Judge in
Pada case up
for higher post

Judge John S.W. Lim wins praise
despite a debated jury directive

By Craig Gima
Star-Bulletin

Gov. Cayetano says he expects the state Senate to question Judge John S.W. Lim about a controversial jury instruction in the Kimberly Pada attempted-murder trial, but he also expects senators to keep an open mind about Lim's promotion to the Intermediate Court of Appeals.

Cayetano appointed Lim to the state's second-highest court yesterday. The appointment is subject to confirmation by the Senate.

The jury in the Pada case found her guilty of attempted murder in the near-fatal beating of her son, Reubyne Buentipo Jr., but a jury question from Lim essentially reclassified the verdict to attempted manslaughter. Pada is now facing 20 years instead of life imprisonment.

"Everything that I've heard from the other judges tells me that Judge Lim was right in what he did (in the Pada case)," Cayetano said. "He acted with courage, and that's what I expect of our judges."

"I think he's going to be an outstanding appellate court judge, and one day, I expect him to be sitting on the Supreme Court," Cayetano added.

Honolulu Prosecutor Peter Carlisle, who criticized Lim's decision in the case, praised his selection as an Appeals Court judge.

"Obviously, I wasn't real happy with his jury instruction in the Pada case, but overall he was fairly even-handed. He certainly wasn't obviously defense-oriented," Carlisle said. "He was intelligent and conducted himself appropriately at the Circuit Court level."

Senate Judiciary Co-Chairman Avery Chumbley (D, Kihei) said one occurrence should not be a reason for denial, but the committee will be questioning Lim about his decision.

"We will be making sure during the confirmation hearing that Judge Lim is asked what happened, why did it happen, how can future occurrences be prevented from happening," Chumbley said.

The jury in the Pada trial was asked if the prosecution met its burden of proving Pada was not under extreme mental and emotional disturbance. Because one juror answered no, the verdict of second-degree attempted murder was reduced to attempted manslaughter.

Under state law, a person cannot be convicted of murder if he or she was under extreme mental and emotional distress.

Since the verdict, the House and Senate Judiciary Committees both passed laws changing the emotional-distress defense.

The Buentipo case also led to changes in child abuse laws and their enforcement.

Cayetano nominated Lim to a 10-year appointment as one of four judges on the Intermediate Court of Appeals. He replaces Associate Judge Walter Kirimitsu, who left in January to become University of Hawaii general counsel. Associate judges make $89,780 a year.

Cayetano appointed Lim to the Circuit Court in 1995. Previously, he was a District Family Court judge and received his law degree from Stanford University and his undergraduate degree at Harvard University.

If Lim is confirmed to the Appeals Court, his replacement on the Circuit Court could be named after the Legislature has adjourned. That may require a special session of the Senate to confirm Lim's replacement, Chumbley said.

But Cayetano said it is also possible that the Judicial Selection Commission may wait until next year to name a replacement, and the Judiciary may name a temporary judge until then.

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