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Hawaii Governor fails to appoint circuit court judge on time
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June 18, 2012
Honolulu, HI: On June 12, Hawaii Governor Neil Abercrombie appointed Peter T. Cahill to a judicial vacancy in the Maui Second Circuit Court created upon the retirement of Judge Shackley F. Raffetto. The appointment, however, was two days late and therefore constitutionally invalid.[1][2]
Article VI, Section 3 of the Hawaii constitution states:
| “ | The governor, with the consent of the senate, shall fill a vacancy in the office of the chief justice, supreme court, intermediate appellate court and circuit courts, by appointing a person from a list of not less than four, and not more than six, nominees for the vacancy, presented to the governor by the judicial selection commission. If the governor fails to make any appointment within thirty days of presentation, or within ten days of the senate's rejection of any previous appointment, the appointment shall be made by the judicial selection commission from the list with the consent of the senate...[3] |
” |
Gov. Abercrombie was given a list of candidates on May 11th and had until June 10th. On June 6th, the Governor had announced his pick for a Supreme Court vacancy, at which time he had told reporters he would be making the appointment by the 10th.[1]
According to a press release from the governor's office, State Attorney General David M. Louie informed the governor that the June 12th appointment was late. Gov. Abercrombie stated, "I should have made the appointment on Sunday, June 10th, which was the deadline. The law is the law and now the appointment to the Second Circuit is in the hands of the Judicial Selection Commission. I appreciate the process by which the Commission provided me the list and trust that they will act in good faith."[4]
Footnotes
- ↑ 1.0 1.1 The Hawaii Reporter, "Governor Too Late With Maui Judge Appointment; Missed Deadline by Two Days," June 12, 2012
- ↑ Honolulu Civil Beat, "AG: Gov’s Judicial Appointment is Two Days Late," June 12, 2012 (dead link)
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Governor of the State of Hawai'i Press Release, "Governor Informed of Late Judicial Appointment," June 12, 2012
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