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The Honolulu Advertiser
Updated at 8:50 p.m., Monday, December 15, 2008

Supreme Court explains ruling on UH regents

Advertiser Staff

The Hawai'i Supreme Court has issued a 24-page ruling detailing its reasons for ordering Gov. Linda Lingle to appoint six new University of Hawai'i regents within three weeks.

The court heard oral arguments Dec. 4 in the case, which was filed against Lingle by state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), and the chairman of the Senate Education Committee, Sen. Norman Sakamoto, D-15th (Waimalu, Airport, Salt Lake). The justices issued a brief decision the same day and elaborated on that finding today.

Nearly 10 months passed after Lingle received a list of qualified replacements for six regents whose terms had expired, but she did not select any, choosing instead to allow the six incumbents to carry over in office.

The governor "contended that as of Dec. 4, 2008, a reasonable period of time had not passed for the nomination and appointment of the six replacement regents," the court said.

"We disagree," the justices wrote.

"The passage, to date, of nearly 10 months since (the governor) was presented with the regent candidate list is an unreasonable period of time for (the governor) to perform her constitutional and statutory duty of nominating and appointing the six remaining regents," the opinion said.

Lingle said last week that she was disappointed with the ruling but would comply with it.

The Attorney General's office argued on behalf of the governor that the law on regent appointments contained no specific deadlines for action by the governor.

Hanabusa and Sakamoto argued that the intent of the law was clear and the governor, by failing to act, undermined the Senate's constitutional authorities.

"The law was adopted," Hanabusa said after last week's court decision. "The governor knew what it said. And for her to just simply decide she doesn't have to comply with it was, to me, phenomenal."