BEN NEARY Associated Press writer | Posted: Tuesday, March 20, 2007 12:00 am
CHEYENNE - Anti-abortion groups in Wyoming say they welcome the White House's nomination of Rock Springs lawyer and former anti-abortion legislator Richard Honaker to serve as federal judge. But pro-abortion activists say they're concerned about his record.
Sen. Craig Thomas, R-Wyo., on Monday announced that the Honaker, 56, had been nominated to take over a federal judgeship being vacated by U.S. Judge Clarence Brimmer's move to senior status.
As a state representative in the early 1990s, Honaker had sponsored legislation called the "Human Life Protection Act" that ultimately failed.
Had Honaker's legislation become law, it would have outlawed abortions in Wyoming except in cases where a mother's health was in jeopardy, or in cases of rape or incest. In the latter two instances, a woman seeking an abortion would have had to report the crime within five days after she was able to.
On Monday, Honaker emphasized that if he's confirmed as a judge by the U.S. Senate, he intends to approach every case that comes before him with an open mind. He said he'll decide every case based on the rule of law and the U.S. Constitution, not according to his personal philosophy.
Honaker said his role as a judge would be far different from the role of a legislator charged with taking positions on public policy questions.
Steven Ertelt, president of Right to Life of Wyoming, said Tuesday that he'd reviewed Honaker's record as a lawmaker and supports his nomination to the federal court.
"Richard Honaker is somebody who has certainly taken a stand in supporting legal protections for the right to life," Ertelt said. "And as a result, he would understand that the Constitution shouldn't be a document to be used as an advocacy tool to promote abortion, and we would think he's the right kind of judge for any judicial spot."
John Birbari of Lander, president of the Wyoming Family Coalition, said Tuesday his group also strongly supports Honaker's nomination. And he said he believes Honaker shouldn't be judged only his stand on the abortion legislation.
"I think there's a lot more to Richard Honaker than that," Birbari said. "After all, that was 15 or 16 years ago. I think he's a very honorable man who will make an excellent federal judge, and I'm delighted with his appointment."
Birbari said Honaker's position on abortion is in step with the majority of residents in the state. "After all, we have two U.S. senators and a representative in Congress who are all pro-life people."
After the defeat of Honaker's legislation in 1992, he went on to represent a group called the Unseen Hands of Prayer Circle PAC, which tried to push the legislation through the citizen initiative process. The Wyoming Supreme Court ruled in favor of allowing the voters to decide the matter, and the measure was defeated at the polls in 1994.
Robert Penney, a retired Casper oilman, served as chairman of the "No on 1 Campaign" that fought the initiative effort. He said Tuesday that he doesn't know Honaker except through his public actions.
However, Penney said, "It's sort of discouraging to see the indefatigable action of this group. They seem to be working their way right on up. I'm pro-choice, and so is my wife, and these people are not."
Honaker, a Harvard graduate who received his law degree from UW, is former president of the Wyoming State Bar, former state public defender and has served on several committees appointed by the state supreme court.
But while Penney said Honaker has an impressive resume, Penney said there's no reason to believe that Honaker will change his bedrock beliefs if confirmed as a federal judge.
"In the position he's going to be in, despite his protests, he will rule as he has lived," Penney said. "It's hard to turn away from the methods he has used before."
Sen. Charles Scott, R-Casper, is one of the few active legislators who served in the early 1990s when Honaker was in the House.
"As far as I know, he meets the first test," Scott said Tuesday of Honaker. "He's perfectly honest, and a good decent citizen. And obviously in a judge, that's about the first question you've got to ask. He's plenty smart enough, and well-educated."
Both Scott and Honaker hold degrees from Harvard. Scott also noted that Honaker changed his party affiliation from Democrat to Republican in the early 1990s.
"I think he has gradually, as he's gotten older, he's become more conservative - not particularly unusual," Scott said. "He was, as I remember, a bit on the right-to-life side, whenever we had those issues. That might be important in the confirmation process, if they choose to politicize things."
Whatever happens on Honaker's confirmation in the U.S. Senate, Scott said he hopes there's quick action on his nomination. Scott said that lawyers generally can't take on new work while nominations are pending because they would have to drop cases if they're confirmed.