Powerful Praise For Chief Justice Nominee
Senate President Predicts Confirmation For Recktenwald
POSTED: 9:33 pm HST August 13, 2010
UPDATED: 8:25 am HST August 14, 2010
HONOLULU -- The state Senate president is already predicting Associate Supreme Court Justice Mark Recktenwald will win Senate confirmation.Senate President Colleen Hanabusa said Recktenwald’s experience leaves little doubt he will be rated “qualified” by the Hawaii State Bar Association and confirmed by the Senate, even though it solidly rejected the governor’s last nominee, Katherine Leonard.Hanabusa said experience is essential for the person who will have to manage the state's sprawling court system.But the other side of his background -- his legal philosophy -- is the other reason Democrats who dominate the state Senate are comfortable with him.Recktenwald is one of several former prosecutors the governor has appointed and, in the criminal divisions, they have a reputation for being tougher on defendants than judges appointed by past Democratic governors.Gov. Linda Lingle said Friday she has not specifically sought prosecutors because of their courtroom philosophy. “I didn't look at the list and determine who was or was not a prosecutor,” Lingle said.In fact, Recktenwald angered prosecutors and made prosecuting speeders more difficult, with a ruling he wrote for the majority in a case call State v. Fitzwater. The ruling required prosecutors produce more documentation in court that police car speedometers, when used to “pace” suspected speeders, were accurate.“I've ruled for the prosecution in cases and I've ruled for the defense in cases,” Recktenwalk told reporters Friday.Supporters also said he is even-handed on environmental cases. Although he wasn't involved in the ruling that led to the shut-down of the Hawaii Superferry, in a case involving Waters of Life charter school on the Big Island, Recktenwald wrote a majority opinion that gave regular citizens more power to defend environment regulations in court.Recketenwald said he doesn’t come to the job with any preconceptions about any case. He said justices must, “have an open mind, follow the law and remain impartial and fair.”Lingle said she didn’t discuss any particular cases with Recktenwald.Hanabusa predicted easy confirmation for Recktenwald, partly because, from his record, Senate Democrats can tell he's not following the governor's legal agenda.“I think that he probably would display a well-balanced situation in terms how he leads the court in terms of the policies,” Hanabusa said.Another reason for Democrats to like Recktenwald's appointment is simple math. If they'd approved Katherine Leonard, Lingle would have appointed the majority on the five-member court. Recktenwald's confirmation will leave Lingle with two appointees on the court and a vacancy, which she may not be able to fill before leaving office in December.
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