Here’s what’s going on:
- The Honolulu Star-Advertiser‘s story on yesterday’s decision by Circuit Judge Karl Sakamoto in the Star-Advertiser’s lawsuit to compel Governor Abercrombie to cease keeping the names of judicial nominees from the public: Judge to gov: Make names public. We represent the plaintiff:
“We are extremely pleased,” said newspaper attorney Diane Hastert. “Judge Sakamoto thoroughly analyzed all of the complex issues in the case and concluded the public has the right to know the names of individuals on the Judicial Selection Commission lists.”
. . . .
Deputy Attorney General Charleen Aina defended the governor’s position that the release would be a “frustration” of the government’s interest in the appointment process.
She told Sakamoto the process includes the commission screening and recommending the names confidentially, and the disclosure by the governor would “interfere” with that process.
But attorney Robert Thomas, who also represents the newspaper, told Sakamoto the governor cannot establish that the release of the names is a factor for a lawyer considering a judgeship.
He also said disclosures by the previous governors show that the process wasn’t “frustrated.”
“The governor’s theory really cuts against the strong public policy of disclosure and transparent government” in the state open-records law, Thomas said.
- Yesterday, we posted the California Supreme Court’s decision in Los Angeles County Metro. Trans. Auth. v. Alameda Produce Market, LLC, No. S188128 (Nov. 14, 2011), a case in which the court held that a lender’s withdrawal of the condemnor’s deposit in a quick take action does not waive the property owner’s defenses. We were going to digest the opinion and provide some analysis now that the above case has been decided, but it looks like Gideon Kanner has beaten us to it, posting “A Bit of Common Sense in California. Wow!.” He writes: “Since we freely criticize the many shortcomings of eminent domain law, it seems only fair that we should deliver a loud attaboy to California Supreme Court Justice Ming Chin and his colleagues who have just restored some common sense to California law of eminent domain.” Read the entire post – it’s well worth it.