Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred Governor's Message No. 1, submitting for study and consideration the nomination of:

begs leave to report as follows:

Upon review of the resume, written statement of the nominee, and testimony, your Committee finds that Mark J. Bennett holds a B.A. degree in Political Science, summa cum laude, from Union College, and a J.D. degree, magna cum laude, from Cornell Law School. He was most recently a partner at McCorriston Miho Miller Mukai MacKinnon, LLP, and previously served as Assistant United States District Attorney in Hawaii and as Special Assistant Prosecuting Attorney, City and County of Honolulu. He was a law clerk to the Honorable Samuel P. King, Chief Judge, United States District Court, District of Hawaii, and an Adjunct Professor of Law at the William S. Richardson School of Law.

Testimony in support of the nominee was received from Judiciary; Federal Public Defender; City and County of Honolulu Department of the Prosecuting Attorney, Hawaii County Department of the Prosecuting Attorney, Kauai County Department of the Prosecuting Attorney; Office of Hawaiian Affairs; Hawaii Medical Association, Alston Hunt Floyd & Ing, HGEA-AFSCME, Galiher DeRobertis Nakamura Ono Takitani; Roeca Louie & Hiraoka; Cronin, Fried, Sekiya, Kekina & Fairbanks; Hosie Frost Large & McArthur; Jackson Godbey Griffiths; Godbey & Griffiths; Matsui Chung Sumida & Tsuchiyama; Kobayashi Sugita & Goda; Ashford & Wriston; Winer Meheula & Devens; Goodsill Anderson Quinn & Stifel; McCorriston Miller Mukai MacKinnon LLP; Price Okamoto Himeno & Lum; and eighteen individuals. Testimony in opposition was received from the Hawaii Political Action Council of Hawaii and one individual. The Hawaii State Bar Association stated that it is presently evaluating the process by which comments on appointments are made and is unable to provide comment on the appointment.

Your Committee diligently questioned the nominee regarding his qualifications and objectivity to be Hawaii's chief law enforcement officer. Your Committee also questioned the nominee on his administrative skills and his plans for the organizational structure of the Department of the Attorney General. Your Committee further questioned the nominee in particular about his assistance to the Department of Hawaiian Home Lands regarding the recent evictions and his plans to help guide the Child Support Enforcement Agency, two difficult and controversial areas. Your Committee is satisfied with the nominee's responses and objectivity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs 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 advise and consent to the nomination.