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The Honolulu Advertiser
Posted on: Saturday, November 17, 2007

Hawaii court nominee earns praise

By Derrick DePledge
Advertiser Government Writer

Katherine Leonard, Gov. Linda Lingle's nominee for judge on the state Intermediate Court of Appeals, was praised yesterday for her intellect, work ethic and courtroom experience during an overwhelmingly positive Senate confirmation hearing.

Senators on the state Senate Judiciary and Labor Committee heard uniform support for Leonard in both oral and written testimony.

Leonard, a partner with Carlsmith Ball LLP, told the committee she would bring extensive civil litigation and courtroom experience to the appeals court. She said her case management skills would also be an asset on a court that since July 2006 has had a higher caseload as the state's primary appellate court.

"I think these are important skills that not everyone on that court has experience with," Leonard said.

Several attorneys responded to concerns that had been raised by some senators in the news media about Leonard's lack of judicial experience.

None of the other five judges on the appeals court had judicial experience when appointed. Several attorneys said that while judicial experience can be an asset, it should not be a prerequisite. Other attorneys also questioned whether it is fair to hold Leonard to a standard the Senate did not apply to previous nominees.

State Attorney General Mark Bennett said Leonard — whom he described as possibly his best law student — emerged from the merit selection process of the state Judicial Selection Commission and is among the most respected partners in one of the state's largest firms. He said any question in the Senate that she might not be qualified for the appeals court "is something that is an enigma to every single practicing lawyer in this room."

The Hawai'i State Bar Association rated Leonard "qualified" and, at her request, publicly released a vote breakdown that showed the board was almost evenly divided between "qualified" and "highly qualified."

Jeff Portnoy, the bar association's president but speaking as a private attorney, said he wanted to dispel any notion among senators that judicial experience should be a requirement for the bench. He noted that former Hawai'i attorney Richard Clifton had no judicial experience when he was appointed by President Bush in 2001 to the 9th U.S. Circuit Court of Appeals. He also said John Roberts, the chief justice of the U.S. Supreme Court, had no judicial experience when he was appointed in 2003 to the U.S. Court of Appeals in the District of Columbia Circuit.

"If it does (become a requirement), it will destroy our appellate judiciary," Portnoy warned senators. "It should not be a litmus test."

Lisa Munger, an attorney who has recently represented Hawaii Superferry, told senators that women in the past have often faced different standards than men when trying to advance their legal careers. "This is a remarkable and hard-working woman who has done so much more than her peers and deserves your full consideration," she said.

The committee has scheduled a vote on Leonard's nomination Monday afternoon. The full Senate is expected to vote in special session Tuesday.

Senate sources said privately that some senators are apprehensive because Leonard does not have the same length of experience as the other judges on the appeals court had when they were appointed. Three of the judges now on the court also received "highly qualified" ratings from the bar association. Some have cited Leonard's lack of criminal law experience as a concern. Some also believe that others on the Judicial Selection Commission's list of potential nominees have more experience or are better suited for the appeals court.

But, unlike previous nominees whose confirmations were in doubt, Leonard did not face any tough questions by senators yesterday and the tone of the hearing was congenial.

State Sen. Brian Taniguchi, D-10th (Manoa, McCully), the committee's chairman, said he will digest the testimony and listen to what other senators think about Leonard. Asked, after listening to the testimony, whether judicial experience would be a factor in her confirmation, he said it would be considered.

"I think it's one of the factors that we do have to take into consideration. I still believe that," Taniguchi said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.