The Hawaii State Bar Association has issued a split decision on Randal Lee, Gov. Linda Lingle's nominee for judge on the state Intermediate Court of Appeals, with the association divided over whether he is qualified.

The deadlock could cause Lee some difficulty when he appears this morning for a confirmation hearing before the Senate Judiciary and Labor Committee.

The association had the option of finding Lee, an O'ahu Circuit Court judge and former deputy prosecutor, highly qualified, qualified or not qualified for the job. The association's board split between qualified/highly qualified and not qualified.

"I respect their decision, I'm just disappointed that they didn't look at all my qualities as a judge and as an attorney," Lee said.

Jeff Portnoy, the president of the bar association, said the board met and interviewed Lee on Monday and met again on Tuesday. Portnoy said he thought the board had a decisive vote on Lee but realized, after adjourning, that another vote had been cast by e-mail, creating the tie. Portnoy said he has the option as president to break a tie but the board had already adjourned and he did not want to attempt to do so under the circumstances.

"I don't think it's all that significant," Portnoy said of the circumstances. "I think that what's significant is, and people can draw their own conclusions, is that there is a divided board."

Lee has received support for his nomination but a few attorneys have contacted the Senate with concerns about some of his rulings.

The Senate Judiciary and Labor Committee's recommendation on Lee will be forwarded to the full Senate for consideration.

"I intend to go into tomorrow with the information we've been provided and try to be open-minded and evaluate the situation," state Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), the vice chairman of the committee, said yesterday.

"I understand that there may be some troublesome areas with regard to his confirmation but I'm not predisposed to any kind of decision without first giving him the opportunity to appear before the committee."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.