Gov. Linda Lingle yesterday nominated Mark Recktenwald, chief judge on the state Intermediate Court of Appeals, to fill a vacancy on the state Supreme Court.

Recktenwald was director of the state Department of Commerce and Consumer Affairs under Lingle until the governor named him to the appeals court in 2007. He also was a former assistant U.S. attorney who handled white-collar and environmental cases. Recktenwald graduated from the University of Chicago Law School and Harvard University.

Recktenwald would replace former Associate Justice Steven Levinson, who retired from the Supreme Court at the end of last year. His nomination is subject to confirmation by the state Senate.

"Judge Recktenwald is an extremely competent jurist who will bring extensive knowledge of the law and the judicial system to the Supreme Court," Lingle said in a statement. "He is a man of high moral character and a dedicated public servant. He will bring a strong work ethic and a collaborative attitude to the bench. Over the last six years I have known him, he has demonstrated fairness, integrity, common sense and compassion in all his work. I am confident that Judge Recktenwald will serve with distinction on Hawai'i's highest court."

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), said many senators expected that Lingle would choose Recktenwald. She said she had not heard any serious objections to his nomination but believes some senators will raise concerns about the impact on the appeals court.

Hanabusa said Recktenwald has performed well as chief judge in leading the appeals court during a time of transition. The appeals court is now the state's primary first venue for appeals.

"In this period of transition for the Intermediate Court of Appeals, I think that he will be a loss," she said.

Hanabusa said some senators might also be concerned that Recktenwald has only been a judge for about two years. "I think what some senators would like to see is continuity," she said.

State Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), who serves on the Senate Judiciary and Government Operations Committee, praised Lingle's selection.

"Outstanding choice. Outstanding individual. He should have no trouble getting Senate concurrence," he said.

Recktenwald is Lingle's second appointment to the state's highest court, which has five judges. She named Associate Justice James Duffy in 2003. The Republican governor is also expected to select a replacement for Chief Justice Ronald T.Y. Moon, who faces mandatory retirement in 2010.