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State senators filled two vacant seats on the five-member Hawaii Supreme Court in unanimous confirmation decisions Tuesday during a special floor session.
The separate 21-0 votes, with four senators excused, confirmed nominations by Gov. Josh Green to have Lisa Ginoza and Vladimir Devens fill vacancies created earlier this year when then-Associate Justices Michael Wilson and Paula Nakayama retired because they had reached the court’s mandatory retirement age of 70.
Ginoza, chief judge of Hawaii’s Intermediate Court of Appeals, and Devens, a personal injury and labor attorney heading his own private practice, received overwhelming endorsements during a public hearing held Friday by the Senate Judiciary Committee.
The committee, which questioned the nominees Friday, voted 5-0 on Monday to recommend that Ginoza and Devens be confirmed.
Sen. Karl Rhoads, chair of the committee, relayed the recommendations to his colleagues Tuesday after reeling off numerous accomplishments and highlights during the roughly 30-year legal career of each nominee.
“Judge Ginoza has guided the ICA since 2018 and prior to that was an associate judge for eight years for a total of 13 years on the appellate bench,” Rhoads (D, Nuuanu-Downtown-Iwilei) told fellow senators during Tuesday’s session. “Her legal career so far has spanned 34 years.”
Rhoads described Devens as an experienced litigator and legal practitioner with 30 years of experience, and quoted the Hawaii Bar Association’s written testimony that read in part, “It is not possible to list the breadth, variety and depth of Mr. Devens’ experience — all of which will add to the experience and diversity of the Hawaii Supreme Court.”
During Friday’s committee hearing, Ginoza’s testimonial endorsements were largely from members of the local legal community, including attorneys, judges and retired judges.
“She would be a great addition to the Hawaii Supreme Court,” Daniel Foley, a retired former colleague of Ginoza on the state Intermediate Court of Appeals, told the committee. “She has an outstanding legal mind, is a wonderful and efficient writer, works well with others and has unquestioned integrity.”
Testimony supporting Devens was from a broader spectrum that included representatives of labor unions, law enforcement, the business community and the justice system, including attorneys and retired judges.
Arthur Park, a local civil trial lawyer who has previously served on the Hawaii Judicial Selection Commission, said the varied background of Devens — who was a Honolulu police officer for six years, is a volunteer attorney with the Access to Justice Center and has litigated child abuse and constitutional privacy right cases in addition to representing labor unions — will be an asset on the court.
“Vlad’s background I’m sure is going to add tremendously to the court’s depth and breadth,” he told the committee.
Colleen Hanabusa, a labor attorney and former Judiciary Committee chair, told the committee that some criticism she has heard about Devens not having judicial experience wasn’t a good argument against his confirmation.
Hanabusa said Devens meets judicial position criteria from the American Bar Association that include judicial temperament, legal knowledge and integrity.
Both nominees were deemed to be qualified for the position by the board of the Hawaii State Bar Association.
State Sen. Kurt Fevella, one of two Republicans in the Senate, told his colleagues during Friday’s floor session that he was impressed that both highly accomplished nominees were graduates of local public schools — Kailua High School for Ginoza and Kalani High School for Devens.
“We get two public school (products) going to the Supreme Court,” said Fevella (R, Ewa Beach-Ocean Pointe-Iroquois Point).
After the floor session, Rhoads said in a statement, “The two appointees have taken very different paths to the Supreme Court, but they both have rich professional and personal backgrounds that will serve our state well. I am confident that these two justices will serve with intelligence and integrity.”
Ginoza and Devens join Associate Justices Sabrina McKenna and Todd Eddins on the court, which is led by Chief Justice Mark Recktenwald.
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November 22, 2023 at 05:07PM
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Hawaii Supreme Court vacancies filled - Honolulu Star-Advertiser
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