Circuit Court nomination of Clifton riles Inouye, Akaka
| • | Ex-state lawmaker makes Bush's list |
By Susan Roth
Advertiser Washington Bureau
WASHINGTON — President Bush nominated a Republican Honolulu lawyer to the 9th Circuit Court of Appeals yesterday, setting off a battle of wills with Hawai'i's Democratic senators whose approval is required to advance the nomination.
Advertiser libary photo • 1991
The nomination of Richard Clifton marks the first such confrontation of the newly Democratic-led Senate. Neither of Hawai'i's senators has endorsed Clifton, counsel for the Hawaii Republican Party. Gov. Ben Cayetano has opposed the nomination.
Richard Clifton taught at the UH law school.
Meanwhile, both state GOP Chairwoman Linda Lingle and state Rep. Barbara Marumoto, R-17th (Kahala-Wai'alae Iki), who ran the Bush campaign in Hawai'i, have backed the nomination.
Sens. Dan Inouye and Daniel Akaka are upset that the White House didn't follow custom and consult with them about Clifton's nomination. Under Senate rules, both senators must sign off on a judicial nomination from their home state before the nomination is considered by the Senate Judiciary Committee and on the Senate floor.
The White House has said senators have been consulted about all nominations, but Inouye said administration officials presented the Clifton nomination as a done deal.
Both senators backed the Clinton White House's nomination of Hawai'i attorney James Duffy to the same post in 1999. Clinton renominated Duffy, along with seven other appeals court nominees, before leaving office in January. The Duffy appointment was one of more than 60 that the Republican-led Senate never acted on.
Akaka, who wrote the provision that mandates representation from each state on the federal Circuit Court of Appeals, said he had met with Clifton but was not consulted during the selection process.
"For the past two years, I have supported the nomination of another Hawai'i resident to the Court of Appeals for the 9th Circuit who was selected after significant consultation with Hawai'i's legal community and after a thorough nonpartisan process," Akaka said in a statement.
Inouye said he met Clifton for the first time a few days ago but has not received any information about him from the White House, as is customary. He said senators usually get to look over FBI reports on nominees and assessments from the American and local bar associations.
"I would at least like to be part of the loop," Inouye said. "The so-called advise and consent rule goes a little beyond submitting a nomination at 2 p.m. If that's advise and consent, then somebody has to go back to law school and read what advise and consent is all about."
Inouye said he would seek an explanation of why Duffy's nomination was withdrawn.
"Is it just a partisan decision? If so, I would like to know for the record," he said.
Clifton, 50, a native of a Boston suburb, has extensive trial and appellate experience at both state and federal levels, according to the White House. A 1972 graduate of Princeton University who earned his law degree in 1975 from Yale University's law school, he has a strong reputation in the legal community for civility and courtesy, the White House said.
He clerked for 9th Circuit Appeals Court Judge Herbert Choy in 1975-76, taught at the University of Hawai'i's Richardson School of Law in 1978-80 and 1983-89 and is a partner at Cades Schutte Fleming & Wright.
Correction: The Hawaii State Bar Association has not taken a position on the nomination of Richard Clifton to the 9th Circuit Court of Appeals. The Hawaii Women Lawyers Association does not endorse nominations. Information in a previous version of this story was incorrect.
