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The Honolulu Advertiser
Posted on: Friday, October 26, 2007

Hawaii court nominee endorsed despite critics

By Derrick DePledge
Advertiser Government Writer

The state Senate Judiciary and Labor Committee voted unanimously yesterday to recommend Randal Lee as a judge on the state's Intermediate Court of Appeals. But four senators voted with reservations after hearing from several attorneys with doubts about Lee's qualifications and fairness.

Lee, an O'ahu Circuit Court judge, received extensive support from prosecutors and many defense attorneys who called him even-handed and practical. State Attorney General Mark Bennett described Lee as "ethical, honest, skilled and highly qualified."

Honolulu Prosecutor Peter Carlisle said Lee demonstrated his integrity when as a deputy prosecutor he handled several political-corruption cases.

"He took those cases knowing full well that there could be political consequences," Carlisle said.

The Hawaii State Bar Association split over whether Lee was qualified for the appeals bench, an unusual deadlock that has had an influence on several senators.

"I think the process worked," Lee told reporters after the committee's vote. "If anything, everyone had their say in terms of their opinion about the nomination, and that's the way it should work."

Lee, who was nominated by Gov. Linda Lingle, will continue to talk with senators ahead of an expected vote by the full Senate next week.

While several senators said Lee was forthright in answering questions, they said they had reservations after several attorneys took the rare step of testifying publicly against his nomination.

"I guess, for me, the nominee has been forthcoming. He's answered all our questions, at least to my satisfaction," said state Sen. Brian Taniguchi, D-10th (Manoa, McCully), the committee's chairman. "I know there are some concerns that have been raised, and because of that I'll probably be voting with some reservations."

James Bickerton, an attorney, said the appeals court has an increased caseload because most appeals are now directed through the court before they reach the state Supreme Court. He said Lee, with virtually no civil practice experience and a year on the civil bench, does not have the knowledge or experience in civil law necessary for the demands of the court.

"There is no room for on-the-job training," Bickerton told senators.

Several attorneys opposed to Lee's nomination cited a 1991 state Supreme Court ruling that ordered a new trial in a securities fraud and money laundering case that Lee had prosecuted. The court found that the prosecution's failure to comply with discovery rules was so pervasive that it deprived the defendants the right to a fair trial and due process.

Wayson Chow, an attorney, said the court's ruling alone should disqualify Lee from the bench. "As far as I'm concerned, you've crossed the line; you are no longer qualified to be a judge."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.