Diary

The supremes

Ain’t no state court high enough for these six nominees.


Hawaii Supreme Court / Judicial decisions, on first read, can seem dry, even boring. And, sure, some of them are a little inaccessible. But they can also be salacious, rife with conflict, dramatic and, frankly, beautiful. They reflect who we are as a society and determine where we are going.

So it’s no small task to select a new member of the state’s highest court, a five-judge entity led by Chief Justice Ronald T.Y. Moon. With the 2008 retirement of Associate Justice Steven H. Levinson, that process is once again underway.

Gov. Linda Lingle is requesting public comment on the six nominees to the Hawaii Supreme Court, which is responsible for hearing complaints regarding elections, and addressing legal questions from federal courts, circuit courts, land court and tax appeal court. The justices also determine rules for how state courts are run, and regulate and discipline the state’s attorneys. Candidates must be Hawaii residents and United States citizens, and licensed to practice law in the state at least 10 years preceding their nomination. No one is permitted to hold the position past the age of 70.

Lingle is required to make her decision in mid-February, within a 30-day period since Jan. 20, when she announced the following nominees.

Daniel R. Foley

Current gig: Associate judge, Intermediate Court of Appeals

Specialties: For more than a decade before being appointed a judge, Foley specialized in federal and state civil rights issues.

Career highlights: Civil rights professor at the University of Hawaii; legal director at Hawaii’s chapter of the American Civil Liberties Union; partner at Partington & Foley; legal counsel to various Micronesian government bodies.

Education: University of San Francisco, University of San Francisco Law School

In his words: No comment

Contact: 539-4698

Sabrina S. McKenna

Current gig: Judge, Circuit Court of the First Circuit

Career highlights: Judge, District Court of the First Circuit; assistant professor at University of Hawaii’s William S. Richardson School of Law; instructor in business law at University of Hawaii’s College of Business; corporate secretary and general counsel for Otaka, Inc.; associate at Goodsill Anderson Quinn & Stifel.

Education: University of Hawaii’s William S. Richardson School of Law

In her words: “Each of the nominees would bring unique experiences and perspectives to the Hawaii Supreme Court and would serve the people of Hawaii honorably and pursuant to the rule of law.”

Contact: 539-4220

Craig H. Nakamura

Current gig: Associate judge, Intermediate Court of Appeals

Specialties: Before his nomination to the Intermediate Court of Appeals, Nakamura specialized in prosecuting federal crimes involving fraudulent schemes, tax offenses, environmental crimes and public corruption.

Career highlights: Assistant United States attorney; director of the Hawaii State Bar Association, adjunct professor at University of Hawaii’s William S. Richardson School of Law; law clerk for Judge Herbert Choy in the U.S. Court of Appeals, Ninth Circuit.

Education: University of Hawaii, Harvard Law School

In his words: No comment

Contact: 539-4206

Steven M. Nakashima

Current gig: Partner at Marr Hipp Jones & Pepper

Specialties: Nakashima has litigated on behalf of employers on the state and federal level in cases involving discrimination, disability issues and wrongful discharge claims. He advises employers based on wages issues, drug testing, pregnancy, sexual orientation discrimination and more. He has represented county governments in fair labor litigations.

Career Highlights

District judge in the District Court of the First Circuit; law clerk in the U.S. Court of Appeals, Ninth Circuit; law clerk in the Hawaii attorney general’s office, law clerk in the Oregon attorney general’s office.

Education

University of Hawaii, Willamette University Law School

In his words

“I have qualifications to be a judge on the Supreme Court. Besides the ability, I have had the experience in private practice and having been at the district-court level and also having sat at the circuit-court level so I have a good understanding of the workings of the court system. But I am interested in the position because I believe that I would like to make a difference. Any one of the six of us are eminently qualified to be on the Supreme Court. For me, I’m flattered just to be on the list with the rest of the people. I am probably, realistically, a long shot but you never know unless you try.”

Contact: 536-4900

Mark E. Recktenwald

Current gig: Chief judge, Intermediate Court of Appeals

Specialties: As Hawaii’s assistant U.S. attorney, Recktenwald served as a prosecutor in the criminal division, specializing in civil fraud cases and focused on white-collar and environmental crimes.

Career highlights: Director of the Hawaii Department of Commerce and Consumer Affairs; assistant United States attorney; partner at Marr Hipp Jones & Wang; associate at Goodsill Anderson Quinn & Stifel; law clerk for Chief Judge Harold Fong, U.S. District Court.

Education: Harvard University, University of Chicago Law School

In his words: No comment

Contact: 539-4750

Frances Q.F. Wong

Current gig: Judge, Circuit Court of the First Circuit

Specialties: Wong has spoken out against juvenile detention, citing studies that show detaining troubled youth does not help them in the long run.

Career highlights: Judge, District Family Court; partner at Hall & Wong; associate at Edmunds Hall & Weinberg; associate, Hart Leavitt Hall & Hunt.

Education: University of Hawaii, University of Southern California Law School

Contact: 539-4440


Once the governor makes her selection, the Senate must confirm the appointee before it can be made official. To weigh in on the nominees, one of whom will be elected to a 10-year term, e-mail the governor at [email: governor.lingle], or send a fax to 586-0006 by 5pm on Friday, Jan. 30.