New status for
district judge
leaves an opening

By Debra Barayuga
Star-Bulletin

After 13 years as an active federal judge, U.S. District Judge Alan C. Kay will assume senior status Jan. 2.

He is eligible at the end of the year under the "Rule of 80," which allows active judges who qualify to seek senior status and continue to render judicial service or retire.

District judges are eligible for senior status once they reach the age of 65 and when their total years of service and age equal 80. Kay is 67 years old.

A vast majority choose to seek senior status rather than retire. Those who take senior status can accept a reduced caseload but still render substantial service to the court. Kay is not expected to cut back on his work any time soon.

"My caseload now is as heavy as it's ever been and I look forward to continuing presiding over cases," Kay said.

He will preside over the upcoming death penalty trial of Richard L.T. Chong, and recently was assigned two civil suits seeking to halt the closure of the Honolulu Star-Bulletin.

Kay's move to senior judge creates a vacancy on the four-member District Court. President Clinton will appoint a judge with the advice and approval of the U.S. Senate.

While Hawaii qualifies for a fifth judgeship, approved by the 9th Circuit and recommended by the National Judicial Conference, Congress still needs to approve it.

"At this point, Congress does not seem amenable to approving new judgeship positions," Kay said.

Kay was appointed by President Reagan in 1986. He joins two other senior judges in Hawaii -- Martin Pence and Samuel P. King.

Kay served as chief judge from 1991 to 1998. He served as chair of the 9th Circuit Chief District Judges in 1997 and 1998. He also was a member of the Judicial Council of the 9th Circuit, the 9th Circuit Pacific Islands Committee and the 9th Circuit Rules Review Committee.

Kay also is a counselor for the Aloha Inn, American Inn of Court at the University of Hawaii Law School.

Kay was born and raised in Hawaii. He received a doctorate of law from the University of California, Boalt Hall.

He enlisted in the U.S. Marine Corps in 1953 and was honorably discharged two years later after service in the Far East. He practiced law with the law firm of Case, Kay & Lynch.

Before joining the bench, he was on the board of directors of Bank of Hawaii and Hawaii Bancorp, and the Economic Development Corporation of Honolulu.

He also has served on the board of the Legal Aid Society and the Prison Good News Mission.