I’m trying to understand the debate over the qualifications of Katherine Leonard to be named Chief Justice of the Hawaii Supreme Court.
It’s risky for the Hawaii Bar Association to rate her as unqualified. Certainly, being on the wrong side of a chief justice who could be on the job for two decades is not something you rush out and embrace because of the legitimate fear of retaliation.
Did you catch Larry Geller’s listing of job responsibilities of the CJ?
It makes very clear that the powers and responsibilities of the Chief Justice, and presumably the qualifications, are far different and more complex than those of an Intermediate Court judge. Geller’s excellent list is based on a Legislative Reference Bureau report prepared for Sen. Les Ihara.
Hence the debate.
I don’t pretend to have a lot of insider knowledge about this situation, but we should probably be concerned, given what is a significant split in the legal community. These are certainly red flags to be heeded.
Remember that yesterday’s Senate Judiciary and Government Operations Committee hearing is available to review online in either video or MP3 audio formats.
I finally found the testimony presented on Leonard’s nomination, tucked down at the bottom of the page displaying documents from this special legislative session.
I have the impression that Leonard, prior to her appointment to the ICA, was a relatively unknown member of the legal community. Her work experience is limited to a single firm that is known primarily for its business law rather than its litigation practice, and I’m told her clients included a relatively narrow list of businesses, banks, and wealthy individuals. Although she litigated civil cases in private practice, she had not served as head of the firm’s litigation section.
A lawyer friend explained to me that the chief justice, as the effective head of the judicial branch of government and the bar, has to command respect among different segments of the legal community. Lingle’s nominee was, until her appointment to the Intermediate Court two and a half years ago, relatively unknown. Today, I’m told, she does not command respect in the legal community at large.
I’m glad to see that Senator Taniguchi is cautious in his approach to the nomination, expressing concerns about her ability to lead the judiciary.
Of course, there are big legal guns supporting Leonard. Former law partners Bill McCorriston, Robert Klein, and Mark Bennett, now Lingle’s AG, have been vocal backers. However, their attacks on the Hawaii Bar Association and its recommendation process are seen by many as out of order.
Clearly, we all need a lot more information before this nomination moves forward.