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The Honolulu Advertiser
Posted on: Wednesday, February 16, 2005

Senators OK Bissen for Maui judgeship, 24-1

By Derrick DePledge
Advertiser Capitol Bureau

The state Senate voted overwhelmingly yesterday to confirm Richard Bissen as a Maui Circuit Court judge after several senators praised his character and experience.

Bissen
The gallery, where Gov. Linda Lingle and members of her cabinet joined Bissen and his family, erupted into applause after the 24 to 1 vote. Bissen, the interim director of the state Department of Public Safety and a former Maui County prosecutor, said he learned from an often grueling confirmation process where key senators questioned him about whether he fully disclosed two cases where he was admonished — but not disciplined — for prosecutorial misconduct.

"I'll remember the comments. I'll remember the words. I think it's good advice for any new judge to hear all that," Bissen, covered with lei from family and friends, told reporters after the vote. "I have to say, I've probably learned more about sitting in judgment of a person by going through this process than I could ever learn in any judicial college.

"I'll take that experience with me, too."

Lingle, who was Maui mayor while Bissen was prosecutor, nominated him in January for the 10-year appointment. "He was obviously very qualified. I think the outpouring of support underscored just what a special person he is," the governor said.

Seven senators voted in favor of Bissen but with reservations about his legal background, including Senate President Robert Bunda, D-22nd (North Shore, Wahiawa) and Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), the chairwoman of the Senate Judiciary and Hawaiian Affairs Committee. Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), the vice chair of the committee, was the only senator to vote against confirmation.

"The nominee's apparent inability to remember these cases is baffling to me and suggests to me that either the nominee has difficulty recalling serious admonishments or there may have been a belief the Senate would never have found out," Hee told colleagues in an extensive floor speech.

Hanabusa and other senators said they were influenced by Bissen's strong support from the three Maui Democrats in the Senate and the testimonials about Bissen's character from people on Maui who know him best. Bissen grew up on Maui and has strong family ties to the island.

"This nominee has been scrutinized to the 'nth' and I think he has withstood the test," said Sen. Rosalyn Baker, D-5th (W. Maui, S. Maui).

Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said it was insulting for Hee to imply that party affiliation or home island sympathies played a role in the vote. Hee had said that it was easy for Maui senators or Republicans to support Lingle's nominee. "In this instance, the Senate can be very proud of its deliberate and informed decision," Hemmings said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com or 525-8070.