Citing his reputation as a "judge’s judge," Gov. Neil Abercrombie appointed Circuit Judge Richard Pollack on Tuesday to a 10-year term on the Hawaii Supreme Court.
"I am confident that the core values of the Constitution and the core values of Hawaii are well met in Judge Pollack," the governor said in announcing his selection from five candidates sent to him by the Judicial Selection Commission.
Abercrombie said Pollack’s background includes serving as the state public defender, teaching at the University of Hawaii law school, serving as a substitute judge on the state Appeals Court and writing numerous legal articles.
The governor said other judges, law professors and attorneys seek Pollack’s views and analysis.
"He has that kind of credibility," Abercrombie said.
"The judge is known as a judge’s judge," the governor said.
Pollack thanked the governor for what he called an "unparalleled honor" to serve as one of the five justices on the state’s highest court.
He also indicated his appointment won’t bring any radical shift in the high court’s jurisprudence.
He said the court’s direction, especially in the past year, showed a "very genuine interest and consideration of preserving the rights in our Constitution."
"I would like to see that direction continue, and I would like to be part of that direction," he said.
The appointment to the $151,118-a-year position is subject to Senate confirmation. Sen. President Shan Tsutsui’s office said the Senate is considering a special session in early July, but the dates are not yet set.
Pollack would replace James Duffy, who turned 70 this week, the mandatory retirement age for justices and judges under the state Constitution. Duffy’s last day in office was Thursday.
Pollack was the state public defender in charge of the office’s 90 deputies for 13 years before former Gov. Ben Cayetano named him to the Circuit Court bench in 2000.
Pollack said that if there were any concerns that he couldn’t be fair because of his public defender background, they would have been raised when he was first named to the bench.
He said that as a trial judge he has earned "a tremendous amount of respect" from both prosecution and defense.
Attorneys from both sides, he said, have asked him for references when they applied for judicial positions.
"I have immeasurable respect for our state Supreme Court and our state Constitution," Pollack said.
"I believe our Supreme Court’s most important function is to interpret and uphold our state Constitution, ensuring that the law apply in such a way that all people are treated fairly and equally."
He said perhaps his greatest interest is in the state Constitution’s Bill of Rights. "I think that’s the way you preserve fairness and equality for all people," he said.
The appointment is Abercrombie’s second to the high court. He named Sabrina McKenna as an associate justice last year.
Although Abercrombie will pick a third justice when Associate Justice Simeon Acoba must retire at age 70 in 2014, the 73-year-old governor said he is against the constitutional retirement mandate and would like to see it changed if possible.
He said he’s delighted to make appointments but that the primary goal of a governor should be making the "right appointments."
"We want depth and breadth of experience," he said.
Pollack will turn 70 in July 2020, which would means he would not be able to serve his full 10-year term.
The other four candidates from the selection commission were David M. Forman, 46, interim director of the University of Hawaii law school’s environmental law program; and three judges: Derrick Chan, 56, chief judge of Oahu’s Circuit Court; Dan Foley, 65, the longest-serving state Appeals Court judge, and Craig Nakamura, 55, state Appeals Court chief judge.
