honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Friday, March 16, 2007

Judicial confirmations require factual basis

StoryChat: Comment on this story

The state Senate has the duty and the right to provide advice and consent to the governor on key appointments. But anyone watching how this process played out this week in the case of judicial nominee Glenn Kim must question how carefully politicians are weighing the facts.

Sen. Clayton Hee heads the powerful Senate Judiciary Committee, which has the right to grill gubernatorial appointees and issue a thumbs-up or -down before the entire Senate votes.

By a 3-2 vote, the committee this week turned thumbs down on Kim, a Honolulu deputy prosecutor and the governor's nominee as a judge in the state's First Circuit. Hee was joined by the vice chairman, Sen. Russell Kokubun, and Sen. Clarence Nishihara in that vote. Sens. Lorraine Inouye and Mike Gabbard supported Kim's confirmation.

What's disturbing about this recommendation is that the committee has not provided the Senate with a clearly reasoned basis for its decision, guidance it needs if it's to make a final decision, on schedule, sometime today.

The Senate should review the entire body of evidence and make its decision accordingly, rather than merely relying on the panel's review.

Kim's academic record is stellar, and there's a thick file of testimony and letters praising his legal acumen and high ethical standards.

The Judiciary Committee appears to have based its decision on the testimony of two former prosecutors who worked with Kim. Their contention is that Kim lacks integrity and has shown disrespect, especially toward women.

Hee said he gave great weight to the criticism because such critics rarely come forward; one insisted on being subpoenaed. They also came from separate periods in Kim's career, he said.

Fine, but the criticism is still subjective; it's also countered by numerous testaments to the contrary, by Kim's resume and by the weight of his 13 years as a prosecutor.

When Kim denied the allegations, Hee interpreted that self-defense as an inability "to weigh all sides of issues," which is a diminished judicial temperament.

That's a stretch.

The only other complaint Hee brought into the record is a chiding for occasional rough language. That's clearly weak grounds for rejection.

The committee should offer a firm, factual basis for its decision. So far, it hasn't presented that guidance.