State appeals Judge Daniel Foley, a finalist for the past four vacancies on the Hawaii Supreme Court, will finally get to serve on a supreme court, but not in this country.

Foley will keep his state judgeship, but will be sworn in this week as a part-time justice on the Supreme Court of the Republic of Palau, a group of islands with a population of about 21,000 in the Western Pacific.

His appointment will be for life, but he will not be paid.

Foley, 65, who worked with Micronesian governments and Palau officials in the 1970s and 1980s, said he took the job because he was asked.

"I thought I could make a contribution and I care about the area," he said in an interview Thursday. "I’m impressed with what they’re doing."

The Hawaii Constitution bars state judges from practicing law or holding a federal or state job, but doesn’t mention a position in a foreign country.

Foley said his appointment was approved by Chief Justice Mark Recktenwald and the Commission on Judicial Conduct.

Hawaii judges serving overseas isn’t unprecedented.

The late Senior U.S. District Judge Samuel King served on the Marshall Islands’ highest court. Foley will be the first active state judge in the United States to serve on the Palau Supreme Court.

Chief Appeals Court Judge Craig Nakamura said the appeals court is happy and proud that one of its members has been picked for the part-time job.

"The appointment is a well-deserved honor for Judge Foley," Nakamura said. "He will be a tremendous addition to the Palau Supreme Court."

Foley worked in Micronesia for eight years before coming to Hawaii and serving as legal director of the American Civil Liberties Union in Hawaii from 1984 to 1987.

In private practice, he became known for representing three same-sex couples in a landmark case that led to a 1993 Hawaii Supreme Court ruling that opened the door for Hawaii to become the first state in the country to legalize same-sex marriages.

In 1998, a state constitutional amendment nullified the ruling.

Foley was named to the Intermediate Court of Appeals by then-Gov. Ben Cayetano in 2000.

He is the longest-serving of the six judges on the Intermediate Court of Appeals, the state’s second-highest court, which hears appeals in panels of three judges.

In recent years, his name was among the finalists sent by the Judicial Selection Commission to Govs. Linda Lingle and Neil Abercrombie for openings on the five-member state Supreme Court.

Not getting picked, Foley said, was not a factor in taking the Palau position. He said he would have accepted it even if he were on the high court.

In announcing Foley’s appointment last year, the Palau Supreme Court said Foley will replace justices who cannot hear cases because of conflicts of interest.

The Palau court said it is "confident" that Foley will be "an excellent addition to the court."

Foley’s workload, though, isn’t likely to be that heavy given that the Palau court has been handling an average of about 40 to 60 cases a year and he will be the third part-time justice.

Nakamura said Foley has always been hard-working and extremely productive and said Foley’s part-time job won’t affect the way the appeals court handles cases.

Foley said he will visit Palau perhaps once or twice a year while on vacation and work on the Palau cases on his own time here.

He leaves for Palau this week for the swearing-in ceremonies Friday.

Foley said it will be a nostalgic return to the islands, which once had only two low-rise hotels and one or two flights a week, but now is much more developed with high-class resorts and flights every day.

"Its beauty is striking," he said.

The government structure is similar to the United States with three branches, although its laws incorporate local traditions and customs.

"For them to ask me to come back and work again is very rewarding," Foley said.

He said he’ll serve on the state bench until he turns 70 because of the state Constitution’s mandatory retirement provision for judges.

"After that, we’ll see," he said. "That’s as far as I’ve thought ahead."

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Correction: A previous version of this story said Foley was executive director of the ACLU in Hawaii.