OUST vs. Harmon - Witness Shelton Jim On

Maui attorney, CPA; George W. Bush “Ranger”; Oahu campaign finance chairman for Linda Lingle; Director, Hawaii State Board of Education; member Judiciary Selection Commission.

Gov. Lingle will pick the next chief justice unless
the people alter the Constitution

Gov. Linda Lingle says she wants the next chief justice of the Hawaii Supreme Court to be a hard-working legal scholar who will not legislate from the bench.

Candidates would not be favored if they were prosecutors, "but it wouldn't hurt their chances, either," the Republican governor said in a recent interview with the Star-Bulletin.

Although Attorney General Mark Bennett has been mentioned in legal circles as a top contender, the governor said it is too early to mention any names.

But in explaining the qualities she would like to see in judges, Lingle made clear that she believes they should interpret laws and leave legislation to elected officials.

Her remarks suggest that her appointment of the state's next chief justice could be monumental for the five-member high court. Known for a long tradition of rendering "activist" decisions, the court has been hailed by civil rights advocates but criticized by others as going beyond reviewing and applying the laws.

Lingle's appointment would be the first time that a Republican governor would name a chief justice in more than 40 years. Democratic Gov. John Burns appointed William Richardson in 1966, and Democratic governors appointed the next two: Herman Lum and the current chief justice, Ronald Moon.

The only way Lingle would be prevented from making the appointment is if state lawmakers place on this fall's ballot -- and voters approve -- a proposed constitutional amendment to lift the mandatory retirement for judges who turn 70.

Unless the state Constitution is amended, Moon must retire when he turns 70 on Sept. 4, 2010, about three months before Lingle's term expires.

The state Senate approved a controversial measure last week that raises the mandatory retirement age to 80, and sent the proposal to the state House. But key senators acknowledge that it will be difficult for the amendment to pass because voters rejected a similar proposal in 2006 that eliminated the mandatory retirement provision. Voters rejected the amendment by 80,000 votes, 58 percent to 35 percent.

"It's an uphill battle," said Sen. Brian Taniguchi, Senate judiciary chairman. "I'm not going to die if the bill dies."

Senate President Colleen Hanabusa agreed with the prognosis. "I'm not sure it will make it out of the Legislature because we just put it on the ballot," she said.

Taniguchi maintained that he views the proposal as a civil rights issue against age discrimination and a "compromise" by retaining the retirement age but raising it to 80.

Opponents, including Lingle, contend the measure is aimed at preventing her from naming the next chief justice.

Bennett and City Prosecutor Peter Carlisle, who opposed the 2006 proposal, submitted testimony in opposition to the current measure before Taniguchi's committee last month.

The proposal's supporters include the Hawaii Government Employees Association and the Japanese American Citizens League.

Republican Sen. Fred Hemmings, who voted against the measure last week, said in an interview that the proposal was "petty politics at its worst."

"I think they (Democrats) will try to do whatever they can to put it on the ballot," he said.

Taniguchi said he believes Moon is doing an "all-right job," but said the motivation behind the measure is not to keep him as chief justice. The senator noted that Moon was a Republican before he got to the bench.

The speculation that Bennett will be Lingle's choice has been fueled by his role as a trusted adviser to the governor. In addition, his was one of three names Lingle submitted to the White House for a lifetime tenure as a U.S. district judge here. In 2005, President Bush chose Michael Seabright, now a federal judge, from the list.

The speculation prompted Taniguchi to ask Bennett at last month's hearing about the chief justice's job.

In an interview, Bennett gave the same answer he gave to the senator: If the job somehow opened up now, he would not apply for it.

"My plans right now are, when I'm done as attorney general, to return to private practice and/or teach," he said. "But I would not even begin to speculate about what my feelings might be in two years."

Lingle's appointment would be subject to Senate approval. The Democratic-dominated Senate has rejected some of her appointments, including Ted Hong to the Circuit Court and Randal Lee to the Intermediate Court of Appeals.

But if Lingle gets the names for Moon's replacement early in 2010 and her appointment is rejected, she would be able to name another person from a list of four to six names submitted by the Judicial Selection Commission.

If the Senate rejects all of her choices, the commission would chose the chief justice from its list, according to the state Constitution. The commission's selection would not be subject to Senate approval.

Hanabusa said "it's almost positive" that Bennett will be appointed by the governor. She said one of the criticisms is that he is sometimes almost "overzealous" in representing the administration over the legislative and judicial branches. Hanabusa cited his efforts against the mandatory retirement amendment that was placed before the voters by the Legislature in 2006.

Hemmings, however, said he is a "big fan" of Bennett and applauded him for his work with prosecutors and police in pushing for legislation. "It's hard to deny his success and record," Hemmings said.

