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Hawaii's system of selecting state judges through a Judicial Selection Commission, created after the 1978 constitutional convention to replace direct gubernatorial appointment, came under scrutiny from several directions. Jim Koshiba, a practicing attorney who chaired the commission during its first six years, argued for greater transparency, including public ranking of nominees and an open process for selecting commissioners. Momi Cazimero, who served on the commission from 1983 to 1989, described a broadly constructive experience but noted tensions between confidentiality and public accountability. Senior U.S. District Court Judge Samuel P. King offered observations from the perspective of a federal court. By telephone, retired Hawaii Supreme Court Justice Frank Padgett proposed removing all lawyers from the commission to eliminate conflicts of interest, with the commission consulting the bar association separately on professional qualifications. Ellen Colburn, a former commission member from 1989 to 1995, called for more rigorous commissioner selection based on independence and judgment, arguing lay members offered a counterweight to attorneys trained in advocacy. The standing question is whether the commission's processes — its composition, the confidentiality of deliberations, and the appointing authority's latitude when choosing from an unranked list — deliver genuine merit selection or leave room for political influence.
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Companion newspaper commentaries
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