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Senate confirms The appointment of civil-rights attorney Daniel R. Foley to the Intermediate Court of Appeals has been confirmed by the state Senate.
Foley, 3
other judges
Those who fear Foley will
The votes
support gay marriage vow to
target senators who OK'd him
By Crystal Kua
Star-BulletinCheers and jeers rang out in the Senate gallery yesterday following the 14-8 roll-call vote.
Foley, who took on controversial issues involving gay couples, T-shirt vendors and prisoners' rights, was one of four judges confirmed yesterday.
Confirmed unanimously were David Lo to the Honolulu District Court, Clifford Liwai Nakea to the Kauai Circuit Court and Derrick H.M. Chan to the Oahu Circuit Court.
Foley's supporters believe he is one of the top constitutional experts in Hawaii who helped fashion constitutions in other parts of the Pacific.
"He has been described as an articulate and thoughtful speaker, as a superb writer and as a distinguished attorney with a national reputation of the successful defender of constitutional rights," said Sen. Matt Matsunaga (D, Palolo), co-chairman of the Senate Judiciary Committee, which voted to recommend confirmation.
His critics fear Foley will push for legalization of gay marriages. The Alliance for Traditional Marriage and Values organized demonstrations against Foley and the protesters vowed to target senators who voted in favor of confirmation.
"A vote for this nominee is a vote for same-sex marriage in Hawaii, plain and simple," said Sen. Marshall Ige (D, Kaneohe) who voted "no."
Sen. Robert Bunda (D, Wahiawa) says Foley should not have been nominated.
"It is clear to me that public perception of Dan Foley's ability to be a fair and impartial judge is reason enough to oppose his confirmation," he said.
Sen. Colleen Hanabusa (D, Waianae), who supported Foley's confirmation, said those opposing him are using "civil rights" as if it were a bad word.
Hanabusa, an attorney who has worked with and against Foley in cases, said he is "not afraid to take on politically incorrect issues."
She found it "disconcerting" that people would define an attorney based on his clients.
A woman in the gallery had to be escorted out of the chambers by uniformed officers after an outburst directed at Hanabusa.
"She is not representing the people," the woman said.
This is how senators voted in confirming Dan Foley to the Intermediate Court of Appeals: The roll-call vote
FOR (14): Matt Matsunaga, Colleen Hanabusa, Avery Chumbly, Jonathan Chun, Suzanne Chun Oakland, Carol Fukunaga, David Ige, Les Ihara, Andy Levin, Bob Nakata, Rod Tam, Joe Tanaka, Brian Taniguchi and President Norman Mizuguchi.
AGAINST (8): Whitney Anderson, Sam Slom, Norman Sakamoto, Brian Kanno, Cal Kawamoto, Ron Menor, Marshall Ige and Robert Bunda.
NOT PRESENT (3): Lorraine Inouye, David Matsuura and Jan Buen.
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