Senators cast doubt
on integrity of Maui
judicial nominee

The appointment of Richard Bissen to the Maui Circuit Court appears in trouble as several state senators question the former Maui prosecutor's integrity.

Bissen, acting director of the state public safety department and a former first deputy in the attorney general's office, was nominated for a Circuit Court judgeship on Maui.

Yesterday at Bissen's confirmation hearing, senators complained that Bissen had not told them that a case he prosecuted on Maui in 1993 was sent back for another trial by the Intermediate Court of Appeals in part because "the cumulative effect of prosecutorial misconduct deprived defendant of a fair trial."

"The issue is not so much the prosecutorial misconduct as the fact that he did not reveal it. That is the issue," Sen. Colleen Hanabusa, Judiciary Committee chairwoman, said after the hearing.

Hanabusa continued the hearing until Thursday and asked Richard Turbin, Hawaii State Bar Association president, if his organization had discussed Bissen's record and whether it had enough information to continue to recommend Bissen's appointment.

Maui's three senators -- Shan Tsutsui, Roz Baker and Kalani English -- met with Bissen yesterday and said afterward that they would continue to support him.

"We think we will be able to resolve the issue," Tsutsui (D, Wailuku-Kahului) said.

Baker (D, Honokohau-Makena) agreed that Bissen should be confirmed.

"We still support him, and we are confident he will make a fine judge," she said.

At yesterday's hearing, however, senators questioned Turbin after he said that the bar association backed Bissen. Turbin said an association screening committee had talked to Bissen but had just recently learned about the incident of prosecutorial misconduct.

"If you are looking at a person and you hear this about them, would this at least cause you to pause and wonder?" said Sen. Clayton Hee (D, Kahuku-Kaneohe).

Bissen attended the hearing but was not permitted to testify yesterday. He will appear on his own behalf next week.

After the hearing, Bissen said he had disclosed the intermediate court ruling, although he said he forgot to put it down on his application forms with the Judicial Selection Commission.

"I did come forward," Bissen said. "They haven't had a chance to ask me questions yet.

"I didn't recall being admonished by the court. They didn't reverse the case because of prosecutorial misconduct. They reversed it because of insufficient evidence, and they (sent) it back to the court because of the misconduct," he added.

Asked about how he thought the hearing would go next week, Bissen said: "I was worried before this. I wasn't overconfident, and I was prepared to answer questions."

A spokesman for Gov. Linda Lingle said she "had full confidence in her nominee."

Attorney General Mark Bennett, who attended yesterday's hearing, felt Bissen did nothing wrong.

"You can always have questions raised about whether you have an inappropriately phrased statement or an argumentative statement, but this has nothing to do with lying or dishonesty," Bennett said. "Rick is one of the most honest people I have ever met in my life and also one of the best lawyers."

Hanabusa said she was troubled that Bissen did not mention the case when he was asked if he had been cited or found at fault for misconduct.