Gov. Linda Lingle said yesterday that while she knew of state Rep. Galen Fox's arrest in a misdemeanor sex-crime case for nearly a year, she did not suggest he resign until he asked her for advice after his October conviction.

The Republican governor described Fox, the former House Republican leader, as a friend and said their conversation on Monday was difficult.

"A person has to make up their own mind in a situation like this," Lingle told reporters. "It's not an easy decision to make. But I thought he made the correct decision, and I gave him my opinion, which was that he should resign."

Lingle, in response to several questions, referred back to her written statement from Monday and said she had nothing new to add about Fox's resignation. But the governor did say, in explaining why she did not urge him to resign sooner, that there is a distinction between an arrest and a conviction.

Fox has said he quickly told the governor about his arrest last December on suspicion of fondling a woman on a flight to Los Angeles, and informed the governor's office shortly after his Oct. 20 conviction. Lingle said Fox asked her for an appointment on Oct. 25, but they did not meet until Monday, in part because of her travel schedule. Fox announced his resignation Monday after speaking with the governor and Lt. Gov. James "Duke" Aiona.

"We have a system of justice that says a person is innocent until proven guilty," Lingle said. "And regardless of what a person may be charged with, we in this country don't assume they're guilty until they're convicted, so there is a big distinction between those two."

The governor also noted that several Democrats who had faced criminal charges in the past had not resigned. But her explanations were not enough for some of her critics.

"Lingle must answer to Hawai'i why she was content in overlooking Fox's arrest," said Tom Brower, communications director for the Democratic Party of Hawai'i. "Even after the conviction, she said nothing until it reached the media. To her, personal behavior doesn't matter unless the camera is rolling.

"During her election, the governor pledged that she would be an ethical leader," he said. "Lingle must show leadership. She should be compassionate to the victim and declare this behavior is in direct opposition to Republican family values."

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said he was told about Fox's case a few days before his conviction by someone in confidence. Hemmings, who said he was "dumbfounded" by the news, said he did not feel an obligation to make the information public or ask Fox to step down.

"It's between him and his constituents," Hemmings said. "I don't think it's my position to do that. Not at all."

Lingle has 60 days from Fox's Dec. 1 resignation to choose a Republican replacement for House District 23, which covers Waikiki, Ala Moana and Kaka'ako. The governor said yesterday her office will accept resumes until Dec. 5, and she hopes to make her appointment before the Legislature convenes in January.

Lingle said she has invited state House Minority Leader Lynn Finnegan, R-32nd ('Aliamanu, Airport, Mapunapuna), to consult with the governor's senior staff about the selection. Candidates must be 18 or older, residents of the Islands for at least three years, and Republicans qualified to vote in the district.

Lingle also said candidates must agree to sign a release allowing a search of their tax records and will undergo criminal background checks. Candidates will also have to sign a statement swearing that the information they supply to the governor's office is correct.

The precautions grow out of Lingle's September appointment of Bev Harbin, a Democrat, in House District 28 in Iwilei, downtown and Makiki. Harbin did not disclose state tax debts or misdemeanor criminal convictions and has refused Lingle's request that she resign.

John Breinich, chairman of the Ala Moana-Kaka'ako Neighborhood Board, said the area now has essentially no representation at the Legislature. "With Galen Fox's resignation, and the lack of confidence in Bev Harbin because of her clouded past, our area is without effective legislative input from the community," he said.

"Galen was an excellent representative, always listening to the community, and worked hard to make it a better place. He will be missed, and we are very concerned about how our community will have effective input during the next year until the election to select our representatives.

"The Ala Moana-Kaka'ako area is the fastest-growing part of Honolulu, and we need effective representation. Unfortunately, our area has now been hit with two high-profile changes in our representation, and care needs to be taken that our needs are addressed in filling this new vacancy."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.