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The Honolulu Advertiser
Posted on: Monday, September 28, 2009

2 more state judges to retire


By Jim Dooley
Advertiser Staff Writer

Two more state judges are retiring from the bench in November before their terms of office expire, opening new opportunities for Gov. Linda Lingle to place a deep imprint on the Hawai'i judiciary by naming their replacements.

Stepping down from the bench are Family Court Senior Judge Frances Wong and Circuit Judge Victoria Marks.

Another female Circuit Judge, Karen Blondin, also quietly retired earlier this year, three years before her term was due to expire.

"I can't recall any time when so many judges have decided to retire," said state Senate President Colleen Hanabusa.

"And they're all female judges, too," Hanabusa said.

Only Marks agreed to speak about the reasons for her early retirement, saying that "the time is right" for her departure.

Hanabusa said she has heard stories that financial considerations played a role in the recent retirement decisions.

But Marks said such issues, including pay cuts and deferred pay raises for judges and threatened furloughs and layoffs of state court workers, including state sheriffs and public defenders, were "not really part of" her retirement decision.

"I've been on the bench for 21 years," she said.

Her current 10-year appointment doesn't expire until May 2014.

Now the judge said she intends to devote her time to "mediation and arbitration" work, in which legal disputes are settled by a third-party whose fees are paid by both sides.

"I look forward to it," she said, noting that the work can be performed with fewer of "the constraints or the pressures" of overseeing a daily calendar of court trials and conferences.

"I certainly have no regrets," Marks said of her years on the Circuit Court bench.

"I feel very fortunate to have been able to serve the people of Hawai'i," Marks said.

Marks was first named a Circuit judge in 1994 by Gov. John Waihee. She was honored in 2003 by the state Judiciary with the first "Jurist of the Year" award that is now given annually to full-time judges who demonstrate "exceptional judicial competence."

Wong has been on the bench since 1992, also appointed by Waihee. Her current appointment was to expire in 2012.

Chief Justice Ronald Moon said Wong "will sorely be missed, but her accomplishments will always be a part of our family court's history and future."

Moon went on to say that Wong "has been a trusted colleague, collaborator, practical visionary, and a hands-on/in-the-trenches leader" who has "implemented many progressive and effective programs and projects in the Family Court that have helped — and will continue to help — Hawai'i's children and families."

Attorney Paul Tomar, a family law specialist who has frequently appeared before Wong, called her "an extremely courageous judge and a great leader. We will miss her greatly."

Blondin stepped down earlier this year, well ahead of the May 2012 expiration of her current term on the bench.

OTHER VACANCIES

The Hawaii Judicial Selection Commission has solicited nominations for a replacement for Blondin but has not begun the process to fill the vacancies that will be created when Wong and Marks step aside.

Other vacancies that Lingle must fill are a slot on the Intermediate Court of Appeals that was created when Lingle elevated ICA Judge Mark Recktenwald to the Hawai'i Supreme Court.

That opening on the high court was created after Associate Justice Steven Levinson took an early retirement last year.

Another vacancy will open on the Circuit Court bench next year when Judge Michael Town reaches the mandatory retirement age of 70.

Town this month was honored by the Hawaii Bar Association with its "Golden Gavel" award, which recognizes outstanding service to the state or federal judiciary here.

But the most significant judicial appointment for Lingle, and one that has already generated controversy, will occur after Moon reaches his 70th birthday on Sept. 4, 2010, and takes mandatory retirement.

The Judicial Selection Commission, which submits names of qualified judicial candidates to Lingle, earlier this month began to solicit names of nominees to fill the Moon vacancy, a move that provoked a lawsuit against commission chairwoman Sheri N. Sakamoto.

The suit was filed by another member of the commission, attorney James Bickerton, who alleged that Sakamoto should have consulted with the commission first but instead "made a unilateral decision" to announce and publicize the expected vacancy of the chief justice position.

DELAY SUGGESTED

That lawsuit is pending.

Senate President Hanabusa had suggested in June that the state delay filling judicial vacancies as a cost-saving measure during tight budget times.

The idea, raised earlier by Moon with Attorney General Mark Bennett, was meant only as a cost-saving and temporary measure, and was not intended to deny Lingle the "opportunity to make judicial selections," Hanabusa wrote.

By delaying the appointment of an ICA judge for a year, Hanabusa said, the state could save as much as $485,957 in salary, fringe benefits and staff expenses.

A circuit judge costs the Judiciary approximately $392,516 annually — another source of savings if the replacement process was delayed, Hanabusa said.

The senator said she would join the governor and chief justice in a joint request to the state Judicial Selection Commission to "consider delaying" the submission of names.

Hanabusa noted that once the commission submits a list of nominees to the governor, the state Constitution requires that the governor and Senate — which confirms judicial appointments — act within specified periods on a nomination.