Maui judicial nominee confirmed

By Lynda Arakawa
Advertiser Capitol Bureau

Maui District Court nominee Simone C. Polak won confirmation by the state Senate yesterday, despite being the second judicial nominee this year to receive an unqualified rating from the Hawai'i State Bar Association.

The Senate voted 22-3 to confirm Polak's nomination, with opponents citing the bar association's rare unfavorable rating as the primary concern.

The bar association board of directors based its not qualified rating on an "absence of a substantive civil litigation and/or family court (domestic relations) experience." Polak has worked nearly 15 years handling criminal cases with the Maui prosecutors' office, and most recently focused on appeals.

Dale Lee, bar association president, said the 10-2 not qualified vote by the board also took into account the unique, sensitive nature of the Maui Family Court.

But all three senators from Maui supported Polak's nomination. Senators who spoke in favor of her said Polak was highly qualified for the job and noted that she handled child abuse cases that fall under family court jurisdiction. They cited testimony from others in the legal community who spoke highly of Polak.

Sen. J. Kalani English, D-6th (E. Maui, Moloka'i, Lana'i), said Polak understands communities in Maui County.

Sen. Sam Slom, R-8th (Kahala, Hawai'i), said he detected "some hypocrisy on the Senate floor," referring to the vote earlier this month to reject the appointment of Big Island Circuit Court nominee Ted Hong, who received an unqualified rating from the bar association based on judicial temperament. Many senators cited the bar recommendation in the vote.

But Sen. Rosalyn Baker, D-5th (W. Maui, S. Maui), who voted against Hong, said the two situations are different and that judicial temperament is not a quality that is acquired. She said there are many fine judges who would not have met the current bar association's standards for experience.

Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau), among those who opposed Polak's nomination, said the bar association rating was his primary concern. He said he is confident that Polak is competent in the work she does, but that the family court judge position is one for which he should have no reservations about a nominee.

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