Gov. Linda Lingle's choice to lead the state Department of Public Safety may not be confirmed after a Senate panel voted yesterday against her nomination.

Iwalani White, who has served as the department's interim director since August, failed to win the recommendation of the Senate Public Safety Committee.

Several senators said privately after the 3-1 vote that White's prospects in the full Senate are doubtful. Lingle, in a statement last night, said she hoped the Senate would look beyond some of White's critics and see the progress she has made at the department.

"I believe that Iwalani White is the right person at the right time for this job, and therefore I believe the committee reached the wrong decision this afternoon," Lingle said.

White, if not confirmed, would be the first Lingle Cabinet nominee rejected by the Senate since she took office in 2002. The Senate, which has advice and consent power over the governor's top appointments, has turned down one judicial nominee and a few University of Hawai'i Board of Regents nominees.

The Senate Public Safety Committee heard about 10 hours of testimony at two public hearings on White, a former Honolulu deputy prosecutor and Family Court judge nicknamed "The Hammer." Several Public Safety workers testified under subpoena and criticized White's leadership and management skills, while her supporters described her as firm and consistent with the necessary backbone to be an agent of change.

NOT 'THE RIGHT PERSON'

The department has had several directors over the past few years and has been the subject of federal investigations over its treatment of prisoners. The U.S. Department of Justice, in findings that were released publicly by the state at her first hearing, found that the department had violated the constitutional rights of mentally ill inmates at the O'ahu Community Correctional Center by subjecting them to harmful methods of isolation and restraint.

The problems were documented in October 2005, well before White became interim director, and the state expects to reach an agreement with the Justice Department to avoid a federal lawsuit.

But several mental health workers at the department, including a psychologist hired to improve conditions for mentally ill inmates statewide in response to the Justice Department's investigation, told the committee that White has undermined the effort.

State Sen. Will Espero, D-20th ('Ewa Beach, Waipahu), the committee's chairman, said White has considerable experience and qualifications but has created an environment of fear, distrust, uncertainty and low morale within segments of the department. He cited her lack of communication with key staff and her questionable handling of internal investigations as examples.

"Despite Ms. White's record of accomplishments and public service, I do not believe that she is the right person to lead the department in the coming years," Espero said.

POLITICAL PROCESS

State Sen. Paul Whalen, R-3rd (Kohala, Kona, Ka'u), said he feared the confirmation process has become too political. He said the role of the Senate should be to determine whether a nominee is qualified, not to micromanage or evaluate personality conflicts within a department.

"I just think we're going down a slippery path here, so I can't go along with your recommendation. I'm sorry," Whalen told Espero, triggering applause from White's supporters in the hearing room.

But Espero said White was treated fairly and that his decision was not about politics. He said the Senate's task is to offer advice and consent, not to rubber stamp the governor's nominees.

"If that were the case, why are we even here?" Espero asked.

After the vote, White, in between consoling hugs from colleagues, told reporters she extended her gratitude to the committee for its consideration.

"This is an important decision. And I would also like to thank the people who supported me. My friends, my colleagues, people in the law enforcement field, people in the legal field, the people from the union and just my dear and close friends, for their support," she said.

"We're looking forward to the Senate vote. I don't know when that's going to be, but we will continue our efforts."

Earlier this month, the Senate confirmed former Honolulu deputy prosecutor Glenn Kim as a Circuit Court judge despite a negative recommendation from the Senate Judiciary and Labor Committee. But Kim had an impeccable resume and only two former colleagues gave testimony against him. Lingle, state Attorney General Mark Bennett and Honolulu Prosecutor Peter Carlisle also personally lobbied senators to save Kim's nomination.

UPHILL BATTLE?

Similar attempts may be made in the coming days to help White, but the volume of opposition is much greater. Espero described it yesterday as unprecedented for a nominee.

All three Democrats on the Senate Public Safety Committee — Espero, state Sen. Clarence Nishihara, D-18th (Waipahu, Crestview, Pearl City), and state Sen. Norman Sakamoto, D-15th (Waimalu, Airport, Salt Lake) — voted against White. Whalen, the only Republican on the committee, voted in favor.

Several senators said it is unlikely that majority Democrats would go against Espero's recommendation.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.