Panel rejects second term for Circuit Judge Simms

By David Waite
Advertiser Courts Writer

The state Judicial Selection Commission has rejected an application by Circuit Judge Sandra Simms for reappointment to a second 10-year term on the bench.

"I was not given any reasons for their decision," Circuit Judge Sandra Simms said. Advertiser library photo

The commission gave no reason for its decision. Chairman Sidney Ayabe said all matters before the commission are confidential and that its rules prevented him or other panel members from discussing why Simms was not retained.

"I was not given any reasons for their decision," Simms, 55, said last night. She said her last day on the job will be May 26.

"I've been honored to serve the community as a member of the judiciary for the past 13 years and would like to thank those who have been supportive of me," she said.

A graduate of DePaul University, Simms was first appointed a District Court judge in 1991 and was appointed to a 10-year term on the Circuit Court bench in 1994.

Several of her decisions while on the Circuit bench were perceived as too lenient and she was once criticized publicly by then-Gov. Ben Cayetano, in May 2000, for sentencing a convicted gang rapist to probation and releasing him from jail.

Cayetano said at the time that anyone with concerns about Simms' rulings should make then known to the Judicial Selection Commission, adding that Simms "will have to answer for her actions if and when she decides to apply for reappointment."

Simms also drew criticism in 1998, for allowing a man convicted of a vicious assault on a 17-year-old boy in Makaha to remain free for three months before starting a 10-year prison term because his wife had given birth to their first child.

Simms was the object of criticism again in 1999 when she allowed a 20-year-old man convicted of theft after the brutal beating of a vacationing Chicago police officer to remain on probation despite violating the probation terms.

City Prosecutor Peter Carlisle could not be reached last night to comment on the decision.

But two Honolulu criminal defense lawyers called the decision "unfortunate" and "a shame."

"She is just one of the nicest and most compassionate people that has been on the bench in years," attorney Michael Green said. "She was hard-working and articulate and always had the time to listen to each defendant, their attorneys as well as the prosecution. I just think it's a shame."

Attorney Richard Wurdeman called Simms' rejection "very unfair."

"I think that overall, she's done a very good job as a judge," Wurdeman said.

Simms said her immediate plans are to travel to Purdue University to watch her daughter defend her Big Ten title in the 400 meter hurdles.

"Life goes on," she said.

Reach David Waite at 525-8030 or at dwaite@honoluluadvertiser.com.