An army of public officials rushed to the defense of Margaret Masunaga, a Hawaii County deputy corporation counsel, after the Hawaii State Bar Association deemed her unqualified to be a district judge.
U.S. Sen. Mazie Hirono, U.S. Rep. Colleen Hanabusa, retired District Court Judge Joseph Florendo, Hawaii County Mayor Billy Kenoi, County Prosecutor Mitch Roth, and some 40 other people testified in person or submitted written testimony as the state Senate Committee on Judiciary and Labor on Monday mulled Masunaga’s nomination to be a district court judge for the 3rd Circuit.
The outwardly sympathetic panel heard testimony for about an hour in the state Capitol before announcing it would make a decision Wednesday. The full Senate would then vote Thursday on confirmations for Masunaga and two 1st Circuit Court nominees.
At issue was a negative recommendation from the Bar Association board, which “seriously” questioned Masunaga’s legal knowledge, diligence, ability to fulfill the responsibilities and duties of the position, and professional experience in legal practice and in civil and criminal proceedings and trials.
Masunaga told the committee she’d wanted to be a judge since a very young age and had applied for a judgeship six times since 1994.
“I want to be the face of the judiciary. I want to be an active listener when people come to court,” Masunaga said in 20 minutes of sometimes rambling testimony. “The District Court is a people’s court. This is the first impression our citizens get.”
Bar Association President Calvin Young said he couldn’t divulge all of the details of the board vote, as the process is kept confidential to ensure people will come forward with “frank and open” evaluations without fear of reprisal. But he said the concerns were serious enough to warrant the negative board vote.
“It basically boiled down to areas of expertise and ability to handle the District Court calendar,” Young told the committee, adding that the court has a very busy caseload.
“She worked in the courts, criminal and civil, for four to five years. For the next 20 years she’s working for the government,” Young said. “(There were questions raised) whether she had developed that body of knowledge she could call upon as a district court judge.”
That riled some committee members, who said there’s nothing wrong with being a government attorney, and it can, in fact yield a wider experience than being in the courts or in private practice.
“To me, government service is very important. I think government service touches on everything,” said Sen. Malama Solomon, a Democrat representing North Hawaii from Kona to Hilo.
Committee Chairman Clayton Hee, an Oahu Democrat, questioned why the Bar Association was so critical of Masunaga’s experience while recommending positively on the two prior nominees that came before the committee.
“Are you using a different standard on the candidates,” Hee asked. “I’m flummoxed by the casualness of what appears to be the process … How deep do you dig?”
Kenoi flew to Honolulu to testify at the last minute after hearing about the Bar Association’s negative recommendation.
“I would be disappointed, distraught and (want to) find out who said it,” Kenoi said about what his reaction would be if he’d gotten such an evaluation. “Hearing that she was unqualified … I was shocked, to be honest. I know she was hurt. I could hear it in her voice.”
The evaluation was more than hurtful, said Cheryl Kakazu Park, director of the state Office of Information Practices.
“It’s potentially a death sentence for your legal reputation and your livelihood,” Park said.
Masunaga previously served as deputy director of the Hawaii County Planning Department, as a deputy attorney general, and as an associate at Goodsill Anderson Quinn &Stifel, in addition to her recent stint as a deputy corporation counsel.
“I have no doubt that she has the skill sets and ability to perform as a district court judge,” said her boss, Corporation Counsel Molly Stebbins.
Hawaii Supreme Court Chief Justice Mark E. Recktenwald on Oct. 10 appointed Masunaga for a position left vacant when District Court Judge Joseph Florendo retired earlier this year. She was one of six finalists the judiciary named in September to replace Florendo.