Despite the Judicial Selection Commission’s decision to release the names of judicial finalists, the state is still considering whether to appeal a judge’s ruling that Gov. Neil Abercrombie must make public the lists of candidates for his three appointments this year.

Attorney General David Louie said Friday that no decision has been made on whether to seek a review of Circuit Judge Karl Saka-moto’s ruling Monday that granted a request by the Honolulu Star-Advertiser for a judgment requiring the governor to release the names.

Sakamoto issued his ruling from the bench; the written order is still being prepared.

Louie said the state first wanted to "review and evaluate" the judge’s written order.

On Wednesday the Judicial Selection Commission announced that it has amended its rules and will release its lists of candidates for future appointments at the same time it sends the names to the governor and chief justice.

Louie said in a news release that the commission’s decision has the "practical effect" of making the lists public regardless of who releases them.

But he said it doesn’t mean the state won’t appeal Sakamoto’s decision.

"We recognize the right of the Judicial Selection Commission to change its rules and decide on its own authority whether to publicize the names on the list," Louie said.

"But this does not change the holding in (the 1993 Hawaii Supreme Court decision) that provided the governor with the discretion to release the names, contrary to Judge Sakamoto’s ruling against the state in the recent case filed by the Star-Advertiser."

The previous two governors, Ben Cayetano and Linda Lingle, routinely released commission’s lists for more than 45 judicial appointments.

But Abercrombie refused to do so when he appointed Sabrina McKenna to the Hawaii Supreme Court and two judges to the Circuit Court this year.

He said the disclosure would have a "chilling effect," discouraging lawyers from applying because their names might be made public.

Judge Sakamoto ruled that Abercrombie’s rationale was "speculation" because the state’s lawyers didn’t present any evidence to support that point.

The commission was also aware of the governor’s theory.

"There were stories (about the "chilling effect"); we considered everything, and the end result (was) we’re making the lists public," said Susan Ichinose, Judicial Selection Commission chairwoman.

She said disclosure wasn’t an issue until Abercrombie refused to release the names.

"As a public body, I think we have a duty to the public to be more informative and educational than before," she said.

The nine-member commission has eight members because Gov. Linda Lingle’s appointee, Lloyd Yonenaka, resigned earlier this year, Ichinose said.

She said the commission is waiting for Abercrombie to fill that slot.

Ichinose and commissioner James Bickerton were elected by members of the Hawaii State Bar Association. The other members are appointed by the governor, chief justice, Senate president and House speaker.

Under the state Constitution, the governor must appoint each state, Appeals and Circuit court jurist from lists of four to six candidates from the commission.

The chief justice appoints district judges from the commission’s lists of at least six names.

The appointments are subject to Senate confirmation.