Hawaii Supreme Court chief justice vacancy short on qualified applicants

Filling the position of chief justice of the Hawaii Supreme Court may take some time despite the Hawaii State Judiciary initially announcing the anticipated vacancy nearly a year ago.

The minimum number of qualified applicants had not yet been reached just days before the Sept. 30 retirement of Chief Justice Mark Recktenwald, who on Wednesday turned 70, which is the state’s mandatory retirement age for justices and judges.

Supreme Court Associate Justice Sabrina McKenna, who became acting chief justice Oct. 1, said in a Sept. 25 interview regarding Recktenwald’s departure, the difficulty in finding enough applicants is due to “a combination of issues.”

“I do think that the Judicial Selection Commission’s rule in which they publicize the names of all applicants discourages people in private practice from applying.

“You’re talking about more experienced lawyers. If their name is out there, that they applied to an appellate position, whether it’s the ICA (Intermediate Court of Appeals) or the Supreme Court, your clients are probably not going to be that happy.

“It’s not really an issue for sitting judges or government lawyers, but it’s a big issue for private practitioners.”

McKenna, 68, has applied for the chief justice position.

Another possible deterrent is the number of threats against Hawaii judges, which is about eight times higher than five years ago, the Judiciary said.

In July, the Judiciary reported twice as many threats against judges compared with last year. In June, police notified state and federal court officials that a 911 caller said an unidentified man was going to shoot a judge at a Honolulu courthouse.

But a new law that reduces retirement benefits for future judges will not directly affect the appointment of a new chief justice. That law, signed into law July 3, will greatly reduce retirement benefits for judges appointed on or after July 1, 2031.

Recktenwald wrote Gov. Josh Green in May that the measure would adversely affect recruitment of judges, and “this singling out of judges is especially concerning while judges have become lightning rods nationally for interpreting and applying constitutions and laws.”

He also wrote there has been a downward trend in applications for judicial positions statewide from 2019 through the summer of 2024, and that “30% of vacant judgeships statewide, and 79% of vacant judgeships on the neighbor islands have required extended application deadlines.”

The Judiciary issued three announcements regarding the anticipated vacancy for chief justice, making its first announcement Nov. 20 with a deadline of Feb. 20 to submit applications, giving potential applicants 90 days.

Then a first extension was made March 21 with the deadline extended to Sept. 11 (175 days).

Then a second extended deadline was released Sept. 19, further extending the deadline by 45 days to Nov. 3, which is less than a month away.

Applications are submitted directly to the Judicial Selection Commission, made up of nine individuals, who will vet the applicants.

When the names of the applicants are published on the Judicial Selection Commission’s website, the public will be invited to provide comments to the commission for a specified period of time.

A Judiciary spokesman said that until that time, the commission will neither provide the number of applicants nor the names of the applicants it has.

The Honolulu Star-­Advertiser, however, reported in July that there were three applicants for the top jurist position.

The commission will then provide the names of not less than four and no more than six applicants to the governor.

The governor will then select a nominee, who must be confirmed by the Senate.

The term of office of the chief justice is 10 years. The annual salary is $248,124.

The commission invites anyone from all islands who meets the constitutional requirements and who is interested to apply directly to the commission.

Applicants must be residents and citizens of Hawaii and the United States. They must have been licensed to practice law by the Hawaii Supreme Court, and shall have been licensed for not less than 10 years preceding nomination.

The justice shall not engage in the practice of law, run for or hold any other office or position of profit under the United States, the state or its political subdivisions.

For more information, go to the Hawaii State Judiciary website at 808ne.ws/4pWiFgh.