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The Star-Advertiser reports this breaking story — Governor makes names of court nominees public:

Following a court order prompted by a Honolulu Star-Advertiser lawsuit, Gov. Neil Abercrombie released the names of nominees to the Hawaii Supreme Court and two Circuit Court judgeships.

Attorney General David Louie said the governor still disagrees with the court decision.

However, the Judicial Selection Commission, which screens and forwards the names of judicial nominees to the governor, decided last week to release the list of candidates when it submits the list to the governor.

“In light of the changed circumstances with the Commission’s actions, judicial applicants will no longer have any expectation of confidentiality,”  Louis [sic] said.

Here is the AG’s News Release. We represent the Star-Advertiser in the case. Here are the documents from that case.

Update: noting that “Abercrombie still disagrees with a ruling but effectively waives the state’s appeal rights,” the…

Continue Reading Hawaii Governor Releases List Of Judicial Nominees

Here are three more items from the Honolulu media about the case in which the Star-Advertiser is seeking the Judicial Selection Commission lists from the Governor (Star-Advertiser v. Abercrombie, No. 11-1-1871-08). Disclosure: we represent the Star-Advertiser in this case.

  • Off The Beat: Should OIP Be Patting Itself on the Back? – Honolulu Civil Beat‘s editorial tracking the arc of the case, including the drama surrounding the Office of Information Practice. After one OIP director was replaced after the office issued an opinion about the JSC list, her replacement pretty much washed the OIP’s hands of the matter saying there was nothing more

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Continue Reading More On The JSC List Case

The Hawaii Attorney General today issued a statement responding to the recently-announced changes in the Judicial Selection Commission Rules, whereby the Commission said that from here forward, it would publicly disclose the names on the list of judicial nominees at the same time it transmits those lists to the “appointing authorities” (governors and Chief Justices).

He also announced some thoughts about whether the Governor will appeal the ruling that he must disclose JSC lists. [Disclosure: we represent the Star-Advertiser in this case.].

Here’s what the AG had to say:

“We recognize the right of the Judicial Selection Commission to change its rules and decide upon its own authority whether to publicize the names on the list. But this does not change the holding in the Pray vs. Judicial Selection Commission case that provided the Governor with discretion to release the names, contrary to Judge Sakamoto’s ruling against…

Continue Reading AG’s Statement About JSC List Case And Rule Changes

We’ve been kind of busy in the last few days with a couple of appellate briefs, so haven’t had a lot of time to post up the latest cases and articles of interest. But here’s what we are reading today, in between brief writing:

  • Hawaii Supreme Court Nominees Will Be Public – Courthouse News Services writes about the case in which we represent the Star-Advertiser in its case to compel the governor to publicly disclose the lists of judicial nominees he receives from the Judicial Selection Commission. More on the case here. The Reporters Committee for Freedom of the Press also reported on the story here. 
  • Beyond “NIMBY” – a post on Legal Planet, a blog produced by enviro lawprofs, advocates that we abandon the term NIMBY. I like “I GOT MINE.”

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Continue Reading Friday Round Up

In this press release issued yesterday, the Hawaii Judicial Selection Commission  announced it has amended its rules so that from now on, the JSC “will release the names of the nominees transmitted to the Governor or Chief Justice at the time they are transmitted and will be permitted to disclose statistical and historical information that summarizes patterns and trends in judicial selection.” More from the Star-Advertiser here.

In other words, the lists (of not less than four, and not more than six) names of nominees whom the JSC deem “qualified” to fill vacancies on the Circuit Court, Intermediate Court of Appeals, and the Hawaii Supreme Court, will now be made public at the same time the list is given to the Governor.

This is a new direction, because until this change, the JSC Rules have always barred the Commission from disclosing even the names of nominees: “[s]ince the…

Continue Reading Judicial Selection Commission: Public Will Know The Names Of Judge Nominees At The Same Time The Governor Does

Here’s what’s going on:

  • The Honolulu Star-Advertiser‘s story on yesterday’s decision by Circuit Judge Karl Sakamoto in the Star-Advertiser’s lawsuit to compel Governor Abercrombie to cease keeping the names of judicial nominees from the public: Judge to gov: Make names public. We represent the plaintiff:

“We are extremely pleased,” said newspaper attorney Diane Hastert. “Judge Sakamoto thoroughly analyzed all of the complex issues in the case and concluded the public has the right to know the names of individuals on the Judicial Selection Commission lists.”

. . . .

Deputy Attorney General Charleen Aina defended the governor’s position that the release would be a “frustration” of the government’s interest in the appointment process.

She told Sakamoto the process includes the commission screening and recommending the names confidentially, and the disclosure by the governor would “interfere” with that process.

But attorney Robert Thomas, who also represents the newspaper…

Continue Reading Tuesday Round-Up: JSC List Case, California Eminent Domain

As we noted here, the circuit court today ordered Governor Abercrombie to make public the list of nominees for the vacancy on the Hawaii Supreme Court (eventually filled by Justice McKenna) that was transmitted to him from the Judicial Selection Commission earlier this year. More from the Star-Advertiser‘s breaking news story here.

Below are the documents and briefs in the case:

  • The Complaint is posted here.
  • The Governor’s Answer is posted here.

Continue Reading Docs In JSC List Case

In a ruling delivered today, Circuit Judge Karl Sakamoto ordered Governor Abercrombie to publicly release the list of names transmitted to the Governor by the Judicial Selection Commission earlier this year for the vacancy on the Court that was subsequently filled by Justice Sabrina McKenna. Star-Advertiser v. Abercrombie, No. 11-1-1871-08. We represent the newspaper in this case. 

More on the case here. More from the Star-Advertiser here.Continue Reading Court Orders Governor To Cease Keeping JSC List Secret

Yesterday we filed the Star-Advertiser‘s brief responding to Governor Abercrombie’s cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the JSC list from the Governor. (We represent the Star-Advertiser.) The hearing on these motions is scheduled for November 14, 2011 at 9:00 a.m.ext

Previously filed documents: the Complaint is posted herehereStar-Advertiser’s motion for summary judgment is posted here.

Plaintiff’s Memorandum in Opposition to Defendant’s Motion for Summary Judgment, etc, Oahu Publications, In…Continue Reading Opposition To Governor’s Motion For Summary Judgment In JSC List Case

Governor Abercrombie filed his opposition to the Star-Advertiser‘s motion for summary judgment, and his own cross-motion for summary judgment in the case in which the Star-Advertiser seeks disclosure of the JSC list from the Governor. The exhibits attached to these documents are posted here. [Disclosure: we represent the Star-Advertiser.] The hearing on these motions is scheduled for November 14, 2011 at 9:30 a.m.

Previously filed documents: the Complaint is posted herehereStar-Advertiser’s motion for summary judgment is posted here.

Gov Abercrombie Opposition to Motion for Summary Judgment/Cross-Motion for Summary Judgment, Oahu Publicati…Continue Reading Gov Abercrombie’s Opposition And Cross-Motion For Summary Judgment In JSC List Case