Kubo nominated as U.S. attorney for Hawai'i

By Walter Wright
Advertiser Staff Writer

The White House announced yesterday that President Bush has nominated career prosecutor Edward Hachiro Kubo Jr. to be the new U.S. attorney in Hawai'i.

Ed Kubo has served as an assistant U.S. attorney since 1990. Advertiser library photo • 1996

David Louie, president of the Hawai'i State Bar, said that "we would be more than happy to interview Mr. Kubo and evaluate him according to our criteria."

Inouye emphasized the bar association's reviews in the face of President Bush's rejection of ABA evaluations in March because Bush apparently was concerned that the ABA might impose philosophical or political tests.

But the ABA's role was renewed when Democrats took control of the Senate. Senate Judiciary Chairman Patrick Leahy, D-Vt., has promised to consider the bar's evaluations before commencing hearings on any individual nominee.

Kubo, 47, who was born in Honolulu, has the backing of Bush's campaign chairwoman in Hawai'i, state Rep. Barbara Marumoto, and was chosen over a former colleague, former assistant U.S. attorney Mark Bennett, who was supported by Hawai'i Republican Party Chairwoman Linda Lingle.

Marumoto, R-17th (Kahala, Wai'alae Iki), said yesterday that Kubo would be "excellent" in the job of U.S. attorney, the officer who essentially is the federal prosecutor for Hawai'i.

Kubo, who is not widely known outside Honolulu legal circles, served as an assistant U.S. attorney since 1990, handling a number of high-profile cases.

From 1980 to 1990, he was a deputy Honolulu city prosecuting attorney, except for two years as a senior associate trial attorney with the law firm of Carlsmith and Dwyer in Honolulu.

Kubo attended Pearl City Elementary, Highland Intermediate and Waipahu High schools, but was away for a couple of two-year stays in Germany with his family.

He graduated from the University of Hawai'i with a degree in political science, and then from the University of San Diego Law School, an institution operated by the Jesuit brothers.

He prosecuted bribery charges against massage parlors and was part of a task force involved in cockfighting raids and was on the homicide squad for then-Prosecutor Charles Marsland.

After joining the U.S. attorney's office under Dan Bent, Kubo handled a notorious murder case at Schofield Barracks, another case in which the Mann Act was cited to attack importation of young girls for prostitution, and the first case in Hawai'i involving a crystal methamphetamine laboratory.

Kubo's appointment depends on approval by Hawai'i's two Democratic senators, the Senate Judiciary Committee and the full Senate.

Sens. Inouye and Daniel Akaka are holding up the appointment of Honolulu attorney Richard Clifton to the 9th U.S. Circuit Court of Appeals because they say they disapprove of the way the White House chose him.

They resent not having been involved in the decision to nominate Clifton, who is the Hawai'i Republican Party's attorney.

Akaka was traveling to Washington yesterday and could not be reached for comment, but Inouye's statement about Kubo was guarded.

"I have been advised that the president intends to nominate Edward Hachiro Kubo Jr. to be United States attorney for the District of Hawai'i," Inouye said. "I am at the present time awaiting an endorsement from the Hawai'i State Bar Association and the American Bar Association. Upon receipt of these, I will look over the FBI report and will act accordingly."

State bar president Louie said nominees "voluntarily come before us and we interview them and rate them as highly qualified, qualified, or not qualified, according to criteria we have measuring integrity, temperament and legal ability."

He said he had not spoken to Kubo and could not predict the outcome of an evaluation, but added that he appreciated Inouye's confidence in the bar evaluation.

It would be the first time he could recall, Louie said, that the evaluation would be used for a nominee for U.S. attorney. The association routinely evaluates applicants for state and federal judgeships and for state attorney general.

The evaluation committee would consist of the association board of directors and officers. Louie said they would call a special meeting to meet with the nominee "as soon as he wants to do that."

Louie described the ABA as "very nonideological and professional in its evaluations" and said it "has supported nominees from both major parties."

Gannett News Service reporter Susan Roth contributed to this report.

Reach Walter Wright at wwright@honoluluadvertiser.com or 525-8054.