Posted on: Friday, April 27, 2001
Honolulu attorney may get federal court position
By Walter Wright
Advertiser Staff Writer
Honolulu attorney Richard R. "Rick" Clifton could be named to the 9th Circuit Court of Appeals by President Bush by the end of May.
But Bush is likely to take as long as six months to name a new U. S. attorney, U.S. marshal, U. S. Department of Agriculture farm service agent and U. S. Department of Agriculture Rural Development director in Hilo, the four regular presidential federal "patronage" jobs available in Hawai'i.
Also in the new president's hands is the choice of a new federal judge for Honolulu.
Clifton, 50, a Yale Law School graduate now with the firm of Cades Schutte Fleming & Wright, has been the attorney for the Republican Party in Hawai'i since 1993, and active in the party here since 1983.
He is the only nominee for any of the positions known to be supported by both the Hawai'i Republican Party, headed by Linda Lingle, and by the Bush campaign in Hawai'i, headed by state Rep. Barbara Marumoto, R-17th (Kahala, Wai'alae Iki).
Routine FBI background checks on Clifton are supposed to be completed by May 11, which could make announcement of the appointment possible by month's end.
But the other appointments will likely be delayed, not only by the time it is taking the Bush administration to review applicants for thousands of jobs nationwide, but also by the differences of opinion among prominent Republicans here.
Campaign leaders who supported Bush's presidential candidacy could be expected to feel their work for the successful candidate earns them an influential role in recommending persons for the patronage appointments.
On the other hand, Lingle — as the party's standard bearer in her campaign for governor in 1998 — would enjoy prestige as the person with the president's ear when she runs for governor again next year, as expected.
Marumoto said she and Lingle met to review the appointments, but were able to agree only on Clifton.
U. S. Sen. Daniel Inouye, a Democrat who had submitted the name of Honolulu attorney James Duffy to then-President Bill Clinton for the 9th Circuit Court position, has renewed that recommendation to President Bush, saying Duffy is worthy of the job and that his office has made its recommendations without regard to party.
Duffy, however, is given a slim chance despite Bush's promise to take a bipartisan approach in "setting a new tone" in the presidency.
Speculation about Hawai'i's next U. S. attorney is increasing as U.S. Attorney Steve Alm prepares to step down on Monday.
Alm has been nominated by Gov. Ben Cayetano as a state circuit court judge and confirmed for that appointment by the State Senate last week. He is scheduled to be sworn in as judge May 14.
Marumoto and Lingle have declined to identify the individuals they are backing for U. S. attorney.
But Lingle is known to have advised other candidates that former Assistant U.S. Attorney Mark Bennett, now in private practice in Honolulu, is her choice. Marumoto is believed to be endorsing Assistant U.S. Attorney Ed Kubo for appointment as U.S. Attorney.
Bennett, who was with the office for five years before returning to private practice, has declined comment, except to say that "if I am being considered for the position, it would be a great honor."
Kubo, who has been working in the office for 11 years, declined comment on reports of his endorsement for the top job. And Marumoto said only that she understood that Kubo had widespread support in local and federal law enforcement.
Other assistant U. S. attorneys are believed to have expressed an interest in succeeding Alm, but their interest has dwindled with the emergence of Bennett and Kubo as the contenders with strong political backing.
Another candidate for the job as U.S. attorney is State Rep. Paul Whalen of the Big Island, who has been a deputy prosecutor in both the Honolulu and Big Island county prosecutors' offices.
Whalen, recommended for the position by Big Island Mayor Harry Kim, said "some people felt that I would make a good United States attorney for the District of Hawai'i, and I am pleased and honored that the President would consider me for such an important position."
Former Deputy County Prosecutor Randal Yoshida was mentioned as a prospect for U. S. attorney early on, but has said that while the consideration would be an honor, he has chosen to remain in private practice.
Marumoto disclosed that her choice for U.S. Department of Agriculture Rural Development director in Hilo is Big Island real estate developer Lorraine Shin, a party regular. Shin said she has since learned that the Bush Administration is also considering her for a six-year appointment as one of three directors of the Farm Credit Administration.
"I am so excited, and although I don't think a girl from Hilo will make the cut for the national appointment, I am honored just to be considered for that as well as for the USDA position in Hawai'i," she said.
Stephanie Aveiro, executive director of the Hawai'i Medical Association and formerly Lingle's Director of Housing & Human Concerns when Lingle was mayor of Maui, is believed to be Lingle's nominee for the same USDA position in Hilo. Aveiro said yesterday that she would be honored to be considered for an opportunity to serve the new administration.
"Several" persons have applied for appointment to the U. S. District Court vacancy available in Hawai'i, Rep. Marumoto said, but she declined to name any of them.
Marumoto said she has forwarded several names to the Bush administration for that post, "and they (the administration) know who my recommendation is."
Lingle was out of town this week, attending a gathering of Republican Party state chairpersons, and then visiting Washington, D.C., to meet with Bush administration officials on Hawai'i issues and on the federal appointments, party aide Micah Kane said.
