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 Judiciary Communication No. 3, submitting for study and consideration the nomination of:

begs leave to report as follows:

Your Committee received testimony in support of the nominee from the Hawaii State Bar Association (HSBA); the Hawaii State Representative from the Fifty-First Representative District; a law professor, a civil rights counselor, the UH-KCC Legal Education Department Chair, and the Director of the Program on Conflict Resolution of the University of Hawaii; the Director of the Policy and Planning Division, Chief of Intergovernmental and Community Relations, Director of Children's Justice Center, and Personnel Director of the Judiciary; the Boys & Girls Club of Hawaii; Domestic Violence Clearinghouse; The Estate of James Campbell; President of Government Efficiency Teams, Inc.; Legal Aid Society of Hawaii; Booklines Hawaii; Special Assistant to the State Librarian of the Hawaii State Public Library System; Administrator of the State Procurement Office; member of the State Board of Education; Graphic House; Xerox Hawaii/Micronesia; Hawaii Civil Rights Commission; thirty-five practicing attorneys; and twenty-one individuals.

The Board of Directors of the HSBA has found the nominee to be a highly qualified candidate. As part of the HSBA Board's procedures for taking a position on judicial appointments, the candidate was asked to submit a resume or respond to a questionnaire, or both, and appeared before the Board to answer questions. The HSBA Board utilizes a modified version of the American Bar Association Guidelines for Reviewing Qualifications of Candidates for State Judicial Office. These Guidelines include the following criteria for judicial positions: integrity, legal knowledge and ability, professional experience, judicial temperament, diligence, financial responsibility, public service, collegiality, and writing ability.

Testimony in support of the nominee indicates that he has extensive experience in arbitration, dispute resolution, and administration. He is currently the Administrative Director of the Judiciary and was the Director of the Judiciary's Center for Alternative Dispute Resolution (ADR). He has been described as very smart, hard working, and eager and willing to learn. He has a commitment to public service, fairness, and equity. Your Committee believes that his ADR experience and talents will serve him well as a judge.

Although without family law experience, your Committee believes the nominee possesses the requisite traits of a family court judge: wisdom, understanding, and experience as a father and husband. He is compassionate and hard working, a good listener, and possesses a keen understanding of the importance of allowing all parties and affected persons to be heard before making a decision.

Your Committee is most familiar with the nominee in his capacity as the Administrative Director of the Judiciary. Your Committee is impressed with the nominee's candor, integrity, cordiality, politeness, temperament, and helpful assistance. Overall, your Committee believes that the candidate will be an excellent family court judge.

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 consent to the nomination.