Honolulu nominee for appeals court advances

By Susan Roth
Advertiser Washington Bureau

WASHINGTON — With the assent this week of U.S. Sen. Daniel Akaka, both Hawai'i senators have now approved the nomination of Honolulu attorney Richard "Rick" Clifton to clear the way for his appointment to the 9th U.S. Circuit Court of Appeals.

Richard Clifton was appointed to the 9th U.S. Circuit Court of Appeals. Advertiser library photo

President Bush nominated Clifton, counsel for the Hawaii Republican Party, last June. But the appointment stalled because both Democratic senators refused to approve it, resentful that they were not involved in the choice of Clifton.

In order for Clifton to get the job, both senators must approve his nomination, then a majority of the Judiciary committee and a majority of the Senate. With the major obstacles now gone, Clifton's appointment is expected to be a done deal.

Both senators had consulted with the Clinton administration for the 1999 nomination of Honolulu attorney James Duffy for the 9th Circuit position. Though both senators supported Duffy's appointment, the Senate, then led by Republicans, never acted on it.

Inouye said last month that he had been waiting to hear from the White House whether the Duffy nomination was officially dead. When he got that word, "I advised the committee that ... (Clifton) is OK with me," he said.

While Akaka "continues to believe that Mr. Duffy is an exceptionally qualified attorney who would be a tremendous asset to the federal bench, his nomination is not a matter the senator has pursued with the White House since Mr. Clifton's nomination," said Paul Cardus, a spokesman for Akaka.

Cardus said yesterday that the senator had just finished his review of Clifton's nomination materials, his FBI report and the recommendations of the American Bar Association and the Hawaii State Bar Association. The Hawai'i organization rated Clifton "highly qualified" for the judgeship.

"The senator found that Mr. Clifton was qualified to serve on the federal bench and decided to support his nomination," Cardus said. "The senator felt that it wasn't a problem for him to separate the qualifications of Mr. Clifton from his disappointment with the procedures employed by the White House."

Cardus said he did not know whether Akaka had spoken to Inouye about the nomination since returning to Washington last week.

Both senators are awaiting review materials on the nomination of Honolulu attorney Frederick W. "Fritz" Rohlfing III for federal district judge. Inouye has said he won't block the appointment.

While both senators have insisted that the process, not politics, has been the problem with the Clifton nomination, Gov. Ben Cayetano has said Clifton is too partisan to be a fair judge.

The San Francisco-based 9th Circuit hears cases from Alaska, Arizona, California, Hawai'i, Idaho, Montana, Nevada, Oregon, Washington and Guam.