The nomination of Randal Lee, Gov. Linda Lingle's choice for the state Intermediate Court of Appeals, is in trouble in the state Senate as senators prepare to vote today.

"I believe that he will not be confirmed," state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), predicted last night.

Hanabusa said senators are being influenced by the split vote by the Hawai'i State Bar Association on whether Lee is qualified. Some senators are also listening to criticism from several attorneys who have said Lee does not have the civil experience necessary for the appeals court, which is now the state's primary appellate court.

Lee, an O'ahu Circuit Court judge and former Honolulu deputy prosecutor, could not be reached for comment last night. He had said yesterday afternoon that he was still speaking to senators about his nomination.

Last week, the state Senate Judiciary and Labor Committee voted unanimously to recommend confirmation of Lee. But four senators voted with reservations after hearing from several attorneys with doubts about Lee's qualifications and fairness.

The bar association issued the unusual split decision after discovering an uncounted ballot after the association's board had already voted. Jeff Portnoy, the bar association's president, would not tell senators which way the association had voted before learning of the uncounted ballot because of confidentiality rules.

But several senators have seen the bar association's original finding on Lee, which was that he was not qualified for the appeals court.

"It's always a red flag if you can't get a qualified vote from the bar," said Jim Bickerton, an attorney who has asked senators to oppose Lee because of his lack of civil experience and the heavy caseload of the court.

Hanabusa said senators have been struck that several attorneys have been willing to publicly oppose Lee's nomination. Hanabusa also said Lee is only two years into his 10-year term on the Circuit Court and has time to hone his skills.

Attorney General Mark Bennett gave senators a letter Friday repeating his "strong and unqualified support" for Lee. Honolulu Prosecutor Peter Carlisle was at the Capitol yesterday talking with senators on Lee's behalf.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.