The committee gave the bar association until Thursday to determine whether the new information might change Bissen's rating. The bar association can rank nominees "highly qualified," "qualified," or "not qualified," and the ratings are used as guides by the Senate.

Bissen, the interim director of the state Department of Public Safety, did not have the chance to testify before the committee yesterday. He told reporters after the hearing that the appeals court decision did come up during his review by the Judicial Selection Commission but acknowledged he did not disclose it on a questionnaire that asked about his personal and legal background. He also said he mentioned it to the bar association during its review but Richard Turbin, the association's president, told the committee he was not aware of the details of the court's decision.

The questionnaire asked Bissen: "Has your behavior or conduct ever been criticized or have you been admonished in a written decision by any court?" Bissen responded, "Not that I can recall."

The Intermediate Court of Appeals of Hawai'i ruled in 1996 that improper comments and questions by Bissen had the cumulative effect of denying a fair trial to a Maui man.

The man was convicted on charges of being a felon in possession of a firearm, in possession of firearm ammunition, and of first-degree terroristic threatening. The appeals court reversed the firearm convictions and sent the terroristic threatening charge back to the lower court.

The state Supreme Court's Office of Disciplinary Counsel investigated Bissen's conduct in the case but ruled there was insufficient evidence to take any disciplinary action. The counsel's office did caution Bissen to follow ethical requirements for prosecutors under the law.

"I am very troubled by it," said Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), the chairwoman of the Judiciary Committee, which reviews judicial nominees for Senate confirmation. "The question is going to be, 'Why didn't you disclose it?'"

Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), who, with Hanabusa, raised the appeals court decision with the bar association yesterday, said the late discovery of the case this week made it impossible for other senators to fully evaluate Bissen's qualifications. "I think members of the Senate need to read the material," Hee said.

State Attorney General Mark Bennett said Bissen is qualified for the 10-year appointment to the Maui bench. "I know Rick to be an honest, ethical, forthright person," Bennett said.

Last year, the Senate voted 13-12 against confirming Ted Hong for a judgeship, the first time the Senate had rejecteda judicial nominee in more than a decade. He had been approved by the Judiciary Committee.

The bar association had rated Hong, who at the time was the state's chief labor negotiator, unqualified to be a Big Island Circuit Court judge over doubts about his judicial temperament.