Judiciary cites Lingle gaffe on work comp

By David Waite and Lynda Arakawa
Advertiser Staff Writers

In his annual State of the Judiciary address to legislators yesterday, Hawai'i Supreme Court Chief Justice Ronald Moon said he is concerned about public misconceptions about the court system and used a gaffe made Tuesday by Gov. Linda Lingle to illustrate his point.

Chief Justice Ronald Moon says it's a challenge to correct misconceptions about the state judiciary. Seated behind him: Gov. Linda Lingle, Lt. Gov. James "Duke" Aiona, House Speaker Calvin Say and Senate President Robert Bunda. Richard Ambo • The Honolulu Advertiser

"This is exactly the kind of nonsense that has caused so many businesses to steer clear of Hawai'i," Lingle told state House and Senate members.

In his own speech yesterday to the lawmakers and with Lingle sitting directly behind him, Moon said whoever supplied the governor with information about the high court's ruling "was totally wrong."

Ironically, Moon is the lone justice with a Republican background on the state's highest court and Lingle is the first Republican in 40 years to have been elected as Hawai'i's governor.

Moon said the erroneous anecdote may have undermined efforts by the Legislature to strengthen Hawai'i's workers' compensation law and the high court's interpretation of the law, but said he realizes that was never Lingle's intent.

Lingle's office issued a press release before Moon gave his speech saying the worker had been fired for insubordination, not stealing.

"In fact, the Court has allowed the claims of a worker fired for insubordination and a worker disciplined for violating a rule," Lingle said.

She said she apologized to Moon and the court system for the error.

"I have tremendous respect for the Court, its Justices and the work they perform on behalf of the people of Hawaii. In my opinion, the workers compensation system was never intended to cover situations like these, or any personnel actions taken in good faith by the employer," Lingle said in the press release.

Moon, meanwhile, told legislators that the state's judiciary system is sound but faces a challenge to make sure the public has a positive view of the justice system.

"Judging from the results of numerous public opinion polls and surveys, the perception of much of the public seems to be that the justice system is broken," Moon said in the Senate chambers. "I want to assure you that it is not. However, I recognize that reality is what the public thinks is real. And, oftentimes, the public thinks that the justice system could be fixed if judges would just do what the people want."

Moon said that in addition to remaining independent and making decisions based on facts of the case and the law, all branches of government should work together to address "popular misconceptions of the court."

Moon mentioned various ways the court system is working to address such misconceptions, including efforts with juvenile detainees, "drug court" and public educational programs.

He said that over the past five years, the judiciary has achieved great success with its drug court program, which gives nonviolent offenders a chance to avoid jail by participating in strictly supervised substance abuse treatment. After looking at the positive results of the O'ahu's drug court program, the judiciary has established adult drug court programs on Maui and the Big Island and efforts are under way to start a program on Kaua'i, the chief justice said.

Moon also noted that the Hawai'i Juvenile Drug Court program held its first commencement ceremony for eight juvenile offenders in September.

He also said that because of an increase in cases involving defendants who suffer from mental illness, the judiciary is seeking a federal grant to establish a mental health court in Hawai'i.