Deal May Pave Way for Judge’s Son to Join Court

A mother’s promise to step partially aside has cleared the way for consideration of her son’s appointment to the same federal court on which she currently serves, officials said Tuesday.

William A. Fletcher, a well-respected UC Berkeley law professor, was nominated by President Clinton last year for a position on the U.S. 9th Circuit Court of Appeals. An American Bar Assn. screening committee said Fletcher was “very well qualified” for the appointment.

But Sen. Orrin Hatch (R-Utah), chairman of the Senate Judiciary Committee, invoked an obscure anti-nepotism law to block the nomination.

Hatch contended that the 1887 statute--never before used to block a judicial appointment--prohibits the 50-year-old appointee from serving on the court at the same time as his mother, Betty B. Fletcher, who is considered one of the 9th Circuit’s most liberal judges.

White House lawyer Walter Dellinger maintained that the statute was designed to prevent judges from securing jobs for relatives, not to prohibit relatives from serving on the bench.

But Hatch said he thought the statute was clearly applicable to the Fletchers, and said the issue “really bothers me.”

Fletcher’s prospects appeared bleak until Tuesday, when the committee received a commitment from Betty Fletcher that she would accept senior status if her son’s nomination is approved.

Under senior status, she would have a reduced workload. Perhaps just as important from Hatch’s point of view, a new vacancy would be created on the bench that could be filled after the November presidential election, which could be won by the Republican nominee.

Jeanne Lopatto, the Judiciary Committee secretary, said Tuesday that Betty Fletcher’s commitment appears to have satisfied Hatch’s concerns about nepotism, and his committee now is ready to act on the nomination.