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The Honolulu Advertiser
Posted on: Friday, September 11, 2009

Suit filed over 'unilateral' move to fill justice post


By Jim Dooley
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Ronald Moon

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A lawsuit has been filed to block nominations for a new chief justice of the Hawai'i Supreme Court.

The suit was filed yesterday against Sheri N. Sakamoto, chairwoman of the state Judicial Selection Commission, by James Bickerton, another member of the commission.

In the suit, Bickerton claims that Sakamoto improperly decided on her own to begin the replacement process for Ronald Moon, who is due to retire on his 70th birthday, Sept. 4, 2010.

Bickerton alleges that Sakamoto's actions violate the state Constitution, which requires that commission actions be approved by a majority of its members.

Sometime before Sept. 7, the suit said, "Sakamoto made a unilateral decision" to announce and publicize the expected vacancy of the chief justice position.

An announcement of the vacancy was posted on the Judiciary's Web site Tuesday and newspaper advertisements are set to begin running Sunday.

The Web posting and the ads state that anyone wishing to nominate a candidate for the job must submit the name to the commission by Sept. 21.

And applications for the job must be submitted by Oct. 5, which Bickerton's suit notes is "11 months before the vacancy arises and only 16 business days" after the newspaper ads begin running.

Bickerton asserts in his suit that the schedule provides "insufficient time for many applicants to do the groundwork and preparation with friends, family, colleagues and business associates necessary to submit their names for this vital public service position."

And it gives an advantage to individuals who have already submitted applications for other judicial vacancies, the suit said.

Bickerton says that Sakamoto was asked to first discuss the issues with the commission membership but she "is proceeding with her plan."

Sakamoto could not be reached for comment last night.

The suit said that the next full commission meeting isn't scheduled until Sept. 29, "only four days before the unilaterally imposed deadline for applications for the Chief Justice position."