STAND. COM. REP. NO. 3467

Honolulu, Hawaii

RE:    JUD. COM. NO.  6

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred Judiciary Communication No. 6, submitting for study and consideration the appointment of: 

DISTRICT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII

     j.c. nO.  6   shirley m. kawamura

                   for a term to expire in six years,

begs leave to report as follows:

     Your Committee has reviewed the resume submitted by the appointee and finds Shirley M. Kawamura to possess the requisite qualifications to be appointed to the District Court of the First Circuit, State of Hawaii.

     Testimony in support of the appointment of Ms. Kawamura was submitted by the Department of the Prosecuting Attorney of the City and County of Honolulu and forty-one individuals.  Comments were submitted by the Board of Directors of the Hawaii State Bar Association.

     The Hawaii State Bar Association Board of Directors found the appointee to be qualified for the position of District Court Judge, First Circuit, based on established criteria for determining the qualifications of judicial and executive appointments generally using the American Bar Association Guidelines for Reviewing Qualifications of Candidates for State Judicial Office.  Specifically, the Board uses the following criteria in its deliberations:  integrity and diligence, legal knowledge and ability, professional experience, judicial temperament, financial responsibility, public service, health, and responsibilities and duties required of the position for which the applicant has been nominated.  The Board's rating system includes the categories of "qualified" and "not qualified."

     Ms. Kawamura received her Bachelor of Arts degree in Sociology at Brown University, and her Doctorate of Jurisprudence from Stanford Law School.  She currently serves as an Associate Attorney with Kawashima Lorusso, LLP, focusing on the areas of personal injury; wrongful death; professional legal, accounting, broker, and medical malpractice; business, real estate, and contract disputes; and flood cases.  She previously served as a Senior Felony Trial Deputy with the Office of the Public Defender.  As a Deputy Public Defender, she researched, prepared, and argued appellate briefs and substantive motions; gained extensive bench and jury trial experience; and managed and directed hundreds of criminal cases to successful resolution in District, Family, and Circuit Courts of the State of Hawaii.  Since August 2010, she has served as a Per Diem Judge for the District and Family Courts in the First Circuit.

     Ms. Kawamura is licensed to practice law in Hawaii.  She has previously served on the Legal Aid Board of Directors and as a member of the Defender Council.  She also volunteers her time as a member of the Foster Parents Association and hopes to become a foster parent in the future.

     Testimony in support of Ms. Kawamura's appointment commends her experience in the private and public sectors.  Her strong litigation experience, including numerous criminal jury trials, serves her well in becoming an outstanding jurist.  She has the sincerity, compassion, and people skills that distinguish her from many other candidates.  She is hardworking, fair, and extremely knowledgeable about civil and criminal cases, and has been able to seamlessly transition from criminal law as a former Deputy Public Defender to an effective civil litigator.  Lastly, as a Per Diem Judge, she has demonstrated that she is fully capable of meeting the high demands of a full-time District Court Judge.

     As such, your Committee finds that, based on testimony submitted on her behalf, Shirley M. Kawamura has the experience, temperament, judiciousness, and other competencies to be a District Court Judge.  She has a good sense of where the equities, rights, and responsibilities lie in a case, which is essential for a District Court Judge.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee, after full consideration of the background, experience, and qualifications of the appointee, has found the appointee to be qualified for the position to which appointed and recommends that the Senate consent to the appointment.

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

____________________________

CLAYTON HEE, Chair