[Congressional Record Volume 146, Number 25 (Wednesday, March 8, 2000)]
[Senate]
[Page S1307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NOMINATION OF JAMES DUFFY TO THE NINTH CIRCUIT COURT OF APPEALS

  Mr. INOUYE. Mr. President, I am fully aware that this is a busy year, 
the year we elect a new President. I also realize that one-third of our 
colleagues will be up for reelection or will be involved in the 
election for the seat from which they are retiring. As a result, all of 
us are striving to close this shop as soon as possible and go home. 
However, we do have important unfinished business with the Judiciary.
  The Judiciary is the critical third branch of our government. Just as 
it is important that we hold an election this year, it is important 
that we fill the vacancies in our court system. I can not speak of 
vacancies in other districts or other circuits, but I believe I can 
speak of vacancies in the Ninth Circuit. Hawaii is part of the Ninth 
Circuit. Since the retirement of Judge Choy in 1984, Hawaii has not 
been represented on that bench by a full-time Circuit Judge. The law of 
the United States requires that at least one member of the bench of 
each state be represented on the Circuit Court, that there be a judge 
from Hawaii on the Ninth Circuit.
  The Hawaii delegation has submitted the name of James Duffy. I have 
no idea whether Mr. Duffy is a Democrat or Republican. I have not asked 
him. However, his reputation as a skilled lawyer is well-established in 
our islands. Mr. Duffy was born and raised in Saint Paul, Minnesota. He 
earned a Bachelor of Arts degree from the College of Saint Thomas and 
earned his Juris Doctorate from Marquette University Law School in 1968 
where he served on the Board of Editors of the Law Review. Upon 
graduation, he came to Hawaii to begin his career. He has spent his 
legal career in private litigation practice, doing both plaintiff and 
defense representation, for more than 31 years. He has served the 
Circuit Courts of the State of Hawaii as a court-appointed Special 
Master in Probate, Guardianship, and Family Court Proceedings, as a 
Special Master for Discovery Rulings in civil cases, and as a Mediator. 
Mr. Duffy has also served in leadership roles in legal organizations, 
educational organizations, and even as a judge in the Hawaii High 
School Rodeo Association. In his spare time, he and his wife, Jeanne, 
breed and sell quarter horses and Brahma cattle. Mr. Duffy is a vital 
part of the Hawaii legal and civic community.
  Jim Duffy was nominated by the President for a position on the Ninth 
Circuit Court of Appeals on June 17, 1999. I have been advised that the 
American Bar Association has finished reviewing his credentials. Mr. 
Duffy was unanimously given the ABA's highest grade of ``well-
qualified.'' The Board of Directors of the Hawaii State Bar Association 
also unanimously reported that Mr. Duffy was well-qualified. In fact, 
in a letter to the Chairperson of the ABA's Standing Committee on the 
Federal Judiciary, the HSBA President wrote, ``[f]or what it's worth, 
my Board expressed dismay that there wasn't a category called `the very 
best.' We consider Jim to be the best of the best.''
  Both Democrats and Republicans in my state, regard Jim Duffy as one 
of Hawaii's best lawyers. I do hope the Judiciary Committee will give 
Mr. Duffy a hearing and expedite the consideration of his nomination. 
This will provide its members the opportunity to meet him and review 
his credentials and skills. I am convinced the members will be 
impressed by him. I am equally convinced that Mr. Duffy will be a good 
judge.

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