Senate rejects Hong

By Lynda Arakawa
Advertiser Capitol Bureau

The Senate yesterday narrowly turned down Gov. Linda Lingle's nomination of state chief labor negotiator Ted Hong to the Big Island Circuit Court, the first rejection of a judicial nominee in more than a decade.

Ted Hong walks away from the gallery in the Senate chambers with his father, Tany Hong, and mother, Naomi, who hugged the nominee's wife, Terri Lum. Moments earlier, the Senate voted 13-12 to turn down Hong's nomination. Bruce Asato • The Honolulu Advertiser

But after 2 1/2 hours of debate that centered on Hong's temperament and how he treats people, the roll call showed that the efforts by the governor and Hong's supporters convinced only seven of the Senate's 20 Democrats to join five Republicans to vote in favor of the nomination.

Hong, also an interim University of Hawai'i regent, said he believed his outspoken demeanor was a factor in the opposition. "I have to say there was my frankness in my opinions," he said. "It just rubbed certain people the wrong way."

The governor said she was saddened. "Those people who voted no made a very bad decision and one that was not in the interest of the Big Island," she said.

State Attorney General Mark Bennett said Lingle will now have 10 days to pick another name from the the Judicial Selection Commission's same list that included Hong. The candidates are attorneys Harry Freitas, Glenn Hara, Joseph Kamelamela, Diana Van De Car and Big Island District Court Judge Terence Yoshioka.

Hong will continue in his $80,000-a-year job as state chief labor negotiator.

Hong, one of the Democrats who campaigned for Lingle in 2002, would have been one of 31 circuit judges around the state, each earning $106,922 annually.

The opposition to Hong's nomination picked up momentum earlier this month when the Hawai'i State Bar Association, in a rare move, rated him as unqualified for the position, on the basis of concerns about his judicial temperament, which some have described as arrogant.

But Hong's supporters called the 4,300-member bar association's year-old board evaluation procedures flawed because the identities of lawyers who provide solicited comments on nominees are not disclosed to board members.

Gov. John Waihee's nomination of Sharon Himeno to the state Supreme Court. Himeno, wife of Waihee's attorney general, Warren Price, was rejected after public outcry and charges of cronyism.

Yesterday, senators who opposed Hong said that they had doubts about his "judicial temperament" and that, despite overwhelming testimony supporting him, they could not ignore the bar association's unqualified rating.

Sen. Norman Sakamoto, D-15th (Waimalu, Airport, Salt Lake), cited concerns by others about Hong's demeanor and the bar association rating. He said, "We should not have concerns, fears, doubts about the presiding judge.

"I ask that another person be appointed, a person who will not raise the concerns that have been raised regarding this nominee, so people may enter a courtroom not fearing a judge, with the full expectation of a fair trial, with the full expectation of justice in our courtroom," Sakamoto said.

Sen. Donna Mercado Kim, D-14th (Halawa, Moanalua, Kamehameha Heights), said she could not discount the bar association's recommendation. She acknowledged concerns about the association's position but said, "You cannot accept the bar's position only when it suits you."

But senators who supported Hong said that he is highly qualified for the job and that he has been unfairly criticized for zealously representing his clients.

"It seems like the only crime Ted Hong has committed is that he's rubbed a few people the wrong way," said Sen. Bob Hogue, R-24th (Kailua, Kane'ohe). "Overall I think that the evidence is overwhelming that Ted Hong has treated people fairly."

Senate Judiciary and Hawaiian Affairs Chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), said Hong shouldn't be judged by the bar association's process, which she said has been the "talk of the town" in the legal community. She also dismissed concerns about Hong's temperament.

"Litigators tend to be zealous because that's exactly what they're paid to do," she said. "They're paid to represent their clients. It is not a nice situation."

After the vote, Lingle said the bar association rating was "used as a cover for people who wanted to vote no" and noted that senators did not raise concerns about Hong's legal skills and experience.

"If you looked at (the testimony and evidence) in its totality and you were objective and you didn't have any other motives that weren't public, you would have to have voted in his favor," Lingle said.

Senate President Robert Bunda, D-22nd (North Shore, Wahiawa), who voted for Hong's nomination, said senators simply "voted their conscience."

Lingle, most of the Cabinet members and other supporters joined Hong and his family in the gallery of the Senate chambers during the floor session. There was a collective, loud sigh of disappointment in the gallery when the tally was announced at the end of the roll-call vote. Hong's wife, Terri Lum, and some of Hong's supporters were in tears.

"At a minimum, I walk away today blessed knowing that there are several hundreds of people who actually submitted testimony and e-mail in my support," Hong said after the vote. "A lot of us don't get that opportunity while we're living."

Hong also said it shed light on what he called the "flawed process" of the state bar association in evaluating judicial nominees. He said the 13-12 vote shows "we're very close in terms of breaking this culture of fear" that discourages people from speaking their mind.

"This is not really a defeat — it's actually a step in the right direction," he said.

Advertiser staff writer David Waite contributed to this report.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.