Governor’s lawyers ask judge to toss suit by Star-Advertiser

Gov. Neil Abercrombie cites the lists of judicial candidates disclosed by his predecessor to support his position that he shouldn’t have to disclose the names, according to a request filed Friday by state lawyers to dismiss the Honolulu Star-Advertiser’s lawsuit against the governor.

Unlike his predecessors, Abercrombie has refused to disclose the names on the lists of the judicial candidates submitted to him by the state Judicial Selection Commission, saying the disclosure would discourage people from applying to the bench.

In his request to dismiss the suit, he said the lists of judicial names that former Gov. Linda Lingle disclosed "suggest that the disclosure could have had an adverse effect" on who was willing to apply to be a state judge.

The commission submits names of four to six candidates for each judicial vacancy that the governor must fill.

The state’s request said only 10 people — eight judges and two private lawyers — were on Lingle’s lists to fill vacancies on the Hawaii Supreme Court. Lingle filled three vacancies.

Only 17 people — including nine judges and three private lawyers — were on the lists for eight vacancies on the Hawaii Intermediate Court of Appeals, state lawyers said.

Sixty-one people — 15 judges, 23 government lawyers and 23 private attorneys — were on lists for 17 Circuit Court positions, the lawyers said.

Abercrombie is asking Circuit Judge Karl Sakamoto to throw out the newspaper’s lawsuit, which seeks a court order under the state open records law directing Abercrombie to release the names he received from the commission.

Sakamoto has scheduled a hearing for Nov. 14 on Abercrombie’s request as well as the Star-Advertiser’s motion for the court order.

Former Govs. Ben Cayetano and Linda Lingle disclosed the lists they received from the commission.

Diane Hastert, the newspaper’s lawyer, said the paper will review Abercrombie’s request and "respond timely."