Lingle nominates Associate Justice Mark Recktenwald for Chief Justice

HONOLULU—Gov. Linda Lingle nominated Associate Justice Mark E. Recktenwald to serve as Chief Justice of the Hawaii State Supreme Court.

Recktenwald, 54, would succeed Chief Justice Ronald Moon to become Hawaii’s fifth Chief Justice.  He would serve an initial 10-year term as the head of the State’s highest court, while overseeing the Hawaii Judiciary.

“I am honored to appoint Associate Justice Recktenwald to be Hawaii’s next Supreme Court Chief Justice,” said Governor Lingle. “In addition to his outstanding legal expertise, Justice Recktenwald possesses exceptional leadership ability and strong administrative experience that garners respect and admiration, while achieving results.”

Lingle’s previous nominee, Intermediate Court of Appeals associate judge Katherine Leonard, was criticized for not having enough administrative experience for a job that requires much more than sitting at the top of the highest court in the land. The Chief Justice has a host of other administrative responsibilities, including presiding over the State Senate if the governor, lieutenant governor, or appointed officer are impeached, according to the Hawaii State Constitution.

Last week, the State Senate rejected Leonard, who had received support from the Hawaii Women Lawyers, former Hawaii Supreme Court Justice Robert Klein, and lawyer William McCorriston. The Board of Directors of the Hawaii State Bar Association rated Leonard as “unqualified.” Honolulu lawyer Eric Seitz wrote to the Hawaii State Bar Association that he “strongly opposed” Leonard’s nomination in July. Concerns were again raised about Leonard’s judicial and administrative experience.

Following the decision, Lingle released a statement condemning the Senate’s rejection and calling their decision process flawed.

Lingle’s selection of Recktenwald appears to address the criticisms about administrative experience brought against her previous nominee.

Recktenwald joined the Supreme Court last May when Lingle appointed him to replace retired Associate Justice Steven Levinson. He previously served for two years (2007-2009) as chief judge of the Intermediate Court of Appeals, during which time he participated in deciding more than 250 cases on their merits and authored 10 published opinions. Under his guidance, the court moved forward in implementing a 2006 reorganization plan of the appellate system, with an emphasis on deciding the court’s cases more promptly. The appeals court also instituted the practice of holding oral arguments on a regular monthly basis.

In both of his prior confirmation proceedings, Recktenwald was unanimously confirmed by the State Senate (25-0 for chief appellate judge and 22-0 for associate justice).

Prior to his appointment to the Intermediate Court of Appeals, Recktenwald served as the director of the Department of Commerce and Consumer Affairs from 2003 to 2007. During his tenure, he focused on expanding protections against identity theft and enforcing Hawai‘i’s consumer protection laws, including guarding against unfair and deceptive trade and business practices, and insurance and securities fraud.  He also worked to make the department’s services more convenient for the public by expanding and enhancing on-line services.

Recktenwald is a former assistant U.S. Attorney (1991-1997, 1999-2003) who was responsible for litigating civil and criminal cases including white collar crimes. He served as the health care fraud coordinator and environmental law enforcement coordinator for the U.S. Attorney’s Office, and was a prosecutor in wildlife crimes and fraud involving financial institutions, taxes, and investment scams. He also worked in the civil division, handling cases in which the government sought civil damages for fraud.

Recktenwald was a partner with the law firm of Marr Jones and Wang (1997-1999) where he specialized in employment litigation. He also worked as an associate with Goodsill Anderson Quinn and Stifel (1888-1991) and was a law clerk to Chief U.S. District Judge Harold Fong (1986-1987). In addition, he has experience working as an investigator/researcher for the United States Senate as well as a committee clerk for the Hawaii State Legislature. He previously worked as a reporter in the United Press International’s Honolulu Bureau. He is a graduate of Harvard University and the University of Chicago Law School.

Lingle selected Recktenwald from a list of five remaining candidates, which included Leonard, that were submitted to her by the Judicial Selection Commission on June 22. All of the candidates were interviewed by Lingle, as well as a committee made up of members of the governor’s senior staff and cabinet. The governor also invited the public to submit comments on the candidates.

According to the Hawai‘i State Constitution, the State Senate has 30 days to confirm or reject the nomination.  If the Senate fails to take action within 30 days, it shall be deemed to have given its consent to the Governor’s appointment.

During her term in office, Governor Lingle has named two of five justices to the Hawai‘i Supreme Court, five of six judges to the Intermediate Court of Appeals, and 17 of 33 judges to the Circuit Court.