CRAIG T. KOJIMA / CKOJIMA@STARBULLETIN.COM
Circuit Judge Marie Milks disposed of her last case in her judicial career yesterday, dealing with prison escapee Albert Batalona.
Judge garners praise
as she retires from bench
Circuit Judge Marie Milks spent her last day on the bench yesterday sentencing a convicted murderer to two life terms, issuing warrants for defendants and reducing fines for some well-known prison escapees.
After nearly 24 years as a state judge -- the last 20 at Oahu Circuit Court -- Milks wore her black robe for the last time in public yesterday.
The first female judge appointed to the Circuit Court in 1984, Milks, 59, declined requests for interviews, saying she wanted to go quietly.
Defense attorneys, public defenders and prosecutors had high praise for Milks, who has presided over many high-publicity cases, most notably the multiple-murder trial of copy machine repairman Byran Uyesugi.
Fair. Compassionate. Smart. Quick-thinking. No-nonsense. Tough on attorneys. These are some of the terms they used to describe her.
"Uyesugi was the largest criminal trial in the last 50 years in the state of Hawaii, and both the prosecution and defense specifically requested her to be the judge because both sides thought she could be fair," said city Prosecutor Peter Carlisle, who also lauded the way Milks' issues rulings.
"She's decisive -- that's important in a judge and she's got that," he said.
Jerel Fonseca, one of two lawyers who defended Uyesugi, said Milks handled the trial and treated the attorneys with courtesy and fairness.
"She considered all evidence and testimony in a manner I thought went above and beyond what other judges or juries would have done," Fonseca said.
"She's willing to listen to all arguments and not prejudge the case."
Uyesugi is serving a life term without parole for killing seven of his Xerox coworkers in November 1999.
Underneath her judicial demeanor, Milks has a sense of humor, said private attorney Nelson Goo, who represented Halawa prison escapee Albert Batalona.
At his sentencing for drug offenses yesterday, Kelii Ross Hamel said he gave up his girlfriend as Milks had recommended so he could focus on his drug rehabilitation, to which Milks quipped, "My new career is marriage and girlfriend counseling."
Goo noted: "She was pretty fair to criminal defendants. Sometimes she slammed them, but we knew what to expect."
Milks' background as a trial and appellate attorney for the state Public Defender's Office gave her valuable trial experience that followed her to the bench, attorneys say.
"I think her public-defender background helped because she was very good in the courtroom -- very smart with the rules of evidence, rules of procedure, and she had a working knowledge of objections and admission of evidence," said Deputy Prosecutor Lori Wada, who said she fought to get her cases heard by Milks. "She often tells me, 'I don't like sometimes doing what I have to do, but it's the law and you have to do it' -- and that's how I know it's fair."
State Public Defender Jack Tonaki called Milks "an old-school judge -- very demanding of the attorneys that appeared before her, but she herself was always very prepared and knowledgeable and approached the law with great intellect and did a very commendable job in that time."
When the gavel fell one last time, Milks quietly slipped away to her chambers and was last spotted handing out bookmarks and thanking people she has encountered over the years.
The bookmark reads, "Ahuwale ka po'okela i kau hana ia ha'i." It is through the way you serve others that your greatness will be felt.
