StarBulletin.com

Kubo's confirmation overridden by doubts


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POSTED: Saturday, January 30, 2010

More questions and calls for further information have forced the state Senate Democrats to put off the judicial confirmation vote on Ed Kubo until Wednesday.

Kubo, former U.S. attorney for Hawaii, had been nominated to the state Circuit Court by Gov. Linda Lingle, but the Senate Judiciary Committee was deadlocked 3-3 on his nomination, with the chairman, Sen. Brian Taniguchi, recommending against his nomination.

Yesterday, Gov. Linda Lingle was still supporting Kubo and thought he would win next week.

“;I think Ed should get confirmed, and he will be confirmed if people vote based on his lifetime experience, his commitment to the community. I don't think there is any substantive reason to deny him or vote against,”; Lingle said.

Fellow Republican Sen. Sam Slom (R, Hawaii Kai-Diamond Head) called the committee vote “;outrageous.”;

“;If we go by the testimony and the questions asked and answered, this is a fine man who should be seated on the bench,”; Slom said.

But Senate President Colleen Hanabusa (D, Nanakuli-Makua) said the Democrats have enough questions to postpone the vote. The vote on Kubo's nomination was supposed to have been taken yesterday.

She and Taniguchi (D, Manoa) are planning the unusual tactic of holding a hearing or briefing even after the committee has taken a vote.

“;Yes, the vote has been taken, there is a request from senators not on the committee ... there is some concern about members wanting further information,”; Hanabusa said.

Taniguchi said he originally was supporting Kubo, who also won the praise of two mayors, House Speaker Calvin Say and several Democratic House members. But Taniguchi said he did not like the way Kubo answered questions about several incidents on his legal record.

Kubo had been admonished by a judge for failing to return to court after a trial was interrupted by a power failure, and Kubo did not include that in his legal record.

“;When he came to our hearing yesterday and we asked him why he didn't do it, he said he had made a determination, he seems to have consciously made a determination not to disclose it,”; Taniguchi said.

Other senators had said they were concerned about Lingle's tendency to appoint attorneys with a background as prosecutors and not appointing more female judges.

Lingle agreed that she does look for prosecutorial experience, but said she would not adhere to a quota system.

“;Before I came into office, there was an imbalance in the number of public defenders on the bench,”; Lingle said, adding that she thinks the community appreciates her looking for prosecutors.

“;I think the community appreciates that someone who has a heart for the victims of crime, not only for the accused, but for those who have suffered from those crimes,”; Lingle said.