Posted on: Monday, January 5, 2004

EDITORIAL
Lingle adds judicial selection 'sunshine'

We commend Gov. Linda Lingle for her continuing part in opening up the once highly secretive process of choosing judges for Hawai'i's courts.

In March, Lingle released the list of names of those nominated for appointment to the Hawai'i Supreme Court, indicating a commitment to government openness and offering the public a clearer look at the process that produces these important public servants.

Her choice from that list, Honolulu attorney James Duffy, was an inspired choice, adding respect and credibility to the high court.

Now Lingle has made public two more lists of candidates submitted to her by the Judicial Selection Commission: one with six nominees to fill a newly created fifth seat on the state Intermediate Court of Appeals, and the other with six names from which Lingle will select a new Circuit Court judge.

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, chose to publish the list of nominees after he had made his selection.

Lingle's preference to release these lists before making her selections opens the process even more.

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