Senate panel backs Hong for judge post
By Lynda Arakawa
Advertiser Capitol Bureau
After an extraordinary hearing that lasted more than eight hours, a state Senate committee yesterday endorsed Gov. Linda Lingle's nomination of state chief labor negotiator Ted Hong to the Circuit Court on the Big Island.
Bruce Asato • The Honolulu Advertiser
But the endorsement by the seven-member Senate Judiciary and Hawaiian Affairs Committee was hardly enthusiastic, with two members voting against the nomination and two expressing reservations. Concerns were based largely on whether Hong has the right temperament to be a judge.
The Senate Judiciary and Hawaiian Affairs Committee yesterday endorsed state chief labor negotiator Ted Hong's nomination to the Circuit Court on the Big Island.
Hong's nomination now goes before the full Senate, where committee chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), predicted a close vote. The floor vote could come as early as tomorrow.
"I sincerely and clearly heard the concerns of the senators and I'm taking it to heart," Hong said after the marathon hearing. "I hope in the next few days to be able to discuss it with as many senators as possible and convince them that I hear what the concerns are and I understand them."
Hanabusa, who supported the nomination, said she believes that Hong would make "an excellent judge" and does not believe that concerns about his temperament should block his appointment.
"I have not heard anything adverse of Mr. Hong today about his skills as an attorney, his intelligence or his advocacy," she said. "As a matter of fact, if there's been any criticism, it's the fact that he's overzealous ... and somehow that is equated with judicial temperament."
The Senate Judiciary and Hawaiian Affairs Committee recommended the confirmation of Ted Hong's nomination to the Big Island Circuit Court. Yes No
Sen. Cal Kawamoto D-18th (Waipahu, Crestview, Pearl City), voted against the nomination, saying he had doubts about Hong's "openness, ability to listen, patience, tact, humility and compassion."
How the committee voted
Hong is an interim member of the University of Hawai'i Board of Regents and a former Hawai'i County assistant corporation counsel who was among the Democrats campaigning for Lingle in 2002. He would be the third Big Island circuit judge and one of 31 circuit judges statewide.
Hong, 46, has become one of Lingle's most controversial appointments. While other judicial nominees by the Republican governor have sailed through confirmation proceedings in a Senate dominated by Democrats, yesterday's hearing was unusually long and complex.
Lingle took the unprecedented step of attending the committee hearing. She said she expected Hong's nomination to be "somewhat controversial because he's such a direct and candid person," but she also noted that Hong supporters even flew in from the Big Island to show how much regard they have for him.
As is customary for judicial confirmation hearings, testimony submitted by nearly 200 people was overwhelmingly in favor of Hong's appointment. Scores of people — mostly lawyers — attended the hearing, praising Hong for integrity, legal skills, commitment and fairness. The University of Hawai'i Professional Assembly and the State of Hawai'i Organization of Police Officers also submitted testimony supporting him.
But the Hawai'i State Bar Association, in a highly unusual move, rated Hong as unqualified for the job, on the basis of doubts about his judicial temperament. Others who submitted testimony opposing the nomination included litigants involved in cases in which Hong represented the opposite party.
Bruce Asato • The Honolulu Advertiser
Dozens of lawyers and others defended Hong against concerns that he lacks judicial temperament, calling him a zealous advocate who fights for those he represents while still being respectful of others.
Ted Hong enjoyed a light moment during yesterday's Senate confirmation hearing. Gov. Linda Lingle sat behind Hong during the hearing, but did not speak. Later, Lingle did discuss the importance of a fair hearing.
Some also pointed out the fiery demeanors of other judges and noted the subjectivity in evaluating someone's judicial temperament.
Honolulu Prosecutor Peter Carlisle said Hong can't be faulted for zealously representing his clients.
"Attorneys are supposed to express their views adamantly and with passion," Carlisle said. "It is not necessarily the function of an attorney to say that which is popular, that which will maintain the status quo."
Some lawyers also said they were shocked that the bar association found Hong unqualified. They expressed concerns about how the board came to that conclusion.
Hawai'i State Bar Association president Dale Lee said seven members of the association's board found him not qualified, four found him qualified, one found him highly qualified, and one abstained. Lee said that the issue of Hong's judicial temperament was a "common thread" in discussions and that the vote did not stem from personal feelings.
Hanabusa and others criticized the association's year-old policy of accepting lawyers' comments but not disclosing their identities to the board members.
Lee said the procedures were intended to promote the democratic process and encourage attorneys to comment on nominees.
Antonie Wurster was a plaintiff against Hawai'i County in a case in which Hong represented the county. She said that while Hong is a skillful attorney, he does not have the temperament to be a good judge. Wurster said Hong was rude and showed he didn't respect the law when he appealed an arbitrator's decision against the county.
Hong said that he takes his role as an advocate seriously and that his zealousness comes from a resolve to do the best for his clients. He acknowledged that sometimes he has "crossed the line" but said that's not a pattern.
"I recognize and acknowledge my zealousness has resulted in people misinterpreting who I am and what I stand for," Hong said later.
"I want them to know that I am sorry and apologize."
Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.
