Fairbanks said Rodrigues decided on his own to step down and the commission did not force him to do so.

Rodrigues, 59, one of the state's most powerful labor leaders, and his daughter, Robin Haunani Rodrigues Sabatini, 36, were indicted by a federal grand jury last week on charges of mail fraud and money-laundering. They are accused of taking at least $200,000 by overcharging them for dental and health benefits.

Rodrigues was appointed in 1997 to a six-year term as one of nine members of the Judicial Selection Commission, which submits lists of names to the governor and chief justice, who must make appointments to the state bench from the names. The commission is also the sole authority on whether the judges and justices are retained for succeeding terms.

Republican Senate and House members have been calling for Rodrigues to temporarily resign, but Rodrigues' memo dated Monday said he would not participate in the commission's decisions "effective immediately" while a federal criminal defendant.

"I have avoided conflicts, even though I was not in conflict pursuance to the law," Rodrigues wrote. "Therefore, my decision is based on my belief that the system for selection of judges and the retention of judges is a serious responsibility and must be protected from attacks from anyone, especially the politicians who have never placed their country above their personal safety. I appreciate your statements that I voluntarily avoided conflicts as a commissioner, and that I have been a model commissioner."

Fairbanks said, "It was a decision he made and a courageous one to make."

Fairbanks said Rodrigues had "studiously" avoided conflicts of interest.

The chairman said commission rules do not address Rodrigues' case, but added commission members were to discuss the situation before screening judicial candidates or deciding whether any judge should be retained for succeeding terms.

Fairbanks said the panel can continue to make selections with eight members, although there are no current judicial vacancies that the commission must consider.

The commission had earlier submitted a list of candidates to Gov. Ben Cayetano to replace departing circuit court judge Kevin Chang.

"We need a quorum of at least five, so we can function with eight," Fairbanks said. "This will not affect our work, but we will miss Gary's insights and contribution to the meetings."

Apparently unaware that Rodrigues had stepped down, House and Senate Republicans yesterday planned to introduce resolutions urging the commission and governor to ask Rodrigues to step down until his case is resolved.

"It just seems inappropriate to us that a person who is before the federal courts in a trial situation would be selecting state court judges at the same time," said House Minority Leader Galen Fox, R-21st (Waikiki, Ala Wai).