Why It Matters
Hawaii’s next chief justice will lead the state’s judicial branch after a contentious committee vote that exposed concerns about political transparency. The Senate Judiciary Committee’s rare split decision highlights tensions between judicial independence and prior political affiliations as Vladimir Devens moves toward a final confirmation vote.
What Happened
The Hawaii Senate Judiciary Committee voted 3-2 Friday to advance Associate Justice Vladimir Devens’ nomination for chief justice to the full Senate. Committee Chair Karl Rhoads and Sen. Joy San Buenaventura voted against the nomination, marking only the second time in 70 judicial selections that Rhoads has opposed a nominee.
Rhoads cited incomplete disclosure of Devens’ membership on the board of Be Change Now, a super PAC operated by Pacific Resource Partnership. The organization represents a consortium of the 6,000-member Hawaii carpenters union and more than 250 contractors statewide.
San Buenaventura expressed concerns about potential influence given Devens’ role with a politically active organization. She noted that while she supported his initial appointment as an associate justice, the chief justice position requires higher scrutiny due to its leadership of the judicial branch.
By the Numbers
The committee split 3-2 on the nomination. Devens has served two years as an associate justice on the Hawaii Supreme Court. Pacific Resource Partnership represents 6,000 union members and more than 250 contractors. Rhoads had previously voted to approve 69 judicial selections before opposing Devens.
The Defense
Sen. Stanley Chang voted in favor of Devens, pointing to his two-year record on the court. Chang said testimony showed no evidence that Devens’ opinions lacked independence or impartiality. He specifically cited cases where Devens ruled against his former major client, the State of Hawaii Organization of Police Officers, as evidence of judicial independence.
Retiring Chief Justice Mark Recktenwald defended Devens’ integrity, describing him as a straight shooter who ruled based on the merits across various issues including law enforcement and environmental cases during their two years working together.
What’s Next
Devens’ nomination now goes to the full Hawaii Senate for a final confirmation vote. The timeline for that vote has not been announced. Chang recommended that the Judicial Selection Commission amend its application to include questions about political history for future judicial nominees.