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The Honolulu Advertiser

Posted at 11:44 a.m., Tuesday, November 16, 2004

Time running out on Seabright nomination

By Frank Oliveri
Advertiser Washington Bureau

WASHINGTON — Maybe it was a bad sign today when the Senate Judiciary Committee chairman said it would be "miraculous" if the full Senate had enough time to vote on the nomination of J. Michael Seabright to be a U.S. District judge in Hawai'i.

Sen. Orrin Hatch, R-Utah, said he would work hard to "get this done before the end of the session." Then, he lowered his head, looked up again at Seabright and other nominees for federal judgeships and completed his thought: "But it would be miraculous if we do."

With Congress trying to wrap up its final session by Thanksgiving, Hatch proceeded to question Seabright, who has been tapped to fill a seat on the federal bench that has been vacant since January 2000.

Should the full Senate fail to act before Congress adjourns, Seabright's nomination would die and President Bush would have to either renominate the Hawai'i prosecutor or choose someone else next year.

U.S. District Judge David Ezra, chief of the Hawai'i court, said recently that his district is in "crisis" because it does not have a fourth judge. The shortage of judges has forced delays, particularly in federal civil trials.

"I think at this point I'm honored to be nominated, and, now, we'll just have to wait and see," said Seabright, 45, who is the assistant U.S. attorney overseeing the white-collar and organized crime unit. Gov. Linda Lingle submitted Seabright's name to the White House in June, along with two other candidates from Hawai'i.

Seabright said he would reserve further comment until the Senate had taken action.

For the hourlong hearing, Hatch sat alone in the regal committee conference room, amid the ornate lighting fixtures, polished wood dais, and relief-patterned ceiling with images of constellations overhead. He apologized for the absence of Democrats — they were busy choosing their leaders elsewhere on Capitol Hill.

Hatch asked Seabright about judicial temperament and working with other judges. The other nominees were Thomas Griffith, for the U.S. Circuit Court of Appeals for the District of Columbia, and Paul Crotty, for the U.S. District Court for the Southern District of New York.

Seabright introduced his wife, Margaret Sun Dho Ahn, a deputy state attorney general, and their two young children, Kate and Nick.

All three nominees said collegiality would be important to any judgeship. Seabright said he has tried several cases before the other three U.S. District judges in Hawai'i and knows them well.

Earlier, Sens. Daniel Inouye and Daniel Akaka of Hawai'i lauded Seabright's nomination saying he was "highly qualified" for the job. The Hawai'i Bar Association has also given Seabright a rating of "highly qualified" for the post.

Seabright worked in private practice in Honolulu from 1984 to 1987, and then became a federal prosecutor in Washington. He moved back to Hawai'i in 1990.