Posted on: Sunday, March 30, 2003

EDITORIAL
'Sunshine' welcome on appointing judges

The once highly secretive process of choosing judges for Hawai'i's courts took another useful step toward openness last week with Gov. Linda Lingle's decision to release the list of names of those nominated for appointment to the Hawai'i Supreme Court.

Lingle's move indicates a commitment to government openness and offers the public a clearer look at the process that produces these important public servants.

At one time, the process of choosing judges was almost entirely private, and — equally important — often highly political. The governor (or in the case of district judges the chief justice) would consult with whomever he chose and then simply announce his choice. The only review came through the Senate confirmation process.

A "merit" system was created following the 1978 Constitutional Convention, in which a lay-bar selection committee would review applicants and send names on to the appointing authority. That committee operates largely in secret, and the degree of disclosure of the list was up to the governor or chief justice.

Former Gov. Ben Cayetano, for instance, would publish the list of nominees after he had made his selection.

Lingle's decision opens the process even more.

Presumably, both lawyers and the general public will have a chance to make their thoughts known on the six nominees before Lingle makes her choice. That will serve the process well.

Our hope is that there will be a full, open and dignified discussion on the merits of the nominees.

The six names disclosed are all well-respected lawyers or judges in the community. It is an honor to be considered, and the person who is finally appointed will know he or she made it through the process in the full light of day.