prison and declaring his innocence (b19, f3).

Notable documents in the Michael Lenz file include: two versions of a memorandum to Governor Kaine from Roberts, dated 24 July 2006 on Lenz's clemency request (b19, f4); and annotated petition (probably by Roberts) for clemency on behalf of Lenz, 11 July 2006, submitted by Matthew L. Engle and Jennifer L. Givens (b19, f4).

Notable documents in the John Yancey Schmitt file include: letter to Governor Kaine from Bill Beachy, Schmitt's step-father, dated 10 November 2006, describing the final meeting between Schmitt and his mother, Carol Beachy (b20, f1); memorandum to Governor Kaine from Roberts, dated 2 November 2006, providing background of case and making cases both for and against clemency (b20, f1); Roberts' notes from 27 October 2006 meeting with Schmitt's attorneys (b20, f1); Roberts' notes from 25 October 2006 meeting with Schmitt's mother, Carol Beachy (b20, f1); and highlighted clemency petition on behalf of John Yancey Schmitt, 19 October 2006 (b20, f2).

Notable documents in the Kevin Green file include: memorandum to Governor Kaine from Roberts, dated 22 May 2008, on Green's clemency petition (b20, f5); Roberts' notes from 20 May 2008 meeting with Green's attorneys (b20, f5); and highlighted clemency petition on behalf of Kevin Green, 15 May 2008 (b20, f5).

Percy Levar Walton killed three innocent people over a two-week period in November 1996 and was sentenced to death. A few days before his scheduled execution date of 28 May 2003, the United States District Court for the Western District of Virginia granted Walton a stay of execution in order to determine Walton's mental competence. In July 2003, the court ruled that Walton was competent to be executed. A three-judge panel of the United States Court of Appeals for the Fourth Circuit vacated the lower court ruling, directing a broader inquiry into Walton's mental state. Before that inquiry took place, the entire U.S Court of Appeals for the Fourth Circuit reconsidered the panel's decision in an en banc review. On 9 March 2006, the court found Walton competent to be executed by a narrow 7-6 majority. Walton's attorneys submitted a clemency petition to Governor Kaine on 22 May 2006, presenting evidence that Walton had schizophrenia and that his mental state had deteriorated since 2003. Kaine delayed Walton's June 2006 execution date until 8 December 2006 for the purpose of conducting an independent evaluation of Walton's mental condition and competence. After a six month review, Kaine concluded that Walton was serious mentally impaired and that he met the United States Supreme Court's definition of mental incompetence. Kaine acknowledged that Walton's mental impairment was not permanent and delayed the execution by 18 months, to 10 June 2008. Walton's condition did not improve during that time and on 9 June 2008 Kaine commuted his sentence to life in prison without parole.

Notable documents in the Walton file include: Marion Correctional Treatment Center, Admission Psychological Evaluation of Walton, dated 9 September 2008, and Greensville Correctional Center, Psychological Evaluation of Walton, dated 3 July 2008 , both records provided to Roberts by Secretary of Public Safety John Marshall (b22, f1); memorandum to Governor Kaine from Roberts, dated 28 November 2006, following up on Kaine's June 2006 reprieve; the memo describes the arrangements made for Dr. Mark J. Mills and Dr. Anand Pandurangi to interview and evaluate Walton; Mills interviewed Walton on 10 November 2006; Pandurangi interviewed Walton on 22 November 2006; both interviews were conducted at an interview room at Sussex Prison and were recorded by a hidden video camera (b22, f1); digital video cassette tape, DVD copy, and 2 audio CDs of Dr. Mills' 10 November interview of Walton at Sussex Prison; 2 digital video cassette tapes, DVD copy and 2 audio CDs of Dr. Pandurangi's 22 November 2006 interview of Walton at Sussex Prison (b22, f2); 18 October 2006 meeting notes on procedures for evaluating Walton; attending: Larry Roberts, Walter "Mac" McFarlane, Gene Johnson, Dept. of Corrections Director, Robin Hubert, Dept. of Corrections Medical Staff, Secretary John Marshall and Deputy Secretary Clyde Cristman (b22, f3); memorandums to Governor Kaine from Roberts on establishing independent procedures to evaluate Walton, 2 October 2006 and 27 September 2006 (b22, f3); notes from 31 August 2006 conference call between Roberts and Mac McFarlane and John Howley, Jennifer Patterson and Arthur Brown, Walton's attorneys (b22, f3); memorandum to Governor Kaine from Roberts, dated 3 June 2006, on Walton's clemency request (b22, f3); e-mail to Roberts from Walter "Mac" McFarlane, Virginia Dept. of Correctional Education, dated 31 May 2006, describing McFarlane's thoughts on the Walton clemency petition (b22, f3); application for clemency on behalf of Walton, 23 May 2006 (b22, f4); documents in support of clemency petition (b22, f5-b23, f4); and copies evaluations of Walton by Dr. Mark J. Mills, Ruben C. Gur, Ph.D., Dr. Alan J. Arikian, Dr. Miller M. Ryans, Dr. Patricia General, Allen Glasgow, Stanton Samenow, Ph.D., and Dr. Anand K. Pandurangi (b23, f5-b24, f2).

Notable documents in the Robert Yarbrough file include: memorandum to Governor Kaine from Roberts, dated 23 June 2008, on Yarbrough's clemency petition (b24, f3).

Notable documents in the Kent Jackson file include: memorandum to Governor Kaine from Roberts, dated 9 July 2008, on Jackson's clemency petition (b25, f1); and notes from 7 July 2008 meeting between Roberts and McFarlane and Andy Protogyrou and Colston Jones, Jackson's attorneys (b25, f1).

