Wilson endorsed by Senate committee for state’s high court

In a unanimous vote of confidence, the state Senate Judiciary and Labor Committee on Thursday recommended the confirmation of Circuit Judge Michael Wilson for the state Supreme Court.

Friends, former law partners, retired judges and prominent attorneys described Wilson as a man of integrity who has the legal acumen and judicial temperament to serve on the state’s highest court.

Senators rejected the Hawaii State Bar Association’s conclusion that Wilson is "unqualified" for the nomination and condemned the unsubstantiated allegations about Wilson’s character that surfaced during the bar’s review process.

But the confirmation hearing did expose Wilson to questions about his personal life, including an uncorroborated account that Wilson, while director of the state Department of Land and Natural Resources, harassed a contestant in the Miss Universe pageant in Honolulu in 1998.

Sen. Clayton Hee (D, Heeia-Laie-Waialua), chairman of the Judiciary and Labor Committee, recommended that Wilson be confirmed by the full Senate. But Hee said the Senate, in an abundance of caution, would wait until later this month to take the vote, enough time for people to come forward and potentially substantiate rumors about Wilson’s character.

For much of the hearing on Thursday, the Hawaii State Bar Association was under closer scrutiny than Wilson, who was nominated by Gov. Neil Abercrombie from a list recommended by the Judicial Selection Commission.

Senators, who have long complained about the secrecy of the bar association’s deliberations, questioned whether they should place any relevance on the bar’s "unqualified" rating for Wilson.

Wilson had been rated "highly qualified" by the bar when he was first named to the Circuit Court in 2000 a time when the bar had "highly qualified," "qualified" and "unqualified" ratings and was rated "qualified" in 2009 when appointed to a second 10-year term.

The bar association, unlike the American Bar Association, does not publicly disclose the specific reasons why nominees are rated "unqualified."

Gregory Markham, president-elect of the bar association, defended the process, explaining that attorneys fear possible reprisals from judges in a small state such as Hawaii. He also said that confidentiality encourages attorneys to come forward and speak candidly.

But senators attacked the bar’s process as unfair to judicial nominees, with some likening it to a Star Chamber, the secret English court of the 1500s and 1600s that held sway over the rich and powerful.

Wilson told senators that he has "a lot of confidence" that questions about his personal life led to the bar association’s negative rating.

Wilson said his interview with the bar initially focused on his professional credentials but soon moved to personal situations, including the alleged Miss Universe incident. Each line of questioning, he said, featured the same query: "Why do you think somebody would say that if it’s not true?"

When asked by Hee whether he felt he had been afforded due process by the bar, Wilson told senators that a "fundamental aspect" of due process was missing from the interview because he was not given specific information regarding the alleged anonymous reports, and "the assumption that seemed to be made was that the nature of the allegation was enough."

Dozens of Wilson’s friends and colleagues offered testimonials about his character.

Judith Pavey, a former law partner of Wilson’s who has known him for 35 years, described him as an even-keeled person who would not treat women with disrespect. She said she did not believe the suggestions about harassment.

"It doesn’t make any sense to me," she said.

Michael Town, a retired judge who was a mentor to Wilson, said Wilson is "a good guy," adding, "His DNA is public service. I’ve sat shoulder to shoulder with him for 12 years. I see nothing that should in any way impugn a wonderful man."

Town said he was disappointed, even appalled, by the bar association’s rating process, which he considers unfair. Asked by Hee what expectation the committee should put behind the negative rating on Wilson, Town said, "Well, based on what I’ve heard, zero."

Stanley Roehrig, a Hilo attorney who worked with Wilson on a lengthy environmental case involving crop damage in the 1990s, described him as a tough litigator.

"We worked well together during that long, long period of time. And when you work close to somebody over a long time, you either know that they’re full of s— or they’re great," he told senators. "And so I’m here to report to you that Mike Wilson was an excellent lawyer."

Roehrig said he felt shame at a bar association rating process that had once found Wilson qualified to be a judge and now finds him unqualified.

"Locals would say it is just chickens— what happened," he said. "And I’ll leave it at that."

Senate Minority Leader Sam Slom (R, Diamond Head-Kahala-Hawaii Kai) said he has been frustrated by what he called "stonewalling" by the bar association over the years.

"It begs the question, How many previously qualified good individuals suffered at the hands of this nameless, faceless Star Chamber?" he asked.