Senate relents on Bush pick for court
By Susan Roth
Advertiser Washington Bureau
WASHINGTON — Honolulu attorney Richard Clifton's long road to the bench of the 9th U.S. Circuit Court of Appeals ended yesterday with unanimous Senate approval of his nomination.
Nearly 13 months after President Bush nominated him, Clifton celebrated the 98-0 Senate vote with a sense of perspective on the long confirmation process and no animosity toward Hawai'i's senators, who at first blocked his appointment.
"It's been a while, but it's worth it," said Clifton, 51, who watched the Senate vote on C-SPAN with colleagues at Cades Schutte Fleming & Wright. "I could always have climbed off the path, but I never did, because it's such a great honor and opportunity that it's worth waiting for. Now, I'm ready to go."
Clifton, who was the Hawai'i Republican Party's attorney until he was named by Bush, said he had faith that once the senators learned more about him, they would be satisfied that he was qualified for the lifetime appointment, though he conceded that "communications may not have been the greatest at the beginning."
Sens. Dan Inouye and Daniel Akaka, both Democrats, blocked the appointment until February because they were angry that the White House did not consult them during the selection process. Both had backed the 1999 appointment by President Clinton of Honolulu attorney James Duffy, whose nomination was never approved by the then-Republican-controlled Senate.
Clifton said the senators "are both statesmen who are not motivated primarily by partisan bickering. ... It's a peculiar process, a political process. So while the process took a little longer and had a few more bumps than I might have wished, we live with the bumps and take the long view. Their names are certainly high on the list of those I will be thanking for this opportunity."
Inouye did not issue a statement upon approval of the nomination, but Akaka noted that Hawai'i had waited many years for Senate confirmation of a Hawai'i resident to the court of appeals. A 1995 bill by Akaka required representation on the court from each state in the circuit.
"Rick Clifton has had a distinguished legal career," Akaka said in a statement submitted to the Senate. "I believe he will be an asset to the Court of Appeals for the 9th Circuit, and urge my colleagues to support his nomination."
Akaka said Clifton's confirmation "concludes a long and regrettable saga in confirming a qualified nominee from Hawai'i" — a reference to Duffy, whose nomination "languished for 791 days in the Judiciary Committee without ever receiving a hearing."
The confirmation vote attests to the fairness of the Senate Democratic leadership, Akaka said.
Clifton said he planned to ask Senior Circuit Court Judge Herbert Y.C. Choy of Hawai'i to swear him in to the position in the coming weeks. After his graduation from Yale Law School, Clifton served as a law clerk for Choy, the last Hawai'i judge appointed to the circuit.
State Rep. Barbara Marumoto, R-17th (Kahala, Wai'alae Iki), who ran the Bush campaign in Hawai'i and backed Clifton's appointment, applauded the confirmation vote and said Clifton's appointment "will help restore rationality" to the 9th U.S. Circuit Court of Appeals. "Long known for its liberal leanings, Clifton brings the court more toward the center," she said, citing the court's recent ruling on the "under God" phrase in the Pledge of Allegiance.
Senate staff said lawmakers had not yet completed the review process on the nomination of Honolulu attorney Frederick W. "Fritz" Rohlfing III for federal district judge, though both Hawai'i senators are expected to OK the nomination.
