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JAMM AQUINO / JUNE 30, 2015
Steven Levinson, former Associate Justice of the Hawaii State Supreme Court, poses for a portrait on June 30, 2015 in his residence in Manoa.
Mayor Kirk Caldwell today appointed retired Hawaii Supreme Court Associate Justice Steven Levinson to the embattled Honolulu Police Commission.
Levinson’s appointment, which would run through Dec. 31, 2020, requires confirmation from the City Council.
Levinson would replace commission Chairman Ron Taketa, who has been public face of the seven-member panel as it has fended off accusations that it has not done enough to address recent controversies involving Chief Louis Kealoha and HPD officers.
Taketa, who has been a holdover since Jan. 1, will continue to serve until Levinson is confirmed. After that, the commission will need to pick a new chairman.
Levinson was on the High Court from 1992 to 2008. Prior to that, he was a Hawaii Circuit Court judge. He has been a director with the American Civil Liberties Union of Hawaii since 2009.
Levinson was the justice who wrote the 1993 opinion in the case Baehr v. Lewin, which said the state needed to show a compelling interest for denying marriage licenses to same sex couples.
In an interview with the Honolulu Star-Advertiser shortly after his nomination was announced today, Levinson said he’s aware of the criticism that’s been lodged against the commission but wants to reserve comment on those issues until he’s had a chance to sit-in and learn more. “I’m going in with an open mind,” he said.
Levinson said, however, that he supports an amendment to the City Charter, before voters next month, that would allow the commission to subpoena witnesses or evidence, and makes it clear that the panel can remove or suspend the police chief for any reason at any time. The chief will also need to provide in writing the reasons for any disagreement with a Police Commission recommendation under the proposal.
“It’s a step in the right direction that the Police Commission be given subpoena powers to put some teeth into its investigative functions,” Levinson said, adding that he supports the other provisions in the amendment as well.
The biggest of the controversies surrounding HPD is a widely publicized federal grand jury investigation into alleged wrongdoing on the part of Kealoha and his wife, Katherine. The two, meanwhile, filed a lawsuit against the city claiming that the Ethics Commission under former Executive Director Chuck Totto conducted an investigation against them that they believed was groundless.
Mayoral challenger Charles Djou has blamed HPD’s problems and the commission’s handling of those issues on Caldwell.
The mayor, however, said the main thing he can do is appoint commission members who are accountable to the public.
In June, Caldwell appointed attorney Loretta Sheehan, who has openly voiced frustration that the commission has not done more to address the criticisms. Like Levinson, Sheehan supports the proposed Charter amendment giving the commission broader powers.
Taketa, in May, said the proposal only clarifies the commission’s authority. The commission can fire the chief and impose lesser forms of discipline as it sees fit. If Kealoha were indicted, he would not be automatically suspended, but the commission would take action against him if evidence of wrongdoing were discovered, he said.
“Mayor Kirk Caldwell appointed retired Hawaii Supreme Court Associate Justice Steve Levinson to the embattled Honolulu Police Commission by Mayor Kirk Caldwell.” Who wrote this thing? I won’t ask about the editor because it doesn’t look like it was actually edited.
very poor writing skills, thought i was seeing doubles, i did i did see a putty cat, cmon SA!
Well, they did have a reduction of staff recently.
Yeah, poor writing but I’m thinking that this will be a very good appointment. His integrity is beyond question.
Integrity is good. Only question I have is how many ordinary citizens with no connection to HPD, Judicial, any area of city or state government? Review board needs several ordinary citizens to assist with the review process. Giving the board a point of view it lacks when stacked with state workers in the legal area.
Then again this is the little 10th world of Hawaii Nei where HPD willfully conceals certain crimes from the crime map. HPD bureaucrats do not want the public to know the shoddy job they are doing. Basically cooking the books.
Oh boy! Levinson’s Baehr v. Lewin opinion was heavily criticized by jurists and scholars as one of the most poorly written legal decisions of all time, employing embarrassing fits of bogus legal gymnastics.
Huh? The only even remotely critical article I found was from a 1995 volume of the Journal of Contemporary Health Law & Policy. The article concluded that some of the reasoning may be tenuous but the judgement itself was sound. Subsequently, the Us Supreme Court validated the Hawaii decision when it applied 14th Amendment protections to the rest of the US.
Yeah, it wasn’t the outcome but the contrived way to get there. Let’s hope Levinson doesn’t employ an “ends justify the means” approach in his new job. He seems like a nice enough guy, and pretty bright.
Nope!
Too little, too late Caldwell. The whole mess with HPD and Kealoha rests squarely with you and you alone.Perhaps you should start listening more to the public, and less to Shopo and other public worker unions. Kealoha should have been removed long ago.You need to start acting in the best interests of all the people, not just the ones that donate to your campaign.
saywhatyouthink, Agreed, too little, too late.
Great appointment, great mind! Hopeful for real change at HPD.
Looks like maybe another good appointment. I think Caldwell perhaps should be commended for this.
You are too f * * K ing funny
Outstanding choice. Now my money is on Councilmember Trevor Ozawa voting against him like he voted against the new member who is actually doing her job.
Excellent choice. I have full confidence that he will restore integrity to the Police Commission. A very honorable man.
Great appointment. Qualified for the job and able to work with others. Good job, Kirk!
How about a mayor who is accountable to the public!
Nah…he holds himself to a higher standard. His own.
Levinson will be a superb choice for the police commission. Ms. Sheehan, too, is bringing fresh energy and eyes to the commission. Presuming the charter amendment passes, that will be one more thing pointing in the right direction.
Though I’d love to see this all happen faster, still I’m hopeful.
Mr. Levinson will be great improvement over Chairman Taketa who was nothing more than a cheering section for HPD Chief Kealoha …..hopefully the commission will do an administrative review on the chief to determine whether or not he violated any existing laws or rules and if he is fit to continue leading the police department……