It likely will take more than a month to swear in a permanent replacement for Hilo Circuit Judge Glenn S. Hara, who retired at the end of working hours Friday.
It likely will take more than a month to swear in a permanent replacement for Hilo Circuit Judge Glenn S. Hara, who retired at the end of working hours Friday.
The state Judicial Selection Commission’s application deadline for Hara’s successor was Dec. 6. It was the second deadline for applications for candidates to fill the seat vacated by Hara, who will reach the mandatory retirement age of 70 this month. The first deadline was July 28.
“We felt like there just weren’t enough applicants … so they extended the deadline, and far as I know, we got some more applicants,” commissioner Mike Middlesworth said Friday.
The commission has a January meeting, and is required by the state constitution to whittle the number of qualified applicants down to a short list of four to six candidates to be submitted to Gov. David Ige. The governor is then required to make an appointment from the list within 30 days of receipt, and his selection is subject to confirmation by the state Senate. If the governor fails to select a candidate within 30 days, selection will be up to the commission, again, subject to Senate approval. If the senate fails to rule on an appointment within 30 days, the selection will be considered confirmed.
If the Senate rejects Ige’s selection, then the governor has 10 days to make another appointment from the list.
“As soon as it’s finalized, it’s shared publicly,” state Judiciary spokeswoman Tammy Mori said about the short list.
A circuit judge’s term in office is 10 years and the annual salary is $197,112.
Minimum qualifications include residency and citizenship in the state of the Hawaii and the United States and have been licensed to practice law by the Hawaii Supreme Court, and “shall have been licensed for a period of not less than ten years preceding nomination.”
Kona Circuit Judge Ronald Ibarra, the chief judge of the 3rd Circuit, said district judges will fill Hara’s seat until a permanent replacement can be found.
“We’re looking at Judge (Harry) Freitas, a 30-day rotation between him and Judge (Henry) Nakamoto,” Ibarra said, adding the district court vacancy created by the temporary movement of a judge to the circuit court will be filled by a per diem judge.
The sexual assault trial of Philip Hutcheson is scheduled to start Jan. 17 in Hara’s former court, and Ibarra said Freitas is authorized to preside, should trial go as scheduled.
“They will be assigned to all the circuit court (duties) when they are assigned,” he said.
And if the trial should extend beyond the 30-day rotation deadline?
“We can look at the options because it’s mainly administrative, assigning the district judge to the circuit. If the judge goes beyond the 30 (days during a trial), it can be extended,” Ibarra said.
Email John Burnett at jburnett@hawaiitribune-herald.com.