Another name mentioned is Mark Recktenwald, a former assistant U.S. attorney who was Lingle's director of the Department of Commerce and Consumer Affairs before the governor named him chief judge of the Intermediate Court of Appeals last year.

Hanabusa said Recktenwald is considered a good administrator and would have support, but indicated senators might wait to see how he does as the chief appeals court judge.

Recktenwald said he has been chief judge for only about 10 months and is focused on doing a good job. "I haven't given consideration to anything else," he said.

Lingle's appointment would oversee a Hawaii Supreme Court whose history includes expanding the public's rights to beaches and surface waters; recognizing the rights of native Hawaiians go onto private property for traditional religious and food gathering practices; and striking down laws the court believed infringed on the rights of criminal defendants.

In its landmark and highly controversial case, the high court issued a 1993 decision that paved the way for same-sex marriages in Hawaii. That ruling prompted state lawmakers to complain that the court was creating new law, and it led to a constitutional amendment that essentially negated the ruling.

"I continue to try to reflect what the public would like to see in a judiciary, and that is a judiciary that really interprets the laws that elected people pass rather than try to make law as a judge from the bench," Lingle said.

Lingle notes that unlike the three previous Democratic governors, she is not a lawyer who might be familiar with judicial candidates. She suggests that helps bring a fresh prospective to her judicial appointments.

Because her appointments are for 10-year terms, the judges Lingle has selected -- and will select -- will remain on the bench for years after she leaves office.

Lingle said she wants her legacy to be that the courts will be a place where people "get a fair shake."

"I think the very highest achievement you can have for a judiciary is that the average citizen of a state or of a country will get fair treatment no matter who they are," she said.

The Judicial Selection Commission reviews and evaluates applications for all judicial vacancies, and vote, by secret ballot, to select qualified nominees. Established by a 1978 state constitutional amendment, the Commission is governed by the Judicial Selection Commission Rules.

The names of the nominees are then forwarded to the appropriate appointing authority. The governor is the appointing authority to nominate judges of the Supreme Court, Intermediate Court of Appeals, and Circuit Court for an initial ten-year term. The governor selects appointees from a list of not less than four and not more than six names submitted by the Judicial Selection Commission. The commission submits a list of at least six names to the chief justice who nominates judges for district and district family court to six-year terms. All nominations are subject to confirmation by the state senate.

The Commission also determines whether a justice or judge shall be retained in office. The Commission publicizes the fact that a justice or judge is seeking retention so that all persons who might have an interest in the matter be informed of the opportunity to comment.

Comments about justices and judges seeking appointment or retention should be submitted to:

Contact Information:
Judicial Selection Commission
417 South King Street
Honolulu, Hawai`i 96813-2902
Telephone: (808) 538-5200

The Commission is composed of nine members, no more than four of whom may be lawyers. The members, who serve staggered six-year terms, are selected or elected as follows:

Chairperson
Rosemary T. Fazio	Chairperson
Philip Hellreich	Vice-Chairperson
Shelton G.W. Jim On	Secretary

Member	Term	Appointing/Electing Authority
Susan Ichinose	04/02/07 - 04/01/13	(Bar)
Frederick Okumura	04/02/07 - 04/01/13	(CJ)
Melvin I.Chiba	04/02/02 - 04/01/08	(Senate)
Rosemary T. Fazio	04/02/03 - 04/01/09	(Bar)
Thomas Fujikawa	04/02/03 - 04/01/09	(House)
Philip Hellreich	04/02/03 - 04/01/09	(Governor)
Shelton G.W. Jim On	04/02/05 - 04/01/11	(Governor)
Ralph R. LaFountaine	04/02/05 - 04/01/11	(House)
Sheri N. Sakamoto	04/02/05 - 04/01/11	(Senate)
Frederick T. Okumura	04/02/07 - 04/01/13	(CJ)

The Judicial Accountability Initiative Law, J.A.I.L., is a single-issue national grassroots organization designed to end the rampant and pervasive judicial corruption in the legal system of the United States. J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn't, resulting in the judiciary's arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

Attorney Shelton Jim On, who was rejected by the Senate when Gov. Linda Lingle nominated him as a University of Hawaii regent, will fill the remainder of Lex Brodie's term on the state Board of Education.

Lingle announced his appointment yesterday, saying the public deserved to have the benefit of his experience and abilities regardless of the 14-11 Senate vote against him in April.

"Their poor judgment earlier doesn't influence me now," she said. "I know he'll do an outstanding job. Shelton has a tremendous professional background, a demonstrated commitment to public service and outstanding work ethic."

Brodie resigned from the board, which sets policy for the public schools, last month for health reasons. Jim On will take his place until Brodie's term ends in November 2004. The appointment requires no confirmation.

"I'm going into this with a complete open mind and no agenda," said Jim On, a product of Hawaii's public schools whose parents were public school teachers, along with his sisters and aunts. "I look forward to working closely with the board and the community to find constructive solutions to the many challenges facing our education system, as well as to build upon the strengths of our public schools."

