State negotiator named Big Isle judge
By Lynda Arakawa
Advertiser Capitol Bureau
Gov. Linda Lingle yesterday named Ted Hong, the state's chief labor negotiator and an interim University of Hawai'i regent, to be a state Circuit Court judge on the Big Island.
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Hong doesn't plan to leave his current jobs until his judicial appointment is confirmed by the state Senate, and the governor has not yet selected a successor for either post. Hong said he is working with the administration on issues regarding union contracts still being negotiated.
Questions of Ted Hong's disposition to be a judge have arisen in the Senate.
His appointment appears to face some opposition in the Senate, where several members question whether he has the right temperament to be a judge.
The state is negotiating with three public employee unions that cover public school teachers, University of Hawai'i faculty and blue-collar workers, Hong said.
"It's unfortunate and probably an inopportune time to leave at this point," Hong said. But he also said there's never a good time for anyone in his position to leave because collective bargaining laws are structured so that negotiations are always ongoing.
Hong also noted that his appointment to the UH Board of Regents was temporary and will expire in May. He said the governor started looking for his potential successor even before appointing him to the judgeship.
Hong said he doesn't foresee any problems with his confirmation in the Senate. But Sen. Colleen Hanabusa, who leads the Judiciary and Hawaiian Affairs Committee that will review his appointment, said comments from other senators indicate Hong's nomination may encounter more resistance than others.
"I think there's going to be some problems," said Hanabusa, D-21st (Nanakuli, Makaha). "I do not anticipate that we will have as smooth a sailing as we've had in the past.
"A lot of the comments that I have heard today raises concerns about Mr. Hong's judicial temperament. So until we have the actual testimony and the actual hearing, we don't know how the Senate will line up on it. But right now I believe that it's got some people in opposition, so we'll wait and see."
Hong said senators who have concerns about his temperament should talk to union negotiators who have sat across the table from him. He also said there may have been a misunderstanding about the roles he plays as an advocate.
"When you look at the course of what I've done in terms of my professional careers, I have been a very aggressive advocate because that's the role I play," he said. "Being a judge is a completely different role with completely different requirements, and I'm very cognizant about what those requirements are (i.e., being an objective fact-finder)."
Hong said that as a Circuit Court judge on the Big Island, he would work to resolve cases expeditiously and make sure litigants representing themselves are given fair treatment.
Lingle named Hong chief negotiator in December 2002 and appointed him to serve on the University of Hawai'i Board of Regents last May.
Previously he was a private attorney in Hilo. Hong also served as Hawai'i County assistant corporation counsel and was a deputy corporation counsel and deputy prosecuting attorney in Honolulu. He was also an associate attorney with the law firm Roehrig Roehrig Wilson Hara and deSilva.
Hong was among a group of Democrats to publicly support Republican Lingle in the 2002 governor's race and was one of several Hilo coordinators for the campaign.
Advertiser Staff Writer Gordon Y.K. Pang contributed to this report. Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.
