CHARLESTON, W.Va. -- Charleston lawyer Herschel "Ned" Rose II has withdrawn his name from consideration to become a U.S. district judge based in the Eastern Panhandle.

Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., recommended that Rose be appointed to that position.

In a joint statement released Friday afternoon, Byrd and Rockefeller said, "We are saddened to learn that Ned Rose has chosen to withdraw his name from consideration for the position of U.S. district judge.

"Ned Rose possesses the intelligence, honesty, and quality of character to make an outstanding district judge, and his withdrawal is West Virginia's loss."

Rose was out of town on Friday and could not be reached for comment.

A native of Fairmont, Rose managed Byrd's re-election campaigns in 2000 and 2006. Rose also served as state tax commissioner when Rockefeller was governor.

Rose, who opened the Rose Law Office in Charleston in late 1984, would have been assigned to work as a federal judge in Martinsburg, part of the state's Northern District.

On Jan. 7, Byrd and Rockefeller asked President-elect Barack Obama to nominate Rose and Kanawha County Circuit Judge Irene C. Berger to fill West Virginia's two open seats on the federal bench.

CHARLESTON, W.Va. -- Charleston lawyer Herschel "Ned" Rose II has withdrawn his name from consideration to become a U.S. district judge based in the Eastern Panhandle.

Sens. Robert C. Byrd and Jay Rockefeller, both D-W.Va., recommended that Rose be appointed to that position.

In a joint statement released Friday afternoon, Byrd and Rockefeller said, "We are saddened to learn that Ned Rose has chosen to withdraw his name from consideration for the position of U.S. district judge.

"Ned Rose possesses the intelligence, honesty, and quality of character to make an outstanding district judge, and his withdrawal is West Virginia's loss."

Rose was out of town on Friday and could not be reached for comment.

A native of Fairmont, Rose managed Byrd's re-election campaigns in 2000 and 2006. Rose also served as state tax commissioner when Rockefeller was governor.

Rose, who opened the Rose Law Office in Charleston in late 1984, would have been assigned to work as a federal judge in Martinsburg, part of the state's Northern District.

On Jan. 7, Byrd and Rockefeller asked President-elect Barack Obama to nominate Rose and Kanawha County Circuit Judge Irene C. Berger to fill West Virginia's two open seats on the federal bench.

After he was recommended by Byrd and Rockefeller, Rose said, "This is the greatest honor I have been paid since my wife said 'yes.'"

Earlier this week, Obama formally nominated Berger to become a federal district judge. The Senate must approve all presidential judicial nominations.

Berger would replace U.S. District Judge David A. Faber, who assumed senior status on Dec. 31, moving him into semi-retirement.

Rose would have replaced U.S. District Judge Craig W. Broadwater, who died in December 2006.

Berger, a native of Berwind in McDowell County, has served as a circuit judge for 15 years. Before that, she was an assistant Kanawha County prosecutor and assistant U.S. attorney.

If the Senate approves her nomination, Berger will become West Virginia's first black federal judge.

Rockefeller and Byrd previously recommended Berger for a federal judgeship in 2004 and Rose in 2007.

Reach Paul J. Nyden at 304-348-5164 or pjny...@wvgazette.com">pjny...@wvgazette.com