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Nothing but praise
for a ‘regular guy’
A role model for Filipinos,
By Debra Barayuga
many laud the breadth of his
judicial experience, his
intelligence and temperament
Star-BulletinWhile growing up, Willie Domingo was encouraged by church elders to study hard, go to college, be humble and respectful -- to be like "Manong Sim."
The result? You'll go far, parents in the Aldersgate United Methodist Church in Palama told him many times.
"Manong Sim," known to most as Simeon Acoba Jr, has gone far, and is about to become one of the top judges in Hawaii.
Acoba, 56, faces what most believe will be a smooth confirmation to the Hawaii Supreme Court after a vote of confidence by the Senate Judiciary Committee.
And while there has been criticism about his longtime friendship with Gov. Ben Cayetano, who nominated him to the post, many say the breadth of his judicial experience, his intelligence and temperament make him well-suited for a seat on Hawaii's highest court.
Acoba declined to be interviewed, saying it would be premature since the Senate has yet to cast a full vote, but he hoped he would be confirmed.
Of the 100-plus letters received by the Senate Judiciary committee on Acoba's nomination, the only public opposition came from city Prosecutor Peter Carlisle, who acknowledged the judge's legal abilities but criticized some of his rulings in criminal cases and his emphasis on "technical details."
But many others who know Acoba personally and professionally, and have watched his steady climb from district court judge to appellate judge, say his appointment is long overdue.
"This is Sim's turn," Domingo said. "It's his slot." Acoba was the first and only Filipino judge Domingo and the church congregation knew personally and regarded as one of their own.
Domingo's respect for "Manong Sim" (Manong is a title of respect and Sim is short for Simeon), 12 years his senior, goes back to the day Acoba, still in law school, showed up on the Domingos' Kalihi Valley doorstep selling pots and pans. While Acoba didn't make a sale, Domingo was impressed with his efforts to pay his way through school.
Despite all that he has attained, Acoba today remains humble, polite, respectful -- a success story from Kalihi and a source of pride to fellow church members.
"He's Filipino, but more so, the character of the man really impresses me," Domingo said.
Civil attorney Corey Park has known Acoba since their undergraduate years at the University of Hawaii.
Acoba was very serious, almost judicious, Park said. "What always struck me about him -- which is why he'd make an excellent Supreme Court justice -- is he's very principled and articulate."
"It's important for an appellate court judge to be able to express himself clearly, and I think he does that."
In the courtroom, Acoba exhibits a serious and somewhat stern demeanor. But it can be misleading.
During recent arguments before the Hawaii Supreme Court at the University of Hawaii Law School, labor attorney Lowell Chun-Hoon saw two sides to Acoba:
He was relentless when questioning an attorney who appeared to be less than candid.
But he was also patient and supportive of another attorney who was earnestly trying but wasn't terribly effective in bringing out the underlying issues of the case.
Acoba demonstrated a range of personal attributes that in the broadest sense, enhanced access to justice, Chun-Hoon said.
Acoba had high expectations of counsel that appeared before him.
"You didn't want to be caught unprepared in his court because he'll take you to task," said Domingo, a state public defender for nearly 13 years and now a federal public defender.
"You never lacked for motivation when you appeared before Judge Acoba."
Honolulu attorney Howard Luke has worked for many judges while working as staff attorney for the U.S. District Court in the Mariana Islands and he's convinced Acoba is the best candidate at this time.
Acoba has the characteristics of a great jurist -- integrity, fairness and compassion, Luke said.
"I've never seen Judge Acoba sacrifice his perception of what the law says in favor of what he personally may feel on an issue," he said.
Acoba always does his homework and is very much the legal scholar, Luke said.
When Luke complained 18 years ago to another judge about the "dearth of legal writing in the courts," he was told to look to Acoba.
"That person was correct," Luke said.
Acoba's work ethic is a trait civil attorney Russ Awakuni still carries with him from his first job out of law school working for Acoba.
Awakuni, president-elect of the Young Lawyers Division, clerked for Acoba in 1993 until the judge's appointment to the Intermediate Court of Appeals in 1994.
At his appearance before the Judiciary Committee, Acoba said he authored 301 decisions, of which only 16 were reversed by the higher court.
Acoba's rulings demonstrate a knowledge and commitment to the Constitution and protection of individual rights, said Kate Stanley, who met Acoba in 1975 and is deputy director of the state Department of Human Services.
"With large bureaucracies, sometimes people are treated arbitrarily and they need to have recourse to the courts," she said.
"We need judges who ensure people's individual rights aren't trampled on."
That commitment, however, has opened Acoba up to criticism. In the 1980s, it was popular to attack judges in the name of fighting crime, said Stanley, a former legislator and chairwoman of the House Judiciary Committee who received her share of criticism.
Acoba "kept his own counsel and demonstrated restraint."
"He's always been one to do the right thing by his own profession and his own convictions," said Domingo, who worked for attorney Walter Chuck. Chuck successfully defended Acoba before the Hawaii Supreme Court for throwing a prosecutor in jail for 24 hours.
Acoba had found Deputy Prosecutor Kenneth Nam in contempt for turning his back to him during a court session in 1982. Nam at the time said he did so to hide his contempt for a ruling Acoba made.
Deputy public defender Joyce Matsumori-Hoshijo has filed briefs and argued before the Intermediate Court of Appeals and Hawaii Supreme Court and Acoba has issued decisions on a number of cases she's handled.
While a number of his rulings were favorable to the defense, she always found his opinions, to be "well-reasoned and persuasive," and showing no personal bias.
Acoba's research abilities are highly regarded, she said. "We recognize when a legal opinion is well-researched and well-written."
Acoba's opinions show he keeps up with the latest developments and trends in criminal law across the country, she said.
Attorney Will Tungol described his occasional golf partner as "humble," "soft-spoken" and a "regular guy" who never forgot his roots.
Acoba was also a visionary, said Tungol, former deputy attorney general.
Classmates recall that when Acoba was involved in student government at the University of Hawaii, he was instrumental in organizing a symposium on civil rights and getting people to assist with voter registration in Alabama.
Among the guests he invited as speakers were Martin Luther King Jr. and Malcolm X, Tungol said.
Added Luke: "At a time when the nation was evolving from institutionalized bigotry to greater tolerance, he was there at the forefront, and for that I respect him very much."
Acoba graduated from law school and became successful at a time when doors open today to non-Caucasians were not open back then, Luke noted.
For critics to attribute Acoba's nomination to his longtime friendship with Cayetano ignores his legal and scholarly abilities, his supporters say.
"I don't think who the justice has as friends has anything to do with his demonstrated ability," Stanley said.
Acoba was appointed to the District Court by Chief Justice William Richardson, to the Circuit Court by former Gov. George Ariyoshi, to the Intermediate appeals court by Gov. John Waihee and now to the Supreme Court by Cayetano.
"I'm sure if it was a different governor they would have made the same appointment," Stanley said.
Simeon R. Acoba Jr.
Age: 56