Christopher Scott Emmett was convicted of murdering his friend and co-worker John Fenton Langley on 10 October 2001. Emmett was sentenced to death and was scheduled to be executed on 13 June 2007. Emmett filed a writ of certiorari with the United States Supreme Court seeking review of his conviction, as well as a motion to stay his execution. The Court denied his stay motion, with four Justices voting to grant his stay. However, the Count had yet to consider Emmett's writ of certiorari and would not considered it until September 2007. Governor Kaine granted a stay of execution until 17 October 2007 in order for Court to consider Emmett's writ. The Court denied the writ on 1 October 2007. Emmett's lawyers petitioned the courts, and filed a supplemental petition with Governor Kaine, challenging the constitutionality of lethal injection as a method of execution. On 17 October 2007, the United States Supreme granted a stay of execution while it reviewed the issue. The Court upheld the constitutionality of lethal injection as a method of execution in the Court's 16 April 2008 Baze v. Rees case. The Court lifted Emmett's stay of execution in May 2008. Emmett was executed on 24 July 2008.

Notable documents in the Emmett file include: Robert's notes from telephone call with Matthew Engle, Emmett's attorney, dated 15 October 2007 (b25, f5); Roberts' notes from 9 October 2007 meeting with the Office of the Attorney General (b26, f2); Roberts' notes from 6 June 2007 meeting with Matthew Engle, Emmett's attorney (b26, f5); and memorandum to Roberts from Shane Emmett, dated 29 May 2007, on Emmett's clemency petition (b26, f5).

Notable documents in the Edward Nathaniel Bell file include: memorandum to Governor Kaine from Roberts, dated 6 February 2009, on Bell's clemency petition (b27, f3); and letter to Roberts from Kelly Timbrook, widow of Sgt. Ricky Timbrook, Bell's victim, dated 5 January 2009, imploring Kaine not to commute Bell's sentence (b27, f3).

Notable documents in the Paul Warner Powell file include: memorandum to Governor Kaine from Mark Rubin and Shane Emmett, dated 8 July 2009, on Powell's clemency petition (b27, f5).

The Norfolk Four refers to the men (Derek Tice, Daniel Williams, Joseph J. Dick, Jr., and Eric C. Williams) convicted in the rape and murder of Michelle Moore-Bosko in 1997 in Norfolk, Virginia. The Norfolk Four alleged their confessions were coerced by threats from law enforcement that if they didn't confess they would receive the death penalty. Wilson served his full 8 and a half year sentence. On 6 August 2009 Governor Kaine granted a conditional pardon to Tice, Williams and Dick; the convictions remained on their record but the men were released from prison.

Notable documents in the Norfolk Four file include: notes from meetings between attorneys for the Norfolk Four and Counselor to the Governor (b28, f2 and f5); memorandum to Governor Kaine (probably from Roberts), ca. 11 May 2009, on the impact of the Norfolk Four on the clemency process (b28, f2); memorandum to (either Governor Kaine or Roberts) from Helen F. Faye, Chair of the Virginia Parole Board, dated 8 May 2009, on the Norfolk Four clemency petition (b28, f2); briefing binder to Governor Kaine and Roberts from Shane Emmett, dated 19 December 2008, containing documents regarding the Norfolk Four clemency petition (b28, f3-f4); memorandum to Roberts from D.J. Hansen Commonwealth's Attorney, City of Chesapeake, dated 5 March 2009, rebutting allegations in the Norfolk Four clemency petition and book "The Wrong Guys" (b28, f5); e-mail to Shane Emmett from Helen Fahey, dated 21 April 2009, express her views on the Norfolk Four case (b28, f5); and memorandum to Carrie Henderson, Deputy Scheduler, from Roberts, dated 25 January 2008, on Norfolk Four meeting with Governor Kaine (b29, f1).

John Allen Muhammad , the "Beltway Sniper", was convicted of the murder of Dean Meyers on 17 November 2003 and was sentenced to death. Mohammad was executed on 11 November 2009. Notable documents include: memorandum to Governor Kaine and Mark Rubin from Shane Emmett, dated 2 November 2009, providing factual background, clemency petition summary and analysis (b29, f2); petition for executive clemency for John Muhammad submitted in video format, submitted 15 October 2009 (b29, f3); and memorandum to Rubin and Emmett from Dave Roberts, Legal Fellow, dated 18 October 2009, on standards for the insanity defense and commutation of death penalty sentences for allegedly insane offenders (b29, f3).

Notable documents in the Larry Bill Elliott file include: memorandum to Governor Kaine and Rubin from Emmett, dated 6 November 2009, providing factual background, clemency petition summary and analysis (b29, f4); memorandum to Rubin from Katherine Burnett, Senior Assistant Attorney General, dated 11 September 2009, providing her perspective on several aspects of Elliott's clemency petition (b29, f5); letter to Kaine from Elliott, dated 31 August 2009 (b30, f1); and clemency petition on behalf of Elliott, 28 August 2009 (b30, f1-5).

Larry Fowlkes , convicted in 1995 of murder and sentenced to 45 years in prison, filed a clemency petition to Governor Mark Warner in 2004 asking for his release based on his claim of innocence and on medical grounds. Warner did not act on the petition prior to leaving office in January 2006. Fowlkes' attorneys submitted an additional petition to Governor Kaine in July 2006. Fowlkes died in prison in May 2008 without Kaine acting upon his petition. Notable documents include: original petition submitted to Governor Warner in December 2004 and supplemental petition submitted to Governor Kaine in July 2006 (b31-b32, f3).