Judicial nominee withdraws name from consideration

By Mike Gordon
Advertiser Staff Writer

Saying he was grateful for "the high honor" of being nominated, Honolulu attorney Frederick "Fritz" Rohlfing III has asked President Bush to withdraw his nomination as a judge for the U.S. District Court in Hawai'i.

Bush nominated Rohlfing in January 2002 to fill a vacancy, but the attorney was never given a Senate hearing. Rohlfing would not comment yesterday but did release the letter he sent Sunday to the president.

"Regrettably, despite my best efforts and those of many others, I have been denied the opportunity to present my qualifications at a hearing before the Senate Judiciary Committee," Rohlfing wrote. "Accordingly, it is now time for me to return my full attention to my trial practice."

Rohlfing, 47, is a partner at the Honolulu firm Rohlfing & Stone.

Rohlfing was nominated to fill a temporary judgeship, which expires in October. If Congress does not make the position permanent, the spot will be lost.

The vacancy was created four years ago when U.S. District Judge Alan Kay moved to senior status in the court.

U.S. District Judge David Ezra, in charge of federal judges here, said the lack of a fourth judge has created a backlog with civil trials pushed back several years. "It is a very serious problem," Ezra said.

Rohlfing's withdrawal will allow for someone else to be nominated, Ezra said. But the process would have to move quickly and both the White House and Senate Democrats would have to agree on the candidate.

The American Bar Association said Rohlfing is not qualified to serve as a federal judge. Although the ABA does not have a formal role in the confirmation process, it evaluates nominees. Senators consider the ABA ratings when making their decisions.

Reach Mike Gordon at 525-8012 or at mgordon@honoluluadvertiser.com.