STAND. COM. REP. NO. 2785

                                    Honolulu, Hawaii
                                                      , 2000

                                    RE: GOV. MSG. NO. 147
                                        




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred
Governor's Message No. 147, submitting for study and
consideration the nomination of:

     RICHARD W. POLLACK, gubernatorial nominee to the Circuit
     Court of the First Circuit, for a term of Ten Years, 

begs leave to report as follows:

     Upon review of the background information submitted by the
nominee, your Committee finds that Richard W. Pollack holds a
B.A. degree with honors from the University of California at
Santa Barbara and a J.D. degree from the Hastings School of Law.
Mr. Pollack has served as the State Public Defender since 1987,
and has been with the Public Defender's Office for twenty years.
He is also an adjunct professor at the University of Hawaii's
William S. Richardson School of Law, where he has been teaching
for the past ten years.  In addition, Mr. Pollack's professional
and community activities include: the National Legal Aid and
Defender Association, Hawaii State Bar Association, Hawaii State
Judicial Conference, Board of Directors for Hoala School, the
Aloha United Way Fund Drive, Professionals for Drug Free Kids
Project, and Mililani Mauka Elementary School's School Community-
Based Management Program.

     Testimony in support of the nominee was submitted to your
Committee by:  the US Army Engineer District Counsel; the Federal
Public Defender; the Department of Budget and Finance; a retired
associate justice of the Hawaii Supreme Court; two retired
circuit court judges; the Hawaii State Bar Association; ILWU
Local 142; forty-two members of the Office of the Public

 
a                                                     
                                    STAND. COM. REP. NO. 2785
                                    Page 2


Defender; the Department of the Prosecuting Attorney for the
County of Maui; the Department of the Prosecuting Attorney for
the County of Hawaii; three faculty members from the University
of Hawaii's William S. Richardson School of Law; twenty-nine
members of the legal community; and thirteen private citizens.
Testimony in support of the nominee indicated that Mr. Pollack is
fair-minded, intelligent, possesses a legendary command of Hawaii
case law, and is a very hard-working individual that is highly
qualified to be a judge in the First Circuit Court.  Further,
testifiers acknowledged that Mr. Pollack is level-headed,
thoughtful, and someone who will strive to uphold the highest
standards as a member of the Judiciary.  Testimony in opposition
was submitted by the Prosecuting Attorney for the City and County
of Honolulu citing concerns regarding Mr. Pollack's lack of
recent trial and court experience and potential bias.  However,
several testifiers in support of the nominee spoke to the
concerns raised in opposing testimony and assured the Committee
that Mr. Pollack would not have any problems assuming his role as
a jurist.

     Your Committee members diligently questioned the nominee
regarding his thoughts on continuing education for circuit court
judges, and the importance of judicial performance review.  In
addition, your Committee questioned Mr. Pollack regarding the
concerns of potential biases towards Public Defenders, his lack
of experience in the court room, and his lack of experience with
the civil justice system.  Your Committee believes that the
nominee more than adequately responded to the Committee's
inquiries, and further offered thoughtful visions of his role as
a judge in the First Circuit Court.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee, after full consideration of the background, character,
experience, and qualifications of the nominee, has found the
nominee to be qualified for the position to which nominated and
recommends that the Senate consent to the nomination.


 
a                                                     
 
 
 
 
 
 
 
 
 
                                    STAND. COM. REP. NO. 2785
                                    Page 3


                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
a