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The Honolulu Advertiser
Posted on: Friday, November 16, 2007

Breakdown of bar's vote on nominee released

By Derrick DePledge
Advertiser Government Writer

The Hawai'i State Bar Association took the unusual step yesterday of releasing the vote breakdown behind its "qualified" rating for Katherine Leonard, Gov. Linda Lingle's nominee for judge on the state Intermediate Court of Appeals, showing that the board was almost evenly divided between "qualified" and "highly qualified."

Jeff Portnoy, the bar association's president, said the bar agreed after Leonard waived her confidentiality rights and asked that the information be released publicly. The bar's vote was eight for "qualified," seven for "highly qualified" and two for "not qualified."

Several sources had contacted The Advertiser and other media over the past few days to share the vote breakdown, which was supposed to be confidential. Portnoy stressed that the bar association would not have officially released the information had Leonard not made her request.

"It's important to note that she's the one who asked us to do this because we don't do this as a matter of course," Portnoy said.

The vote breakdown should help Leonard, a civil attorney and partner at Carlsmith Ball LLP, with her Senate confirmation. She appears before the state Senate Judiciary and Labor Committee for a hearing today.

"The senators have been very generous with their time and have asked fair questions," said Leonard, who has been meeting with senators privately. "I have a strong sense that it will be a fair hearing and I look forward to answering all of their questions."

Several senators have said there are concerns about Leonard, mostly because of her lack of judicial experience. No other judge on the appeals court had judicial experience when appointed, but some senators said perhaps it is time to change that practice.

Some Senate sources have spoken negatively of Leonard's chances for confirmation. But many who have met with Leonard said she is impressive. Senate sources were more positive yesterday about her chances but believe the committee's recommendation will be important. The full Senate is expected to vote early next week.

"I think the committee hearing is going to be the key," said state Sen. Les Ihara, Jr., D-9th (Kapahulu, Kaimuki, Palolo)

The bar association's vote breakdown was also positive for Leonard. The bar association was divided last month on whether Randal Lee, an O'ahu Circuit Court judge, was qualified for the appeals court. Several senators learned that the bar's initial rating on Lee was that he was "not qualified" but it was amended after it was discovered that one ballot had not been counted.

The Senate voted against Lee's confirmation last month.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.