News Update for September 28

DOE Stimulus Spending

Senator Slom was interviewed by Hawaii News Now Jim Mendoza (photo above) on the subject of federal stimulus fund spending by the Department of Education (DOE). You can read and view the report at the following link:

Hawaii News Now – DOE Details Stimulus Spending

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Reapportionment Commission Votes on Final Redistricting

The Hawaii State Reapportionment Commission voted on the final redistricting plans yesterday at a meeting held at the State Capitol.

Now that the plans have been finalized the Commission will submit those plans to the the Chief Elections Officer. The Chief Elections officer will then have to publish the final plans by October 10, 2011. The Reapportionment Commission has to also file a report to the Hawaii State Legislature by December 29.

The redistricting maps were redrawn after the commission voted earlier this month to extract certain people residing in the state out of the population count for redistricting purposes, even though the U.S. Census Bureau includes them in the official count. We are talking mainly about military personnel, prisoners and college student populations.

Outspoken critics who opposed counting everyone continually forced the issue eventually getting the council to reconsider their original 8 to 1 vote to include the entire population and go with one of 3 population extraction plans (Extraction A). The opponents cited a 1992 state constitutional amendment as the basis for their opposition in hopes of getting a new Senate district for the Big Island. With extraction A, that did not happen.

Governor Neil Abercrombie weighed into the issue after sending a letter (9-12-2011) to the Reapportionment Commission stating “my strong support for drawing the lines on the basis of residency,” continuing that “the alternative of including non-residents in the count severely distorts the actual population shifts which have taken place across Hawaii over the past 10 years”.

Last month, the Honolulu Council Reapportionment Commission reached a decision to count all residents including military and dependents, students and prisoners residing in the State of Hawaii as it redrew lines for the Honolulu City Council districts.

Several individuals stated that the legislature needs to define what a “permanent resident” is in order to have clarity on the issue at the next reapportionment 10 years from now.

The possibility of a lawsuit on the residency issue looms in the near future.

The State’s proposed redistricting plans for congressional and legislative districts are available on the commission’s website at the following URL:

http://hawaii.gov/elections/reapportionment/

Copies are also available for public inspection at the main branch of the Hawaii State Public Library in downtown Honolulu, the City & County of Honolulu Clerk’s Office in Honolulu Hale, downtown Honolulu and the Kaimuki Public Library, 1041 Koko Head Ave.

The Oahu Apportionment Advisory Council will be holding another meeting public meeting at the State Capitol Room 312 on Thursday, September 29 starting at 1:00 p.m. The council will report on comments they got from various public meetings at neighborhood boards, community associations the the Reapportionment Commission itself. They will also discuss and take action or make recommendations on the Reapportionment Commission’s Final Report to the State Legislature.

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Special Session

Senate Confirms Karen Nakasone as New Circuit Court Judge

The Hawaii State Senate completed a two-day special session on September 1 and confirmed Karen Nakasone as the State’s newest judge to the First Circuit Court of Hawaii.

The Senate Judiciary and Labor Committee one of 14 that I am the minority member of, held a hearing for Ms. Nakasone’s confirmation on Monday, August 29. The testimony was highly favorable and her nomination unanimously passed out of committee on August 31 after the special session was gaveled into order. The full senate completed the process on September 1 with a 22 – 0 vote, 3 being absent. I was among the Senators who voted in her favor.

Governor Abercrombie nominated Karen Nakasone to the First Circuit Court on August 15. Since 1996 until her appointment, Ms. Nakasone was a Public Defender for the City & County of Honolulu. Prior to serving in the Office of the Public Defender, she served as a law clerk to the Judge Simeon Acoba, Jr. in the Intermediate Court of Appeals.  She earned her law degree from Boston University School of Law, and holds a B.A. in Political Science from Bryn Mawr College.

Sabrina McKenna Confirmed as Hawaii Supreme Court Judge

By State Senator Sam Slom

The Hawaii State Senate confirmed Family Court Judge Sabrina McKenna to the Hawaii State Supreme Court as its newest justice. Judge McKenna’s confirmation was unanimously ap-proved by a 23—0 vote on the Senate floor yesterday (February 16) with 2 Senators absent (excused). I supported her.

McKenna has up to now been Deputy Chief Judge in the Family Court of the First Circuit since 2009 and has previously served in various capacities in the First Circuit since 1995. She has presided over more than 150 jury trials, many more bench trials and countless settlement confer-ences and motions.

She has also served in District Court, been an assistant professor at the William S. Richardson School of Law at the University of Hawaii, and instructor at the University of Ha-waii College of Business. She is the first Hawaii Supreme Court Justice to be a graduate from the William S. Richard-son School of Law.

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From the Waialae-Kahala Neighborhood Report, Feb. 17, 2011.

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.

In Support of Justice Recktenwald

By State Senator Sam Slom
Senate floor speech in support of the nominee on September 2:

Senator Slom

“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 Perreira and his cameraman; Sen. Brickwood Galuteria and Sen. Sam Slom.

Senator Hemmings in Support of Judge Katherine Leonard

August 12, 2010

To Whom It May Concern:

Please find enclosed a copy of my plea to the Hawaii State Senate supporting the nomination of Katherine Leonard for Hawaii’s Supreme Court Chief Justice. I would like you to have these remarks so that you will think about what I consider to be two serious problems with “Advise & Consent” and the passage of legislation.

1. Good people testify at hearings and their opinions are noted in the public record. Testifiers are subject to questioning at hearings. It is unconscionable that some senators freely admit that they take advice and base their votes on legislation from “off the record” or anonymous sources. This practice dramatically affects Advise and Consent and legislation because there is no recourse for open or free debate. We cannot afford to have a government where decision making is made anonymously or “off the record” and is often based on errant information that goes unchallenged behind the dark veil of anonymity.

2. Judicial activism is the other large problem. I respect Senator Hee’s open and honest dissertation on how judicial activism overcomes errant law; however, I disagree with Senator Hee’s logic. Brown vs Board of Education ruled that those laws being questioned and the deeds of Southern Democrat segregationists such as Faubus, Maddox, Wallace and others were unconstitutional. There is a huge difference between enforcing the Constitution and thereby nullifying errant law and instituting new law by judicial action based on a judge’s personal beliefs at any given time. The Court should first and foremost uphold the Constitution.

These two issues—anonymous decision making without checks and balances and judicial activism—are problems at the state and national level. I’m sending you my presentation because I feel that it is one of the most important pleas I have made during my tenure in the Senate. I hope that you will utilize the concepts in this speech to educate the people of Hawaii as to why we need a vibrant two party system and honest decision-making.

Aloha,
Senator Fred Hemmings
State of Hawai‘i

Download PDF
Senator Hemmings Floor Speech Katherine Leonard