Senate approves
isle judge nomineeThe 22-3 vote confirms
Simone Polak as a
District Court judge
The Senate voted 22-3 yesterday to confirm the appointment of Maui Deputy Prosecutor Simone Polak to become a District Court judge despite a "not qualified" rating from the Hawaii Bar Association.
The vote comes just two weeks after senators denied a judgeship for Gov. Linda Lingle's chief negotiator, Ted Hong, who was also deemed "not qualified" by the bar association.
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& Hawaii Revised StatutesThe Senate voted 13-12 on March 12 to reject Hong's appointment to a seat on the Circuit Court bench in Hilo. Hong's detractors cited questions about his temperament and the negative rating from the Bar Association.
Lingle nominated Hong for the appointment. Polak was nominated by Chief Justice Ronald Moon, who makes appointments to the District Court and Family Court benches.
Polak, 43, has been a deputy Maui prosecutor for the past 15 years. She fills the vacancy created by the retirement of Eric Romanchak.
The bar association found Polak not qualified because she lacks substantive civil litigation or Family Court experience.
"I detect some hypocrisy on the Senate floor," said Sen. Sam Slom (R, Diamond Head-Kalama Valley) of the 10 Democratic senators who voted for Polak and against Hong.
Maui Sen. Roz Baker, who voted against Hong but for Polak, said the bar association's reason for its negative rating on Hong had to do with his judicial temperament, "a quality that one has and is not something that can be acquired with experience," while its reason for Polak's rating had to do with her failure to meet an unrealistic standard.
"In my view the Hawaii State Bar Association overreached on this one," Baker said.
Three senators voted against both appointments.
Sen. Gary Hooser (D, Kauai-Niihau) said the bar association's negative rating is the primary reason he voted no on Polak.
"I trust the recommendation of the Hawaii State Bar Association. I have doubts about the nomination for the sensitive and important judicial appointment, and I wish to have no doubts when fulfilling my own important responsibility in this process," he said.
The other two senators who voted against both nominees were Sens. Norman Sakamoto (D, Salt Lake-Moanalua) and Donna Mercado Kim (D, Kalihi-Aiea).
Slom said the senators who voted against Polak did so "to cover their okole over what they did to Ted Hong."
The 10 senators who voted for Polak but against Hong were Baker (D, Honokohau-Makena), Suzanne Chun Oakland (D, Li-liha-Kalihi), Willie Espero (D, Waipahu-Ewa Beach), Carol Fukunaga (D, McCully-Honolulu), David Ige (D, Halawa Heights-Pearl City), Les Ihara Jr. (D, St. Louis Heights-Kaimuki), Lorraine Inouye (D, Waimea-Waiakea Uka), Brian Kanno (D, Waipahu-Honokai Hale), Cal Kawamoto (D, Pearl City-Waipahu) and Shan Tsutsui (D, Kahakuloa-Paia).
Kawamoto, a retired Air Force fighter pilot, said he voted against Hong because of his opposition to a University of Hawaii campus in West Oahu but in favor of Polak because she served in the Air Force Reserve.
After the vote, Polak said she hopes the bar association will take another look at its process to review judicial nominees.
"I do hope that the process will be examined, and beyond that I'm just very, very happy and I'll try to do my very best," Polak said. She cited the bar's negative evaluation of her as a cause for concern and a reason for examining the process.
The bar's ratings are based on an evaluation process that looks at a candidate's professional competence, judicial temperament and integrity. Failure to meet all three standards results in a negative recommendation.
The Associated Press contributed to this report.
