HomeNewsSportsMoreWeatherAnnouncementsClassifiedsMy Trib.ComMy CityJobsHomesCars
Advanced Search
 

Senators grill Wyo court nominee


Story Tools

Print this story

E-mail this story

Rate this story

Text Size

Share This Story:
del.icio.usdiggNewsVine




trib.popular


WASHINGTON -- Senators on Tuesday grilled controversial nominee Richard Honaker over whether he would rule fairly in abortion cases if confirmed as a federal judge in Wyoming.

A key Democrat said his answers did not satisfy her.

The questions about whether Honaker, a Rock Springs lawyer, could serve impartially came as the Senate Judiciary Committee took up his nomination to be U.S. District Court judge in Cheyenne.

Numerous groups have mounted a campaign against his nomination, saying he holds extreme views on abortion and religion. Honaker, who as a Wyoming state legislator proposed what would have been the nation’s toughest restrictions on abortion, promised that as a judge he would follow legal precedent on the issue.

Wyoming’s two senators introduced Honaker to the committee, expressing their support for his nomination to the lifetime position. Although the panel also considered three other judicial nominees, the toughest questions centered on Honaker, 57.

Sen. Dianne Feinstein, D-Calif., told Honaker that his nomination has become “quite controversial” and asked him about legislation that he had introduced in 1991 called the “Human Life Protection Act.” That measure would have outlawed abortions except in cases where a woman’s life was in jeopardy or in cases of rape or incest. The woman would have had to report such a crime within five days.

The measure failed in the Wyoming House Judiciary Committee, and Honaker’s effort to reintroduce it in 1992 also did not succeed.

Feinstein quoted Honaker as saying the measure was “a direct challenge” to Roe v. Wade, the Supreme Court decision that legalized abortion. She asked him twice whether his legislation adhered to the constitutional right to privacy recognized in that ruling.

Honaker said his bill had been a legislative challenge to Roe v. Wade. But he said the role of a district judge is “absolutely contrary” the role he played as a legislator, and that as a judge he would follow Supreme Court precedent.

“I recognize the right to privacy, and I recognize the precedent of the United States Supreme Court,” he said.

Feinstein responded that he never answered her question whether his legislation adhered to the right to privacy. “But if that’s your answer, so be it,” she added.

In a second round of questions, Feinstein noted that his bill included an exemption for the life of the mother but not her health, and said both are required. Honaker responded that in his personal opinion, “health” has not been defined specifically enough. He also said it’s his personal view that the abortion issue should be settled in a “pro-life way.”

But he added that as a judge he would certainly apply the precedents set by the Supreme Court, including Roe v. Wade. “That is the law of the land, and I would apply it,” he said.

Asked in a brief interview after the hearing whether Honaker’s answers satisfied her, Feinstein said, “No, I was not,” but declined to comment further.

In a letter to the executive director of an abortion-rights group that opposes his nomination, Honaker wrote that “on such a controversial subject, the losing party would appeal to the Tenth Circuit, and perhaps on to the United States Supreme Court, and nobody would remember what the trial judge did anyhow.”

Asked about that at the hearing, Honaker said that portion of the letter was not well written and has been misinterpreted.

Sen. Arlen Specter, R-Pa., asked whether Honaker had been seeking with his legislation to take the issue back to the Supreme Court. Honaker said the bill would have allowed that court to re-examine the precedent if it so chose. But he added that since he left the state Legislature he has not been involved in the abortion issue at all.

After his legislative efforts failed, Honaker represented an advocacy group in its appeal to the Wyoming Supreme Court to allow the measure as a statewide ballot initiative. The court let the measure on the ballot, but Wyoming voters rejected it in 1994. But Honaker said Tuesday the issue for him in that case was access to the ballot, “not abortion per se.”

Asked by Specter whether he would follow the “letter and the spirit” of Roe v. Wade, Honaker said he would.

'Eminently qualified'

Sen. Mike Enzi, R-Wyo., noted that he served with Honaker in the state Legislature, praised his qualifications and said numerous Democrats and Republicans in Wyoming support his nomination. Enzi noted that some “special interest groups” do not but that nearly all nominees face some opposition.

“Since the criteria is fairness, I want to assure you that Richard Honaker is one of the fairest people I know,” Enzi said.

Sen. John Barrasso, R-Wyo., called Honaker “eminently qualified” and said there is no question he is ready to fill the job.

