Hilo judge loses bid to stay on for second term
By Christie Wilson
Advertiser Neighbor Island Editor
Hilo Circuit Court Judge Riki May Amano, who presided over the Dana Ireland rape and murder trials and several other high-profile cases, said yesterday she will retire April 11 after failing to win the approval of the Judicial Selection Commission to continue on the bench.
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Amano, 50, was one of four judges up for retention before the commission last week. "I was informed that the Judicial Selection Commission voted not to retain me, therefore, I withdrew my request for retention," Amano said in a written statement.
Circuit Court Judge Riki May Amano said she had no plans for the immediate future, other than spending time with her family.
Commission Chairwoman Amy Agbayani yesterday confirmed that Amano withdrew her request for a second 10-year term, but she declined to say whether the panel had taken a vote on Amano. She said the commission's proceedings are confidential.
Three judges who were granted retention last week are Honolulu Circuit Court Judges Michael Town and Eden Elizabeth Hifo, and Maui District Court Judge Rhonda Loo, according to judiciary spokeswoman Marsha Kitagawa.
Concerns over Amano's judicial temperament may have played a role in the commission's action, said Honolulu attorney Douglas Crosier, president of the Hawai'i State Bar Association.
The commission seeks comment from the head of the HSBA, among others, in evaluating judges. For the recent round of judicial retentions, Crosier for the first time in the organization's history sent a mass e-mailing to attorneys across the state seeking comment, instead of getting input from just a handful of associates.
He received dozens of responses about Amano and said the comments ran 4-to-1 in her favor. In reviewing the positive and negative responses, Crosier said he looked for familiar themes and found that those who supported Amano praised her strong work ethic. "There was little question about her industriousness," Crosier said.
But there also were complaints about her "poor" judicial temperament and how she handles herself in court, he said.
"There were concerns she would allow her feelings about a particular case or attorney or other parties to be known through her expressions, conduct or words," he said.
"The hallmark of a judge is neutrality. It's a very important aspect of a judge's performance. A judge can make or break a case by their conduct, and apparently that weighed heavily" in the commission's decision, he said.
Waimea attorney Ira Leitel called Amano one of the best judges in Hawai'i and said he was shocked to hear that she would be leaving. As far as her courtroom demeanor, he said: "She's a strong woman, and frankly that's what you need sometimes."
Hilo attorney Brian DeLima said some civil attorneys may have been frustrated that their cases didn't move along as quickly as they would've liked, and were sometimes pushed back because of criminal cases.
"Neighbor Island judges have a mix of calendars — criminal, civil, family, probate — so they handle a large caseload," he said. "I think she moved the caseload along. She held settlement conferences on weekends and nights, and when she was in trial, she would have conferences during lunch hour.
"I don't think it was due to any lack of effort on her part. She worked really hard and she was fair. She had the moral courage to make tough decisions. That's what you would want for a judge."
Commission on the Status of Women Executive Director Allicyn Tasaka said she wrote a letter in support of Amano, saying she worked closely with the judge in setting up a conference on issues surrounding women offenders. "Getting to know her outside the courtroom, she impressed me immensely with her commitment," Tasaka said.
Amano, a graduate of the University of Hawai'i's William S. Richardson School of Law, is the first full-time female judge appointed to the Big Island courts. She presided over the 1999 and 2000 trials of Frank Pauline Jr. and Albert Ian Schweitzer for the 1991 kidnapping, murder and rape of Dana Ireland.
In a 2000 nonjury trial, Amano slapped the state with a $3.3 million verdict in a civil case in which a man who ran his car off the treacherous Kea'au-Pahoa highway in 1988 sued because of road safety concerns. It is believed to be the largest award for a traffic accident case in Hawai'i history.
She also was the judge in a jury trial over a promotions-rigging scandal at the Hawai'i County Police Department that resulted in a $4 million judgment against the county.
She is one of three Circuit Court judges on the Big Island. With state Senate approval needed for Circuit Court judicial appointees, it is likely her position will remain vacant until next year's legislative session, Agbayani said. There is not enough time to solicit candidates, review applications and take comments before the current session ends, she said.
In her statement, Amano said she had no plans for the immediate future, other than spending time with her family. She did not return phone calls seeking additional comment.
