Senate chief vows
to help judgesMaui Judge Mossman is the latest
By Gary T. Kubota
to retire because of low pay
Star-BulletinState Senate President Norman Mizuguchi has vowed to make judiciary pay raises a priority in the 1999 Legislature "so we can retain good judges."
Mizuguchi's statement follows Maui Circuit Judge Boyd Mossman's announcement yesterday that he is retiring from the bench at the end of the year because of low pay.
State Circuit Court judges earn $86,780 a year, and District Court judges, $81,780.
The average pay for a private law firm attorney with 15 to 24.9 years of experience was more than $135,000 a year in 1991, according to an Oct. 15 report by the Judicial Salary Commission.
The report says Hawaii judges are significantly underpaid, and Hawaii is the only state in the nation that has not increased the salary of its judges for the last eight years.
The commission recommends increasing all state judges' salaries by 27 percent, an increase in the state budget of about $2.1 million annually.
In Hawaii, there are 25 Circuit judges, 15 Family Court judges, 22 district judges, five state Supreme Court justices and four Intermediate Court of Appeals judges.
The commission notes that since 1992, 10 judges have left the Hawaii bench.
This year, in addition to Mossman, Circuit Judges E. John McConnell and James Aiona Jr. and District Judge James Dannenberg have retired.
The trend is worrisome for Hawaii's Chief Justice Ronald T.Y. Moon, who fears an increasing number will be leaving in the future.
"The continued loss of competent, experienced, and hard-working judges threatens to undermine the quality of justice," Moon said.
Mossman, 55, said he could no longer ignore the financial needs of his children, including four attending college and one at a private high school.
"I would prefer to stay, but see no other choice," Mossman said.
Mossman said he had no definite plans but will likely become involved in alternative dispute resolution, as have several other recently retired judges.
Mossman served as the Maui County prosecutor before becoming a district judge in 1983.
Gov. George Ariyoshi appointed him as Circuit Court judge a couple of weeks later.
Mossman rose to public attention in 1996 when he began a program in which some criminals were allowed to hold signs apologizing for their crimes, as an alternative to incarceration.
Mossman said many of those participating in the program were less likely to commit crimes in the future and that the program saved some $500,000 in housing costs to the state.
Those in the program included a 19-year-old man who stole a car and a 35-year-old mother caught with 1.6 grams of cocaine.
County Prosecutor Richard Bissen said Mossman's departure will be a "big loss" to the community because of his 15 years of experience.
"I'm very saddened the judge is leaving, because he's fair-minded, he's decisive, he's innovative," said Bissen.
Gov. Ben Cayetano vetoed a judicial pay increase in 1997.
Cayetano says he supports judiciary pay raises but wants to see changes in the judges' retirement system, so they are encouraged to remain on the bench rather than retire after 10 years.
Senate Judiciary Co-Chairman Matt Matsunaga said he's willing to support changes in the judiciary's retirement system if that would enable judges to get pay raises.
Matsunaga said the recent retirements underscore the need for pay raises for judges.
"The message was loud and clear last session," he said. "It's even . . . clearer now.
"Society depends on having a strong and independent system of justice, and you need good judges to do that."
