The state Senate has rejected nominations of two district court judges for the Big Island because Hawai'i Supreme Court Chief Justice Ronald T.Y Moon missed a constitutional deadline to submit their names.

Moon nominated Anthony Bartholomew and Harry Freitas to serve as judges on the Big Island's Third Circuit on Monday, two days late. Moon had 30 days to make the nominations after being given a list of candidates from the state's Judicial Selection Commission.

Moon said in a statement yesterday that since the 30-day deadline fell on a weekend he thought he could make the nominations on the next business day, which was Monday.

The selection commission now will choose the nominees from the same list it had given Moon but is under no obligation to pick the same candidates as the chief justice did.

The Senate, as part of the separation of powers between the legislative, judicial and executive branches of government, has advise and consent responsibility over judicial nominees and Cabinet appointments.

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), said yesterday she had no choice but to reject Moon's nominations because they were late.

"There was no question in my mind — within 30 days means within 30 days," Hanabusa said.

State Attorney General Mark Bennett and Moon himself agreed the deadline was missed. "The chief justice thanks the attorney general and his staff for the timely and considered opinion," the statement from the judiciary said. It did not mention Hanabusa or the Senate.

The circumstances, while unusual, are not unprecedented. The Judicial Selection Commission picked Joel August for Maui Circuit Court judge in 2002 after then-Gov. Ben Cayetano failed to make a selection by the deadline.

Cayetano's press secretary said at the time it was an oversight and that the governor thought the candidates were excellent, but others have suggested the governor did not favor any of the commission's recommendations. A judiciary spokeswoman said it was the first time a governor had missed a chance to fill a judicial vacancy.

Hanabusa has also been involved before in a legal dispute about a constitutional deadline. She challenged Cayetano in 2002 over whether he gave lawmakers the required 10 days' notice before he vetoed 13 bills, including a $75 million tax credit for an aquarium at Ko Olina that she supported. The Supreme Court ruled in 2004 that Cayetano's vetoes were proper.

Moon chose Bartholomew, a Hilo public defender, to fill a vacancy opened by the retirement of Family Court Judge Ben Gaddis. Freitas, an attorney with the Big Island's deputy corporation counsel, was picked for a vacancy created by the retirement of District Judge Matthew Pyun.

Hanabusa said she hoped the commission would make its selections soon so the Senate Judiciary and Labor Committee can hold confirmation hearings before the session ends in May.

"The constitution does not give the commission a time limit for sending us the names of its nominees," she said in a statement, "but we hope it will be soon. The Senate needs to advise and consent on the nominations the same as if they came from the chief justice, and the Judiciary Committee needs adequate time to do its job. Time is getting short in this session."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.