Jim On was born in Paia, Maui, and moved to Wahiawa with his family when he was 11. He had intended to follow his family's teaching tradition, studying education at the University of Hawaii after graduating from Leilehua High School in 1968. But when he graduated from college in 1972, teaching jobs were scarce, he said, and he wound up going into law instead.

"My whole family's in education," he said. "I'm honored to have the opportunity to serve in such a critical position."

A former Republican Party officer who worked on Lingle's campaign, Jim On said he agrees with the governor's desire to create local school boards and to remove principals from the union, but he does not plan to push an agenda.

"My positions are very consistent with what she has set forth as her education platform," he said, "but I want to remain open-minded in all respects. The most important thing for me is to work with each and every member of the board."

In voting earlier against Jim On, senators said they were concerned that he was not prepared to answer questions on university issues, such as autonomy and community colleges. Republicans denounced the nominee's rejection as "petty politics."

Sen. Donna Kim (D, Kalihi Valley-Halawa), a leading opponent of Jim On's nomination as regent, declined to comment on the new appointment yesterday. But Sen. Fred Hemmings (R, Lanikai-Waimanalo) said he expected Jim On to shake things up.

"Shelton Jim On is a man of great courage, and he is not going to be afraid to speak up for honest reform," Hemmings said. "I think Shelton is going to be an agent for change."

Karen Knudsen, vice chairwoman, said she expects Jim On to bring a lot to the board.

"It seems to me that his professional background, his community service commitment and his own personal experience with the public schools will make him a well-rounded, contributing board member," Knudsen said.

A graduate of the University of San Francisco School of Law, Jim On specialized for the past 20 years in insurance defense litigation and professional malpractice cases. He served as deputy attorney general from 1979 to 1983, and he spent two years as a trial lawyer with the Office of the Public Defender.

Jim On also passed the certified public accounting exam, and he said he hopes that background will come in handy as the Department of Education struggles with a tight budget.

"I hope that I can use my skills to find potential areas of financing and pockets of revenue that were not considered," he said. "I have the skill at least to look at the budget and understand where money can be efficiently applied."

His previous experience in civic affairs includes serving on the Makiki Neighborhood Board and as a member of the 2001 Reapportionment Commission.

Jim On expects to be sworn in at the Board of Education's next meeting on Aug. 7.

Gov. Linda Lingle has appointed two Honolulu attorneys to join her Cabinet as department directors.

Mark Recktenwald, an assistant U.S. attorney based in Honolulu for most of the last decade, was named director of the Department of Commerce and Consumer Affairs.

Nelson B. Befitel, a labor attorney and family friend to Lingle, was named director of the Department of Labor and Industrial Relations.

To date, Lingle has chosen five of 16 directors. Earlier, she announced her choice of Mark Bennett as attorney general, Georgina Kawamura as director of budget and finance, and Micah Kane as director of Hawaiian home lands.

Recktenwald, 47, is a prosecutor in the white-collar crime section of the U.S. attorney's office and was one of the lead prosecutors in the federal case against real estate developer Sukamto Sia. He also negotiated healthcare fraud settlements including a $3.4 million settlement with Kapi'olani Health, $1.5 million with Wilcox Memorial Hospital and $2.1 million with physician Dr. Sze Ming Suen.

"Gov. Lingle's election gives us a historic opportunity to encourage the growth and diversification of Hawai'i's economy," he said. "The eyes of the business community in the world will be on Hawai'i over the next few years to see if we can make the changes that we need to make in order to make Hawai'i a place where business can prosper and not just get by."

Recktenwald said he will ensure that the agency's enforcement actions are "firm, swift, but also fair."

Recktenwald also was a prosecutor in the criminal division, including the smuggling of illegal aliens via fishing boats to Hawai'i from China.

He is the only one of Lingle's Cabinet, to date, to have been chosen from an advisory transition team designed to make recommendations on leadership posts to the governor. Attorney Shelton Jim On, who headed a committee that reviewed applications for the commerce and consumer affairs post, said more than 100 people submitted resumés.

Befitel, 37, unlike Recktenwald, is a known entity to Lingle. The governor, as a new resident of Moloka'i 27 years ago, rented a room from Befitel's family for 10 years. He also served as her campaign's attorney.

A former deputy corporation counsel for Maui County, Befitel has spent the last few years as a litigation attorney with the law firm Damon Key Leong Kupchak Hastert practicing mainly in labor and employment law.

"We need to make Hawai'i more business-friendly, we need eliminate our antibusiness reputation," Befitel said. "And at the same time, we need to ensure that the rights and the interests of our working families are protected. I can assure you that both the labor unions and the business community will be heard in this administration. Both will have a voice."