Judge quits bench
due to low pay, high
cost of living

By Crystal Kua
Star-Bulletin

Raising the pay of state judges has to clear two roadblocks, a state senator says.

Sen. Matt Matsunaga, co-chairman of the Judiciary Committee, said the proposal would have to win approval of the Legislature's money committees and the governor.

"The need for a pay raise is significant and obvious," Matsunaga said.

Matsunaga's comments came after the announcement yesterday by Circuit Judge James Aiona Jr. that he will leave the bench effective Dec. 30. Aiona cited the inadequacy of judges' pay coupled with Hawaii's high cost of living as the reason.

Aiona, 43, said it has become increasingly difficult for him during the past eight years to provide for the welfare of his family. "I can no longer ask my wife and four children to continue to make the kind of personal sacrifices that would allow me to remain on the bench," he said.

"It's certainly understandable why he's leaving," Circuit Judge Victoria Marks said.

Marks, administrative judge for criminal cases, said the pay raise issue could also affect the Judiciary's "excellent" reputation nationwide.

"I think it's at risk," she said. "You can't keep asking people to make personal sacrifices of income, time, effort with no return."

She also said that with the rising cost of living and no raise since 1990, judges have actually taken a pay cut.

The annual salaries now range from $81,780 for district judges to $94,780 for the chief justice.

The Judiciary committees in both houses of the Legislature have supported a pay raise for judges in the past two sessions, Matsunaga said.

A pay package for judges made it through the 1997 Legislature but was vetoed by Gov. Ben Cayetano because it did not address the issue of judicial retirement benefits.

Lawmakers this session debated a recommendation from the Judicial Salary Commission that would have given judges a 5 percent raise for three years retroactive to July 1996 with future hikes tied to those won by government employees through collective bargaining.

Matsunaga said the money committees decided not to fund the pay raises at the same time they opted not to fund collective-bargaining raises.

"It obviously hurts our ability to attract and obtain qualified judges for the bench," Matsunaga said. "We've seen several judges step down for that very reason. Judge Aiona is a big loss to the Judiciary. He's made several contributions and other aspects."

Since 1992, 10 judges have left the bench and Aiona will make it 11.

The state's poor economy could also play a role in whether a pay raise for judges is approved next year, state Rep. Calvin Say said.

"All judges do deserve a pay raise but it's just the tough economic times that we live in as far as giving them a pay raise," Say said. "Most of the individuals who apply to be judges do it for the public service also."

Say, chairman of the House Finance Committee, also commented on Aiona's departure.

"I'm really sorry to hear that Judge Aiona, who's a good friend and classmate, has resigned from the court," Say said. "He was a really a strong advocate of the drug court."

"I think the state of Hawaii is losing a marvelous judge. ... I'm going to miss Judge Aiona," said Marks, the administrative judge for criminal cases.

Aiona intends to work as a mediator, arbitrator, consultant and special master.