Secrecy of court nominees seems to put Hawaii out of the judicial mainstream

Just a quick look back on the issue of disclosure of the names of judicial nominees, what Gov. Abercrombie refers to as a “philosophical difference.”

I just wanted to point back to my January 31, 2011 post which noted that transparency in the selection of judges is increasingly the norm in other jurisdictions.

In a number of other places, public disclosure goes far beyond the names and resumes of nominees. In some areas, applications are made public. Interviews are open to the public in a growing number of places.

In addition to those described earlier, I did another quick online search a few minutes ago and found several recent mentions.

In Tennessee, applications are being accepted for a judicial opening. According to the announcement:

The Judicial Nominating Commission will meet on Tuesday, April 26 at 9 a.m. EDT to interview all qualified applicants. The meeting will also include a public hearing where members of the public may express their opinions about the applicants. The interview, public hearing and deliberation process will be open to the public. The location of the meeting has yet to be determined.

In Missouri this week, AP reported:

Attorneys and judges hopeful of winning a spot on the Missouri Supreme Court took turns publicly recounting their qualifications Wednesday as a special nominating panel opened the doors for the first time on its once secretive interview sessions.

Sitting in leather chairs around tables typically reserved for attorneys being peppered with questions by Supreme Court judges, the seven members of the Appellate Judicial Commission asked prospective members of the state’s highest court about their work experiences, mentors and whether they could review legal cases with a “clean slate.”

In one instance, they also asked an applicant about a lawsuit alleging he had failed to provide effective legal counsel to a client.

Fewer than two dozen people, several of whom were with the media or an activist group, watched the interviews, which are scheduled to continue on Thursday.

In tiny Pahrump, Nevada, judicial applicants lined up for public interviews earlier this year and were profiled in the local newspaper.

The 11 applicants vying to fill the seat of deceased Fifth Judicial District Court Judge John Davis will be formally interviewed on May 4-5 at Saddle West Casino in Pahrump. The interviews and deliberations will be open to the public. Public comment will also be heard, starting at 1 p.m. on May 4.

The extent to which Hawaii’s judicial selection process remains wrapped in layers of secrecy is increasingly out of step with the judicial mainstream. The governor’s refusal to disclose nominees even after the fact is just the icing on the cake.


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3 thoughts on “Secrecy of court nominees seems to put Hawaii out of the judicial mainstream

  1. Richard Gozinya

    Our laws are not out of step. It is our Governor who is out of step, demonstrating astonishing arrogance to the people and disregard for the law. And now we see the spread of this arrogance with the copycat actions of the HART board. I guess the theory is if it’s good enough for the Gov, it’s good enough for us.

    Thanks, Ian, for watch dogging this issue.

    Reply
  2. Guest

    What is the real reason for Abercrombie to behave this way?

    It can’t be just a “philosophical difference”.

    What is it?

    I don’t think Neil is that dumb. Or is he?

    Reply
  3. Ninja Jedhi Cat

    The Golden Rule of Pay to Play in Blue Hawaii Nei: “Secrecy is power. Power corrupts. Secret power corrupts secretly.” Hawaii Aloha: “What protects national secrets also protects government officials and their collaboraters [huis] in the private sector.”

    Reply

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