[ OUR OPINION ]
Hong should be
confirmed as circuit judgeGOVERNOR Lingle's nomination of Ted Hong to be a circuit judge on the Big Island is drawing opposition in the state Senate, ostensibly because of his temperament. A more likely basis for the opposition is his activism as an interim regent of the University of Hawaii. That opposition is inappropriate and fails to recognize Hong's appreciation of the impartiality and cool-headedness required on the bench. He is no Judge Judy.
THE ISSUE
The Senate Judiciary Committee is scheduled to consider the governor's nomination of Ted Hong to a circuit judgeship on the Big Island.
Judicial nominees are evaluated on the basis of competence, integrity and temperament. The first two pillars are fairly objective. The third is vague, described by the American Bar Association as including compassion, open-mindedness, freedom from bias and commitment to equal justice.
"To some extent, one can define it as saying I know it when I see it," former ABA President Jerome Shestak, of Philadelphia, has said. Politicians too often have distorted that instinctive judgment, abusing the standard as a means of opposing judicial nominees on political or ideological grounds.
Sen. Lorraine Inouye, former Big Island mayor, says she believes Hong lacks adequate judicial temperament to be a judge. "He's so outspoken," she says. "I really feel for all those who have to go before him in court."
Senate Judiciary Chairwoman Colleen Hanabusa says she is undecided. She calls the nomination "divisive and controversial," partly because of Hong's opposition as a UH regent to the West Oahu campus, a proposed campus that this newspaper supports.
A highly experienced attorney, Hong, 46, has served as a Hono-lulu deputy corporation counsel, a Big Island assistant and acting corporation counsel, a Honolulu deputy prosecutor and a private practitioner on the Big Island. As the state's chief labor negotiator, he is known to have been low key, praised by adversary Russell Okata, head of the Hawaii Government Employees Association, as "accessible and forthright." Okata says Hong is "bright, hard-working and understands the issues."
Hong has been able to distinguish between his roles as attorney, advocating assertively in the best interest of his clients, whether governmental or private, and as a UH regent, where he has relished "speaking my mind, speaking openly" and "speaking candidly" in "taking sides on particular issues." He adds, "As I judge, I do not have that luxury." UH President Evan Dobelle has called interim regent Hong "hostile," while faculty union director J.N. Musto has said Hong "is one of the most responsive regents."
Hong's nomination is not an example of patronage to a political supporter. His name was among six forwarded to Lingle by the Judicial Selection Commission, a submittal that amounts to a certification of his credentials. In the absence of overwhelming evidence to the contrary, Hong should be confirmed to the bench.
