A better nomination.

Byline: The Register-Guard

At least this much can be said of President Bush's choice of Michael Chertoff to head the Department of Homeland Security: The federal appeals court judge is certain to be a better nominee than Bernard Kerik.

Kerik, Bush's first choice, withdrew his nomination citing immigration violations involving a family housekeeper. As it turned out, Kerik's problems ran far deeper, and included a full and juicy buffet of personal and business scandals.

In contrast, Chertoff is a good bet for confirmation. A federal judge known for his keen intellect and tenacity, his five-star resume also includes stints as chief of the Justice Department's criminal division and federal prosecutor.

Chertoff is an infinitely superior choice than Kerik, whose nomination must have been made when the White House vetting staff was off at a bowling tournament in Akron. But lawmakers should question the judge closely on several important matters before voting to confirm.

While at the Justice Department, Chertoff was instrumental in crafting the USA Patriot Act that has undermined civil liberties and eroded traditional safeguards such as judicial review, congressional oversight and media access. He played a key role in revising justice guidelines that have made it easier for federal investigators to monitor political and religious gatherings. Chertoff also supported the prolonged detentions of more than 700 illegal immigrants, most of Middle Eastern backgrounds who had no connections to terrorism.

That troubling civil liberties record, however, is offset by Chertoff's encouraging willingness to distance himself from administration policies. For example, he has publicly opposed the use of military tribunals to try suspected terrorists and the open-ended detention of enemy combatants at Guantanamo Bay.

Perhaps the most serious concern surrounding Chertoff, however, is his lack of administrative experience. It remains to be seen if he has the experience, skills - and patience - necessary to managing a massive, unruly new federal bureaucracy that incorporates 22 federal agencies ranging from the U.S. Secret Service to the Coast Guard.

The next secretary of homeland security will take over a department that has been plagued by epic turf battles, high employee turnover, low morale and daunting, often conflicting, missions. If confirmed, Chertoff will have to find a way to prioritize spending based on national security rather than congressional seniority, as is currently the case. He will have to tackle a long list of uncompleted jobs ranging from dramatically upgrading protection of the nation's seaports to consolidating disparate and often inaccurate terrorist watch lists compiled by separate intelligence agencies.

Just as importantly, the next homeland security chief must find a way to communicate in a straightforward, apolitical manner with Americans about the very real threat of terrorism - and must do so without resorting to the color-coded, dour-faced nonsense that cost previous Homeland Security Secretary Tom Ridge and his department dearly in credibility.

A brilliant, hard-nosed jurist with an extraordinary resume, Chertoff may well be the right person for the job. But first he has some important questions to answer.