The Hawai'i State Bar Association has issued a rating of "qualified" to Katherine Leonard, a civil attorney Gov. Linda Lingle has nominated as judge on the state Intermediate Court of Appeals, which may help satisfy some concerns about her nomination in the state Senate.

Leonard, a partner at Carlsmith Ball LLP, is up for a confirmation hearing tomorrow before the state Senate Judiciary and Labor Committee. Senators have described her as a smart and effective attorney but several have also raised doubts about sending another appointment to the appeals court bench without judicial experience. None of the judges now on the court had judicial experience when they were nominated.

"I have told the governor that it might be good to have someone with judicial experience," said state Sen. Brian Taniguchi, D-10th (Manoa, McCully), the committee's chairman. "But I'm not going to pre-judge anyone."

The bar association's rating and the recommendation from Taniguchi's committee are among the key factors senators will consider on Leonard. The full Senate is likely to vote on Leonard early next week.

Last month, the Senate rejected O'ahu Circuit Court Judge Randal Lee's nomination to the appeals court. The bar association was split over whether Lee was qualified and Taniguchi ended up voting against Lee on the Senate floor after initially recommending his confirmation with reservations in committee.

Lee's nomination, however, was complicated after several attorneys testified publicly in opposition. Senators also cited Lee's lack of civil experience. Lee had spent most of legal career as a deputy Honolulu prosecutor and his civil experience came from two years on the Circuit Court bench.

Without similar opposition from attorneys against Leonard, and given her qualified rating, it may be harder for senators to justify rejecting her solely on her lack of judicial experience when other nominees without experience were confirmed. Turning down a second Lingle appeals court nominee in a row could also expose the Senate to allegations that they are acting politically or are holding out for one of the other potential nominees identified by the Judicial Selection Commission.

State Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), described Leonard as smart and personable. But Slom said he is "not hearing good stuff" about Leonard's confirmation. Other Senate sources also gave negative predictions, while the Lingle administration is more upbeat about Leonard's chances.

Last session, the Senate also confirmed Mark Recktenwald, a former assistant U.S. Attorney and director of the state Department of Commerce and Consumer Affairs, as chief judge on the appeals court despite his lack of judicial experience.

Several senators said Leonard's name came up in private caucus when Lee's nomination was considered and some thought she would not be preferable to Lee. But even those who have been publicly skeptical about Leonard, such as state Sen. Lorraine Inouye, D-1st (Hamakua, S. Hilo), have not said for certain they are voting "no."

"I just think there are some concerns," said state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha).

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.