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 Judiciary Communication No. 1, 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), State Attorney General, thirteen attorneys, and five individuals.

The Board of Directors of the HSBA has found the nominee to be highly qualified to serve as a judge for the District Court of the First Circuit. 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.

The nominee received a B.S. degree from the University of Utah and a J.D. degree from Boalt Hall, University of California, Berkeley and has been licensed to practice in Hawaii state courts and the U.S. District Court in Hawaii since 1976, and the U.S. Court of Appeals for the Ninth Circuit since 1978. He practiced in commercial litigation for approximately twenty-six years with extensive experience in banking, foreclosure, construction, and oil company litigation. Further, the nominee is currently a per diem District Court judge for the First Circuit. He was also a law clerk for Chief Judge Samuel P. King, U.S. District Court, District of Hawaii. The nominee is also a member of the Hawaii Appellate Conference Program and Per Diem Judges' Committee, an arbitrator for the Hawaii Court Annexed Arbitration Program, and the chair for the HSBA Fee Dispute Committee.

Your Committee notes that the nominee is currently serving in a per diem capacity in the position to which he is being nominated. Thus, your Committee believes that this previous experience will assist and facilitate the nominee's transition to a permanent position as a District 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.