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The Honolulu Advertiser
Posted on: Wednesday, November 21, 2007

Hawaii senate confirms Leonard as judge

By Derrick DePledge
Advertiser Government Writer

Katherine Leonard, a civil attorney and partner at Carlsmith Ball LLP, was unanimously confirmed yesterday by the state Senate as a judge on the state Intermediate Court of Appeals.

The Senate vote was 23-0, with eight senators voting with reservations and two excused.

"I look forward to serving the judiciary and the people of Hawai'i. I'm just very honored," Leonard told reporters afterward.

State Attorney General Mark Bennett said Leonard has experience and integrity and predicted she will make a fine appeals court judge.

"She'll bring a very good intellect to the bench," he said.

Several senators had privately questioned whether Leonard was the best candidate for the appeals court but she received a "qualified" rating from the Hawai'i State Bar Association and uniformly positive testimony at her confirmation hearing.

State Sen. Brian Taniguchi, D-10th (Manoa, McCully), the chairman of the Senate Judiciary and Labor Committee, described Leonard as bright, competent and hardworking.

But Taniguchi and other senators questioned her lack of judicial experience. None of the other five judges on the appeals court had judicial experience when appointed, but Taniguchi said Gov. Linda Lingle should have taken that into consideration after the Senate last month rejected O'ahu Circuit Court Judge Randal Lee's nomination.

The Senate had mostly cited Lee's lack of civil experience and the split decision of the bar association over whether he was qualified for the appeals court. The issue of judicial experience also came up, however, and Lingle was aware of it when she nominated Leonard as her second choice.

Taniguchi said the last two appeals court judges who left the bench had judicial experience before they were appointed and had given the court that perspective.

"My concern centers on what I perceive as a need for diversity among the judges of our judiciary, a need to have a balance of backgrounds when we fill positions," Taniguchi said.

State Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), said Leonard does have a diverse background and well-rounded community experience.

He noted that her undergraduate degree was in science and she has volunteered for Cub Scout and youth soccer programs. She earned an undergraduate degree from the University of Wisconsin-Parkside and her law degree at the University of Hawai'i-Manoa's William S. Richardson School of Law.

"In fact, what we have here is a person of exceptional talent, integrity and ability," Slom said.

Slom also said Leonard was taking a significant salary reduction by leaving private practice for public service on the bench.

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), praised Leonard for overcoming the behind-the-scenes concerns among senators. "It was a Seabiscuit performance," he said afterward. "She ran with great poise and confidence."

The Senate put Lee's and Leonard's backgrounds under closer scrutiny in part because of the expanded role of the appeals court. Since July 2006, the court has been the state's primary appeals court, screening most cases before they can go before the state Supreme Court.

Leonard was confirmed to a 10-year term on the appeals court. She replaces Judge John S.W. Lim, who died in June.

The vote on Leonard capped the Senate's third special session this year. The Senate and state House had convened in July to override some of Lingle's vetoes and last month to pass Hawaii Superferry and extended sentencing legislation.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.