Lingle backs
judicial nominee

The former prosecutor faces renewed
questions about alleged misconduct

Gov. Linda Lingle has reaffirmed her support for Richard Bissen, whose nomination to a Maui circuit judgeship continued to face obstacles in the state Senate yesterday.

Richard Bissen: Gov. Lingle's pick for the Maui court has been acting director of public safety

In a hearing last week, Senate Judiciary Committee members questioned Bissen's failure to tell them that the Intermediate Court of Appeals accused him of "prosecutorial misconduct" while handling a criminal case on Maui.

Yesterday, Sen. Colleen Hanabusa, chairwoman of the committee, said Bissen may have been cited in "another instance" of prosecutorial misconduct.

Lingle said the committee's concerns regarding Bissen last week were the result "of a minor misunderstanding."

"The hearing last week painted a false picture," Lingle said, adding that she felt "very confident" that Bissen would be confirmed.

Bissen was the Maui prosecutor when Lingle was Maui mayor. He was picked by Lingle as first deputy to state Attorney General Mark Bennett. Lingle named Bissen as acting director of the state Public Safety Department last year.

Yesterday, Lingle met with two of the three Maui Democratic senators and discussed the Bissen nomination.

"You would expect her to step in. He was her prosecutor when she was on Maui, and he was someone she brought over with her when she took over," said Hanabusa (D, Nanakuli-Makua).

Bissen was picked by Lingle from a list of six compiled by the Judicial Selection Commission. The nomination is examined by the Judiciary Committee, which will make a recommendation to the Senate as to whether Bissen should be confirmed.

Last year, Ted Hong, Lingle's former collective bargaining representative, was nominated for a Hilo circuit judgeship. He had Judiciary Committee support, but his nomination failed on the Senate floor by a vote of 13 to 12.

Senators expressed concern last week because it was not clear if Bissen had fully disclosed a prosecutorial misconduct allegation in his interview with the Hawaii State Bar Association.

On Saturday, Bissen met again with the bar association, which reaffirmed its support for him, Lingle said.

Bissen met with senators yesterday. Although he declined to talk about his nomination, he confirmed Lingle's version of the bar association meeting.

Richard Turbin, president of the bar association, was unavailable for comment.

Lingle said she does not plan to testify on Bissen's behalf when the Judiciary Committee hearing continues on Thursday, but she said Bissen should be confirmed.

"If you look at it, he is supported by those who know him," Lingle said.

However, Hanabusa said she is looking at what she called "another instance of Mr. Bissen being cited for prosecutorial misconduct."

Hanabusa also said she disagreed with Lingle's characterization of Bissen's troubles as a "minor misunderstanding."

"I think as this unravels, this is major," Hanabusa said. "We don't know what will happen yet. Rick Bissen will be given a full hearing."