STAND. COM. REP. 3380

Honolulu, Hawaii

, 2004

RE: GOV. MSG. NO. 421

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred Governor's Message No. 421, submitting for study and consideration the nomination of:

Circuit Court of the First Circuit, 21st Division

G.M. No. 421

BERT I. AYABE, for a term of ten years,

begs leave to report as follows:

Upon review of the résumé, application for judicial office, letter from the nominee dated April 5, 2004, and testimony, your Committee finds that Bert I. Ayabe graduated with a BA degree from the University of Hawaii. He also received a JD degree from Hastings College of Law. The nominee is admitted to practice law in both Hawaii and California. He has been in private practice since 1981 and has worked as an associate attorney at Kobayashi Watanabe Sugita & Goda, Bollington Stilz & Bloeser, and Kim Sterns Lines & Moore; as a partner at Hisaka Furusho Ayabe & Goto; and as a solo practitioner. The nominee is currently a District Court judge.

Testimony was submitted by the Hawaii State Bar Association (HSBA), Office of the Public Defender, Department of the Prosecuting Attorney for the City and County of the Prosecuting Attorney, Occidental Underwriters, thirty-five attorneys, and fourteen individuals.

The Board of Directors of the HSBA has found the nominee to be highly qualified to serve as a judge in the Circuit Court of the First Circuit. As part of the HSBA Board's procedures for taking a position on judicial appointments, the candidate is asked to submit a resume, respond to a questionnaire, and to appear before the Board to answer questions. The HSBA Board utilizes a modified version of the American Bar Association Guidelines for Reviewing Qualifications of Candidates for State Judicial Office. These Guidelines include the following criteria for judicial positions: integrity, legal knowledge and ability, professional experience, judicial temperament, diligence, financial responsibility, public service, collegiality, and writing ability.

Your Committee has reviewed the personal history, résumé, and statements submitted by the nominee, and finds the nominee to have the necessary qualifications to be appointed to the position of nomination. Your Committee further finds that the nominee's experience in the District Court will serve him well in a position on the Circuit Court bench.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee, after full consideration of the background, experience, and qualifications of the nominee, has found the nominee to be qualified for the position to which nominated and recommends that the Senate advise and consent to the nomination.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair