Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred Governor's Message No. 2, submitting for study and consideration the nomination of:

begs leave to report as follows:

Your Committee received testimony in support of the nominee from a United State Circuit Judge, United States Court of Appeals for the Ninth Circuit; six United States District Judges, United States District Court, District of Hawaii; two United States magistrate judges, United States District Court, District of Hawaii; the United States Attorney, District of Hawaii; the Federal Public Defender; an Assistant Federal Defender; the State Attorney General; an associate dean from the William S. Richardson School of Law; the Prosecuting Attorney, City and County of Honolulu; the Hawaii State Bar Association (HSBA); Appraisal Hawaii; eighteen attorneys; and five individuals.

The Board of Directors of the HSBA has found the nominee to be highly qualified to serve as an associate judge for the Intermediate Court of Appeals. As part of the HSBA Board's procedures for taking a position on judicial appointments, the candidate is asked to submit a resume, respond to a questionnaire, and to appear 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.

Your Committee finds that the nominee graduated with distinction with a BA from the University of Hawaii and cum laude with a JD from Harvard Law School. Currently, the nominee is an assistant United States Attorney, and was previously an associate at Goodsill Anderson Quinn & Stiffel. The nominee was also a law clerk to the Honorable Herbert Choy, United States Ninth Circuit Court of Appeals, and an Adjunct Professor of appellate advocacy at the William S. Richardson School of Law. The nominee is also a current member of the Hawaii State Bar Association and American Bar Association, and he served as a Director of the Hawaii State Bar Association from 1990 to 1991.

Your Committee finds that the nominee has received overwhelming support from the federal court community with unprecedented support from the federal bench. Further, the nominee has had twenty-two jury trials and fifty-three appeals filed with the United States Court of Appeals for the Ninth Circuit, and presented oral arguments in twenty-three cases. Based on this nominee's extensive experience in trial and appellate cases and recommendations from the legal community, your Committee believes that he would be an excellent addition to the Intermediate Court of Appeals.

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.