STAND. COM. REP. NO. 3584

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  GOV. MSG. NO. 311
                                        




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. 311, submitting for study and
consideration the nomination of:

     SIMEON R. ACOBA, JR., gubernatorial nominee to the State
     Supreme Court, 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 Simeon R. Acoba, Jr., holds a
B.A. degree from the University of Hawaii and a J.D. degree from
Northwestern University School of Law.  Further, Judge Acoba has
served as a state jurist since 1979, having been first appointed
as a per diem judge for the District Court of the First Circuit,
and subsequently serving as a judge in the Circuit Court of the
First Circuit, and most recently as an Associate Judge for the
Intermediate Court of Appeals.  His legal experience prior to his
service as a judge included positions as legal counsel for
several government agencies and a private law practice which
included both civil and criminal litigation.  Additionally, Judge
Acoba has served in a variety of positions in the legal
community, including Hawaii Supreme Court Bar Examiner, member of
the Hearing Committee for the Office of Disciplinary Counsel,
member of the Medical Claims Conciliation Board, member of the
Committee to Consider the Adoption of the ABA Model Rules of
Professional Conduct, Member of the Supreme Court Committee on
Pattern Civil Jury Instructions, Chair of the Ad Hoc Committee
related to Jury Master List, member of the Hawaii Supreme Court
Judicial Education Committee, member of the Hawaii Supreme Court

 
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Permanent Committee on Rules of Penal Procedure and Circuit Court
Rules, member of the Certification of Legal Specialist Committee,
and Chair of the Judiciary Incentive Awards Committee.  Beyond
his legal career, Judge Acoba has also participated in several
civic organizations, including the Legal Aid Society, the Hawaii
Mental Health Association, the Nuuanu YMCA, and the Kalanianaole
Athletic Club Board.

     Testimony in support of the nominee was submitted by the
Office of the Federal Public Defender for the Districts of Hawaii
and Guam, retired Judge E. John McConnell, retired Justice
William S. Richardson, the Personnel Director for the Judiciary,
the State Public Defender, the Chief Deputy Public Defender, five
deputy public defenders, the General Counsel for the University
of Hawaii, Hawaii Pacific University Justice Administration
Program, the Filipino Women's Civic Club, Sadiri Ti San Nicolas
International Hawaii Chapter, the National Employment Lawyers
Association Hawaii Chapter, and 80 private citizens and members
of the legal community.  In summary, the testimony indicated that
Judge Acoba is an experienced jurist, who possesses a highly
developed knowledge of the law and of judicial procedures.
Further, Judge Acoba is viewed as a fair, unbiased deliberator
who makes his decisions based strictly upon the facts of the case
and the current law.  Additional comments mentioned his sense of
efficiency and proficiency in ensuring that his rulings and
opinions were issued in a timely manner.  Finally, many
individuals who have worked for and argued before Judge Acoba
acknowledge his diligent work ethic and strong sense of ensuring
that justice is served upon all who come before him.  Testimony
in opposition to the nominee was submitted by the Prosecuting
Attorney for the City and County of Honolulu who criticized the
Judge's rulings as being impractical and overly technical in
several cases.

     Your Committee members diligently questioned the nominee
regarding his legal background and philosophies, his rulings and
the cases in which his rulings were overturned, and his opinions
of several recent Hawaii Supreme Court decisions.  Further, your
Committee requested his thoughts and views on the privacy
provision of the Hawaii constitution, the need for an  evaluation
process for jurists sitting at the appeals level courts, the need
for constitutional rights for crime victims, and the constitution
as a "living" document.  Your Committee also inquired about the
criticisms of his rulings in certain cases.  Your Committee
believes that the nominee adequately responded to the Committee's
inquiries.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your

 
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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.

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



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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