NARAL Pro-Choice America and its Wyoming chapter have been actively opposing Honaker’s nomination. They organized a letter last year signed by 20 other groups, including the National Organization of Women, the Planned Parenthood Federation of America and the National Partnership for Women and Families, urging the Senate not to take up his nomination.

Other groups, including People for the American Way and Americans United for Separation of Church and State, are opposing his nomination because they say he has a disturbing record on the principle of government neutrality toward religion and a legal philosophy that threatens church-state separation.

Honaker declined to answer reporters’ questions Tuesday.

The late Sen. Craig Thomas, R-Wyo., submitted Honaker's name to the White House as a possible nominee to replace retiring U.S. District Judge Clarence Brimmer. President Bush nominated Honaker in March, and Enzi pushed hard for the hearing.

The Judiciary Committee does not vote on nominees at its hearings, so the Democrats in charge of the committee would have to schedule a vote at a future committee business meeting. If the panel approves Honaker's nomination, the full Senate would then have to approve it.

A Laramie native, Honaker graduated from Harvard in 1973 and received his law degree from the University of Wyoming in 1976. He currently has a private practice in Rock Springs and is past president of the Wyoming Trial Lawyers Association and the Wyoming State Bar. He switched his party affiliation from Democrat to Republican in 1994.


Previous   Next
Crowded department seeks relief   Wyoming briefs

Article Rating

Current Rating: 0 of 0 votes!Rate File:

Reader Comments

There are 5 comment(s)

Comments to this story.

BELLSTOWN wrote on Feb 13, 2008 12:36 PM:

" If he's truly going to follow the current law and precedent, then why didn't he answer questions from reporters?
And his statement: "the losing party would appeal to the Tenth Circuit, and perhaps on to the United States Supreme Court, and nobody would remember what the trial judge did anyhow.” is ridiculous. Trial judges and all others should not see their job description as "it doesn't matter what I say, since it will be overturned anyway..." He's answers didn't seem honest or forthright, and that's the first thing we should be looking for in his job interview! "

john wrote on Feb 14, 2008 6:11 PM:

"
For Diane Feinstein to question the integrity of Richard Honaker is almost to absurd to believe. It is public record that she has shoveled millions of dollars to her husband's construction company in San Francisco. Her ultra liberalism oozes from her pores and it is sickening to me to watch her pontificate about her purisim and her never voting on any bill that will benefit her more than it will any citizen of this country. Her mere presence on this earth is a good illustration of why abortion should be allowed . I have known Richard Honaker for twenty years and I would say, without fear on contradiction, that he stands above many of the lawyers in this State and especially in Sweetwater County. "

David H. wrote on Feb 14, 2008 9:54 PM:

"
I have known Richard H. Honaker for 25 years, and for 17 or so of those years we practiced law together in Rock Springs. During that time I got to know him very well. He is a man of great honor, integrity and decency. Moreover, he is a man with a keen and engaging intellect who understands well the responsibilities demanded of a federal district judge.

I can assure the people of Wyoming that Richard Honaker would follow and uphold the laws of this country, even if such were contrary to him personally. He will not be a judge who interferes with or takes away those rights guaranteed to all citizens via the U.S. Constitution, including a woman's right to terminate a pregnancy when such is done within the bounds of the law.

There are special interest groups that have attempted to paint Richard Honaker as an "extremist" for his Pro-Life views. We all have opinions on this topic and there were times when he legislated or attempted to legislate those issues in the Wyoming House, but to automatically conclude that this highly capable Wyoming man is so biased and could not sit as a fair and impartial federal district jurist is just plain wrong and misguided.
"

Thinking Person wrote on Feb 14, 2008 10:06 PM:

" John: Wow. You support a man who is against abortion, but you think it's okay to abort people you don't like--like Senator Feinstein?

Your remark does your guy no favors. "

S. Taylor wrote on Jun 10, 2009 2:58 PM:

" How do I search the Caspar obituary archives and how far back can I go? I'd like to look at the last 10 years. "

Submit a Comment

We encourage your feedback and dialog, all comments will be reviewed by our Web staff before appearing on the Web site.
(optional)
   
Please note: We provide our story commenting feature in order to solicit feedback, debate and discussion on topics of local interest. Please keep in mind that civility is a necessary component of productive conversation. All blatantly inflammatory or otherwise inappropriate comments (i.e. vulgarity, marketing, etc.) are subject to rejection and/or removal. Comments will appear if and when they are approved. Thanks for reading, and thanks for participating.