Bar association says Maui judge nominee unqualified

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Weeks after its recommendation against Circuit Court nominee Ted Hong, the Hawai'i State Bar Association has issued a "not qualified" position for Simone C. Polak, a nominee for a District Court judgeship on Maui.

Meanwhile, Gov. Linda Lingle has nominated Hilo attorney Glenn Hara to fill the Hilo Circuit Court vacancy that was expected to go to Hong.

Unlike Hong, Polak was nominated by Chief Justice Ronald Moon, as are all Disctict judge appointees. Both Circuit and District court nominees come from a list of finalists issued by the Judicial Selection Commission.

Hong was rejected March 12 by a 13-12 vote with many of the senators who rejected him citing the bar association's repudiation of his nomination based on his "judicial temperament" as their major concern. In Polak's case, the bar association is raising issue with an apparent lack of civil litigation experience, but it remains to be seen if senators will view that as reason to reject her.

Polak, 43, is a deputy prosecuting attorney on Maui since 1989, most recently in the Maui prosecutor's appellate division. She is also a former emergency medical technician, served in the Air Force Reserve and has lectured on criminal law and juvenile justice at Maui Community College.

According to the association's testimony, which is to be submitted during Polak's hearing before the Senate Judiciary and Hawaiian Affairs Committee tomorrow, "the Board found inasmuch as the District Court is a court of broad jurisdiction, Ms. Polak's absence of a substantive civil litigation and/or family court (domestic relations) experience outweighs her experience working with the Office of the Prosecuting Attorney for the County of Maui, which was recognized as having been served with distinction."

Polak, in her submittal to the Judiciary Committee, said: "While I admittedly have limited civil legal experience, my legal, medical and military background proves that I am a quick study, capable of adapting and fitting in, learning new things, being a team leader as well as a leader."

Polak, reached last night, declined to comment on the bar association's recommendation other than to say: "I think the appropriate forum for me to address that is in the Senate Judiciary Committee."

Judiciary administrative director Thomas Keller, took what he called "an unprecedented step" in submitting testimony questioning the bar association's findings.

"Litigation experience is but one aspect of an attorney's practice and such experience may be outweighed by other characteristics when determining judicial nominees," Keller wrote in his submittal to the Judiciary Committee. "In today's world most lawyers, many of whom have brilliant legal minds, never see the inside of a courtroom. If litigation experience is the be all and end all of qualifications and is further refined to require litigation experience on particular dockets, Hawai'i will be deprived of applicants who would make great judges."

Senate Judiciary Chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), who raised issue with the way the association reached its position on Hong by taking into consideration anonymous testimony, said the "not qualified" position on Polak was also troubling. "I have very serious concerns," Hanabusa said.

Bar association president Dale Lee said out of 12 board members who voted on her nomination, Polak received 10 "not qualified" votes and two "qualified" votes." Lee, who does not vote except in cases of a tie, said there are 19 voting board members with 12 required for a quorum.

Asked if there was a connection between the bar association board's "not qualified" recommendations against Hong and Polak, Lee said: "I think that the bar has made it clear that they wanted to take the importance of judicial nominations seriously. And with the input that the bar is able to secure, we are able to provide a different level of input that we think is important in the deliberative process."

The new controversy overshadowed Lingle's nomination of Hara, 57, a partner with Roehrig Roehrig Wilson & Hara, specializing in real estate and commercial counseling and litigation. He is a former per diem District Court judge and the son of former state lawmaker Stanley Hara. He ran unsuccessfully for Hawai'i County prosecutor in 1992.

The Roehrig law firm once employed Hong. Hara and several other partners flew to Honolulu to support Hong's nomination earlier this month.

Sen. Lorraine Inouye, D-1st (Hamakua, S. Hilo), who led the charge against Hong's nomination, said she will support Hara's nomination.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.