The Hawaii Attorney General today issued a statement responding to the recently-announced changes in the Judicial Selection Commission Rules, whereby the Commission said that from here forward, it would publicly disclose the names on the list of judicial nominees at the same time it transmits those lists to the "appointing authorities" (governors and Chief Justices).
He also announced some thoughts about whether the Governor will appeal the ruling that he must disclose JSC lists. [Disclosure: we represent the Star-Advertiser in this case.].
Here's what the AG had to say:
"We recognize the right of the Judicial Selection Commission to change its rules and decide upon its own authority whether to publicize the names on the list. But this does not change the holding in the Pray vs. Judicial Selection Commission case that provided the Governor with discretion to release the names, contrary to Judge Sakamoto's ruling against the State in the recent case filed by the Star-Advertiser. Until we have had the opportunity to review and evaluate the written decision issued by Judge Sakamoto, no decision has been made on whether we will pursue further legal review in the Star-Advertiser's case."With respect to releasing the names of future nominees, if the Commission publicizes the names of final judicial candidates when they provide those names to the Governor, the practical effect moving forward is that the names are available to the public regardless of who releases them. This does not necessarily mean, however, that an appeal will not be taken in the present case, which was decided prior to the Judicial Selection Commission's rule change."
More on the story here from the Star-Advertiser. Stay tuned.
