After more than two hours of floor debate, senators defeated the nomination of Hong, a Democrat who supported Lingle’s 2002 campaign, by a 13-12 vote.

It’s a vote that Republican Lingle likely will use against incumbents in the 2004 election campaigns as she seeks to gain more GOP seats in a Senate now controlled by the Democrats, 20-5.

Opponents questioned Hong’s temperament and repeatedly cited a Hawaii State Bar Association conclusion that the Hilo attorney was not qualified for the job.

"The bottom line is: those senators who voted against him simply made a very, very bad decision and totally disrespected the people of the Big Island who overwhelmingly supported Ted’s appointment to the court," Lingle said following the vote.

"The people who know him best came out in strong support of him, including the bar association on the Big Island, and that should have been given much greater weight," she said, adding: "It’s a sad day for me, personally, because I believed Ted had so much to contribute to the state."

The lei-bedecked Hong and his family, Lingle and most of her cabinet sat in the Senate gallery, watching the debate that led up to the vote in which seven Democrats, including Judiciary Committee Chairwoman Colleen Hanabusa, Nanakuli-Makua, sided with the five Republicans.

Much of the exchange dealt with the confidentiality of the Hawaii State Bar Association’s membership survey and process that led to the state-sanctioned organization of lawyers’ determination that Hong was unqualified for the judgeship.

Sen. Lorraine Inouye, D-Hilo-Honokaa, who rallied opposition to Hong, said she had "significant concerns" with the appointment, pointing to the state bar association’s negative rating.

"I feel the people of the Big Island deserve the best and brightest that our state has to offer, and whomever is picked for the bench has to be held to the highest standard," she said.

She cited opposing testimony questioning Hong’s temperament given during Wednesday’s marathon confirmation hearing before the Judiciary Committee.

Hong worked in the administration of Hawaii County Mayor Stephen Yamashiro, who twice defeated Inouye, a former mayor.

Most opponents said they couldn’t ignore the state bar association’s assessment of Hong being unqualified, even though there was some question about the process used.

Sen. Cal Kawamoto, D-Waipahu, said he opposed Hong because as an interim member of the University of Hawaii’s Board of Regents, Hong has opposed building a new campus in West Oahu.

Sen. Paul Whalen, R-Milolii-Waimea, said senators should put more stock in the Hawaii County Bar Association, "who know him best" and overwhelmingly backed Hong.

At a news conference Lingle called after the vote, Hong said it was obvious that opposition of his appointment was fueled by "my outspokenness, I’d have to say it was my frankness and my opinions. It just rubbed certain people the wrong way."

Lingle said it’s hard to know what really drove the opposition to Hong, "but I do think the bar association was used as a cover for people who wanted to vote ’no."’

She said that the state Judicial Selection Commission, which included Hong among the six candidates it selected for the judgeship, has an exhaustive investigation to determine who is qualified, where the state bar association board’s vote was based on anonymous e-mail from 56 members out of the more than 4,000 membership.

With the judgeship rejected, Hong remains the state’s chief negotiator and also retains his position on the Board of Regents.