Judge Lim confirmation
receives support

By Craig Gima
Star-Bulletin

The Senate Judiciary Committee today is likely to recommend Circuit Judge John Lim be confirmed to the Intermediate Court of Appeals, Co-Chairman Matt Matsunaga (D, Palolo) says.

Lim is the judge in the Kimberly Pada attempted murder case whose controversial jury instruction was criticized by some jurors as being too confusing. Pada was essentially convicted of attempted manslaughter rather than attempted murder in the severe abuse of Reubyne Buentipo Jr.

Because Pada is still awaiting sentencing, Lim could not talk about the case. But public defender Richard Pollack said Lim's instructions actually prevented the jury from considering a lesser verdict of assault.

Pollack said Lim noticed a flaw in the standard jury instructions, a flaw that is now being addressed by a committee of judges and lawyers and may lead to changes in the instructions.

"It's unfortunate that so much has been made about the Pada case," Pollack said.

Another deputy public defender told the committee Lim has given the same instruction in previous cases and the prosecution had an opportunity to appeal it before it was presented to the jury.

Lim's nomination was supported by two deputy prosecutors who submitted written testimony.

The Hawaii State Bar Association gave Lim its highest rating for the position. Other lawyers praised Lim's knowledge, compassion and work ethic. Gov. Ben Cayetano appointed Lim to the Circuit Court in 1995.

The International Brotherhood of Electrical Workers also submitted testimony backing Lim. Lim worked as an electrician for seven years before returning to Harvard and the Stanford Law School.

"We, at IBEW 1186, are proud to learn that a former Journeyperson Electrician and member of IBEW 1186, has been nominated to the Hawaii State Intermediate Appellate Court," business manager Thomas Fujikawa said in written testimony.

Matsunaga said the problem in the Pada case is with the law rather than the judge and said the Legislature is working on a bill that will change the law.