UPDATE: State responds to suit filed by newspaper

August 24, 2011

Hawaii: Months after the appointment of Sabrina S. McKenna to the Hawaii Supreme Court, the Honolulu Star-Advertiser is suing Governor Neil Abercrombie for refusing to release the names of the other nominees. The suit alleges that the governor is in violation of the Hawaii Uniform Information Practices Act, which ensures public access to government records. By keeping these names confidential, the governor is doing a disservice to the public, who in turn are less equipped to evaluate his and the nominating commission's performances.

Governor Abercrombie still contends that making the names of the nominees not chosen public would deter qualified candidates from applying for vacancies in the future. His viewpoint also has supporters in the state's legal community. However, the attorney for the newspaper said, "The governor's burden of proof in this case is nearly insurmountable. He must prove with compelling evidence that releasing the list to the public somehow makes talented lawyers unwilling to apply to be judges."

To learn more about the beginning of this dispute, read: Gov. Abercrombie reluctant to release names of candidates from February 4, 2011.

UPDATE: September 27, 2011

Governor Neil Abercrombie's administration has responded to the suit by filing a 17 page document arguing that the state constitution, Hawaii law, and even the rules of the Judicial Selection Commission back up the state's decision to keep confidential the names of judicial candidates considered by the governor. The state further cited a prior Hawaii Supreme Court case, Pray v. Judicial Selection Commission, in which the court ruled in favor of the commission, saying, "We also hold that it is within the sole discretion of the appointing authorities [i.e., the Governor and the Chief Justice] whether to make public disclosure of the JSC’s lists of judicial nominees." The response can be found here.