Posted on: Friday, December 6, 2002
Top legal job may go to GOP counsel
By Gordon Y.K. Pang and Lynda Arakawa
Advertiser Capitol Bureau
Honolulu lawyer Mark Bennett, the Hawai'i Republican Party's attorney and a partner in a high-powered Honolulu law firm, is considered the leading candidate to be Gov. Linda Lingle's attorney general.
Lingle could not be reached yesterday, but Bob Awana, her chief of staff, last night said Bennett was one of the candidates for the attorney general's post. Awana said he expected Lingle to make an announcement early next week on that appointment as well as several others.
Bennett would not comment yesterday.
But if he is appointed and confirmed by the Senate, Bennett would hold one of the state's most powerful positions as Hawai'i's top legal officer. He would also hold a trusted post that traditionally is close to the governor.
Under state law, the attorney general is fifth in the line of succession behind the governor, lieutenant governor, Senate president and House speaker. Former Gov. Ben Cayetano even designated Earl Anzai, his attorney general, as acting governor when both he and former Lt. Gov. Mazie Hirono were out of town.
Bennett, 49, a former law clerk to senior federal Judge Sam King, was an assistant U.S. attorney for 10 years until 1990 when he joined the law firm of McCorriston Miller Mukai MacKinnon. He also has taught at the University of Hawai'i law school. In February, he was named Republican counsel, succeeding Richard Clifton, who was appointed to the 9th U.S. Circuit Court of Appeals.
Bennett's specialties at the McCorriston firm include civil litigation, antitrust, environmental law, white-collar criminal defense and medical malpractice.
He has also represented a variety of clients, from tobacco company Philip Morris Inc., to Cindy McMillan, a former employee of convicted Honolulu Councilman Andy Mirikitani and one of the key witnesses in Mirikitani's corruption case.
For many years, he represented the state Employee Retirement System.
He also represents former Honolulu police detective Kenneth Kamakana, who filed a federal lawsuit in 2000 against the department alleging corruption in the Criminal Intelligence Unit.
As a public service, Bennett handled the prosecution of James L.W. Kane III, who was convicted of murder in the 1997 shooting of Larry Red Eagle. Bennett was a private attorney but said he prosecuted the case as a special deputy attorney general and worked for free.
Bennett also filed a federal lawsuit on behalf of himself and others arguing against the Hawai'i Supreme Court's ruling that a 1996 ballot proposal for a constitutional convention failed because blank votes counted as "no" votes. U.S. District Judge David Ezra ordered a new election, but the 9th U.S. Circuit Court of Appeals later upheld the state Supreme Court's ruling.
Last year, Bennett was one of the finalists to become U.S. attorney but lost out to Ed Kubo, who was appointed to the federal position by President Bush.
Bennett, born in Brooklyn, N.Y., received his bachelor of arts degree from Union College and his juris doctorate degree from Cornell University Law School.
McCorriston Miller Mukai MacKinnon is among the most politically connected law firms in the state. William McCorriston has represented Bishop Estate trustees, Mayor Jeremy Harris and other powerful clients.
Partner Lorraine Akiba is chairwoman of the Hawai'i Democratic Party. Former Supreme Court Justice Robert Klein co-chaired Councilman Duke Bainum's one-time bid for the mayor's seat and has represented the Office of Hawaiian Affairs, former state Rep. Nathan Suzuki and Harris.
Darolyn Lendio, formerly Harris' corporation counsel, was appointed by the mayor to be on the Honolulu Police Commission and the City Charter Commission.
Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com and Lynda Arakawa at larakawa@honoluluadvertiser.com. They can also be reached at 525-8070.
