State Senate Confirms Recktenwald as Hawaii's New Chief Justice

Story from State Senator Sam Slom's Kuliouou NHB Report #2 - Sept. 2, 2010 The State Senate confirmed Mark E. Recktenwald as Hawaii's newest Chief Justice to the Hawaii State Supreme Court on September 2. He succeeds Ronald Moon who retires this month upon reaching the mandatory retirement age of 70.

The full Senate also confirmed Blaine J. Kobayashi to the District Court of the Second Circuit for the County of Maui.

Both nominees appeared before the Senate Judiciary and Government Operations (JGO) committee on August 25 of which I am a member. The JGO committee voted unanimously to advise and consent to Recktenwald's confirmation on Sept. 1.

The full Senate approved his confirmation by a 22-0 vote at today's special session.

You can download Senator Slom's September 2 edition of the Kuliouou Neighborhood Board #2 report which contains the rest of the story above and more news items. Click here to download.

"What could we ask of Mark Recktenwald that has not been asked in previous hearings? What could he tell us that he would do that he hasn't done; first, in the U.S. Attorney's office, then as the head of the struggling Department of Commerce and Consumer Affairs, next on to the Intermediate Court of Appeals, and now currently on the Supreme Court of the State of Hawai'i.

"You can look at the measure of a man from his educational background, and it's superior; from his experience, and it's superior; from his writing ability, and it's superior. But more importantly than all of that is his relationship with other individuals; and as was said by the Judiciary Chairman, he had unanimous support for this position. And among those that came to testify were people that had come up against him or who he had ruled against in a court of law, but they still have respect for this man because of his fairness, because of his equality. And so, you've had individuals that have known him from the legal profession, the business profession, and also from the community, where he is a leader, he is a volunteer. He's outstanding.

"I think that the nomination of Judge Recktenwald at this time represents the right man at the right time for the right job. We know that he will not disappoint us. We know that he will do exactly what he has said he will do because we have a long and distinguished career track record to view that by. I think that we can safely say that Judge Recktenwald as Chief Justice will be a beacon for true judicial reform in the State of Hawai'i. And as he also stated, his passion is for expansion of alternative dispute resolution, something that will touch everyone in the community, will make justice access more easily accessible to more people, and to bring more fairness and equity to our state.

"So, I wholeheartedly endorse the confirmation of Mr. Recktenwald, and urge my colleagues to give unanimous support. And, as a special favor to the good senator from Kahuluu, Madam President, I will not ask for or seek a Roll Call vote. Thank you."

Second Senate Special Session set for Chief Justice Confirmation

By Senator Sam Slom
From the Hawaii Kai NHB #1 Report, August 31, 2010.

The State Senate is meeting in special session this week for the confirmation of two judicial nominees. Senate floor sessions will be called to order on September 1 and 2 to take care of the nominations of Justice Mark E. Recktenwald to the Chief Justice position in the Hawaii State Supreme Court and the confirmation of Blaine J. Kobayashi to the District Court of the Second Circuit for the County of Maui.

Both nominees appeared before the Senate Judiciary and Government Operations (JGO) committee on August 25 of which I am a member. The committee heard about 2 hours worth of testimony, most in support of the nominees. It is expected that the JGO committee will vote to advise and consent on the nominees, after which they should pass a confirmation vote before the full Senate on September 2.

Mark Recktenwald will become Hawaii's 5th Chief Justice, succeeding Chief Justice Ronald Moon who will resign by September 4 due to the mandatory age limit statute that applies to all Hawaii State judges.

Recktenwald is a current associate justice on the Hawaii State Supreme Court after being named to the position last May. He previously served in the Hawaii State Intermediate Court of Appeals and was Director of the State Department of Commerce and Consumer Affairs from 2003 to 2007.

Recktenwald is the 2nd person to be nominated by Governor Lingle to the Chief Justice position after the her initial nominee, Judge Katherine Leonard was turned down by the State Senate after going through the lengthy process and facing her critics.

District court nominee Blaine J. Kobayashi is a partner in the Carlsmith Ball LLP firm in Maui County. He previously served as Deputy Corporation Counsel for Maui County, Deputy County Attorney for Kauai County and Deputy Prosecuting Attorney, also for the County of Kauai.

The Senate floor sessions will be held in the Capitol Auditorium instead of the Senate Chamber which have been taken over since July by the Office of Elections for election tallying this fall. The September 1 session will be held at 10:00 am followed by a JGO committee hearing for decision making in Room 229 at 11:00 am the same day.

On September 2, the Senate is to meet again for the 11:00 am special session where the confirmation vote is to be taken.

Photo: Associate Justice Mark Recktenwald (left) appears before the Senate JGO committee on August 25. Also shown are KHON TV reporter Andrew Gomes and his cameraman; Sen. Brickwood Galuteria and Sen. Sam Slom.

Read this article and more in Senator Slom's Hawaii Kai Neighborhood Board #1 Report for August 31, 2010.

Hawaii Kai Neighborhood Report

Senator Slom's Hawaii Kai Neighborhood Report from July 26, 2010 is available for download as a PDF.

State will get new judges

Governor Linda Lingle will be nominating a new Chief Justice to the Hawaii State Supreme Court and has nominated three candidates to fill vacancies in the First Circuit Court of Oahu.

The State Judicial Selection Commission has recommended the following candidates for Chief Justice and their current positions: Bert I. Ayabe (Circuit Judge); Daniel R. Foley (Assoc. Judge, Int. Court of Appeals); Katherine G. Leonard (Assoc. Judge, Int. Court of Appeals); Craig H. Nakamura (Chief Judge, Int. Court of Appeals); Richard W. Pollack (Circuit Court Judge); Mark E. Recktenwald (Associate Justice, Hawaii Supreme Court).

Governor Lingle nominated three individuals to serve as Circuit Court judges... Read more