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The Honolulu Advertiser

Posted on: Saturday, February 12, 2005

Senate panel OKs Bissen

By Derrick DePledge
Advertiser Capitol Bureau

The state Senate Judiciary and Hawaiian Affairs Committee unanimously agreed yesterday to recommend Richard Bissen as a Maui Circuit Court judge, but sent his nomination to the full Senate with some reservations about his legal background.

Richard Bissen

Bissen's chances for confirmation were strengthened by the endorsement, although the committee's leaders, Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), and Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), said they will likely explain their concerns to other senators when the nomination reaches the Senate floor for a vote early next week.

Bissen, the interim director of the state Department of Public Safety, said he believes he was vindicated. He agreed that he should have disclosed a 1996 appeals court decision that criticized his conduct as Maui County prosecutor on a Judicial Selection Commission questionnaire — the main issue raised by senators. But the Judicial Selection Commission confirmed that the court's ruling had been considered during its review of Bissen's judicial application. The state bar association looked at the ruling last Saturday and did not change its original opinion that Bissen is qualified to be a judge.

The committee had delayed his confirmation hearing last week to give the bar association and other senators time to examine the appeals court ruling.

"I just wanted there to be balance. I just wanted an opportunity to explain," Bissen said yesterday. "And, frankly, I don't know why there are reservations.

"They asked me the questions. I gave them the answers, straight up."

Gov. Linda Lingle, who nominated Bissen in January for the 10-year appointment, said she appreciated the broad cross-section of support for Bissen from the legal community. "Beyond his qualifications, he's someone who's fair," Lingle said after speaking at an event in Waikiki.

Hanabusa, who, along with Hee and Sen. Les Ihara, D-9th (Kapahulu, Kaimuki, Palolo), voted with reservations, said the support for Bissen from people on Maui was persuasive. "The bottom line?" Hanabusa told reporters. "I think he's probably going to go through."

Advertiser staff writer Catherine E. Toth contributed to this report.