Denied federal judgeship, Honaker expresses frustration with process

Judicial limbo ends for nominee

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CHEYENNE - Nearly two years after his nomination as a U.S. District Court judge in Wyoming, Richard Honaker said he doesn't need federal notification that his nomination isn't going anywhere.

"I haven't taken new cases for nearly two years," the 57-year-old Rock Springs attorney said Thursday in an interview. "I essentially closed my practice. I need to put a few groceries on the table."

Honaker's nomination was stymied by opposition from abortion-rights organizations.

One letter to senators was signed by 22 different groups, including the Wyoming chapters of the National Organization for Women and NARAL.

He received a hearing before the Senate Judiciary Committee, but the chairman, Sen. Patrick Leahy, D-Vt., never scheduled a vote.

"I think if I had not sponsored pro-life legislation nearly 20 years ago, my nomination would have been uncontroversial. I think it's about that simple," Honaker said.

"I'm assuming that after watching the process for nearly two years, I have no reason to believe they will consider any more judicial nominations until the next administration," he added.

Honaker's statements Thursday were his first to the media since his nomination to replace retiring U.S. District Judge Clarence Brimmer of Cheyenne. As a judicial nominee, Honaker said he was not allowed to make public statements while the nomination was pending.

He said he is now free to speak out, and he submitted a guest column to the Casper Star-Tribune detailing his experience with the federal judicial nomination process.

Honaker said former Gov. Mike Sullivan, a Democrat, and former U.S. Sen. Alan Simpson, a Republican, both contacted Leahy on his behalf.

Wyoming's two U.S. senators, Mike Enzi and John Barrasso, also worked to get his nomination moving.

Enzi said Thursday through his press secretary, Elly Pickett, that he believes Honaker would be a fantastic district judge.

"He s intelligent, fair, ethical and hard-working, everything we want in a judge," Enzi said.

Honaker said criticisms of his legislative record perhaps were valid if he were seeking a federal legislative position, but not in the role a judge would play.

There is a difference between policy making and judging, he said, adding that the judge's role is to apply the law.

Priscilla Moree, state coordinator for the National Organization for Women, and Sharon Breitweiser, director of NARAL Wyoming, said Thursday they believe Honaker was treated fairly.

"His record is what it is," Moree said.

She was referring to "Human Life Protection Act" bills Honaker sponsored as a Democrat in the Wyoming House in 1991 and 1992.

Neither passed, nor did a proposed constitutional amendment with similar language to ban abortions except in limited cases.

Honaker pointed out the bill was similar to those introduced in many states at that time and had 20 co-sponsors, Republicans and Democrats, men and women.

Honaker later switched to the Republican Party.

Breitweiser said the opposition groups viewed the Wyoming anti-abortion proposals as an attempt to overturn the U.S. Supreme Court ruling in Roe vs. Wade.

Honaker, she said, received a hearing before the Senate Judiciary Committee and had an opportunity to answer questions.

Thousands of people all over the nation and in Wyoming, she said, wrote to the senators saying they did not want another "anti-choice" candidate to be a judge.

"It's a lifetime appointment," Breitweiser said.

President George W. Bush nominated Honaker to serve as one of three U.S. district judges for the District of Wyoming on March 19, 2007.

Honaker said he had no idea before now what federal nominees go through - being in limbo and waiting. "It's hard to plan your life," he said.

On the positive side, he said he had lots of support from Wyoming lawyers and judges.

"I've gone through every emotion," Honaker said. "My roots are in Wyoming. I was born and raised here and practiced law for 32 years here.

"I don't want my reputation or character to be damaged because I volunteered for public service, he added.

Contact Joan Barron at joan.barron@trib.com or by phone at 307-632-1244.

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