Senate committee approves court nominee
By Lynda Arakawa
Advertiser Capitol Bureau
Gov. Linda Lingle's nomination of Honolulu attorney James E. Duffy, Jr. to the Hawai'i Supreme Court easily cleared a key Senate committee yesterday and is headed for a confirmation vote on the Senate floor.
Advertiser library photo • April 15, 2003
The Senate Judiciary and Hawaiian Affairs Committee unanimously approved Lingle's appointment of Duffy to a 10-year term after receiving supportive testimony from dozens of lawyers and others.
"I do not believe in legislating from the bench," James E. Duffy, Jr. said.
The committee also endorsed the nomination of District Court Judge Rhonda Nishimura to the Honolulu Circuit Court. Nishimura also received overwhelming testimony in support of her appointment.
If confirmed, Duffy, 60, will fill the vacancy on the high court created by the December retirement of Justice Mario Ramil. Lingle chose Duffy from a list of six nominees from the Judicial Selection Commission.
Duffy told the committee that if confirmed he will not come to the bench with any legal agenda or philosophy. His comments were in keeping with Lingle's belief that the high court should interpret law rather than create it.
"I think the cornerstone of our Democratic form of government is the separation of powers," he said. "I do not believe in legislating from the bench."
Days before appointing Duffy, Lingle criticized the state Supreme Court, saying lawyers have expressed concerns about a backlog of cases, inconsistent rulings, and a lack of collegiality among justices.
Yesterday Duffy told the committee his role in the court is "primarily concerned with the timely disposition of cases" and that he will do his part to address the backlog.
As for the issue of collegiality, Duffy said: "I want to say on the record that I know, like and respect each of the judges individually, and will do everything I can do to aid in resolution to any problems that there may be."
Douglas Crozier, president of the Hawaii State Bar Association, said an overwhelming number of people have contacted the association supporting Duffy. He said the association found Duffy to be "highly qualified" — the highest of three ratings — to be an associate justice.
Attorney James Leavitt said while the other five nominees submitted by the Judicial Selection Commission were excellent, Duffy was the clear choice for the Supreme Court position.
