Tom Gorak will remain in his position as a member of the Public Utilities Commission.

Judge Edwin C. Nacino of the Hawaii First Circuit Court ruled today that Gov. David Ige’s appointment of Gorak to be a member of the PUC is valid.

Former PUC Chairwoman Mina Morita filed a complaint against Ige’s appointment of Gorak, alleging Gorak has no legal right to hold the position and seeking to remove him. Ige appointed Gorak as an interim member of the commission to take over for Mike Champley, whose term expired June 30.

Nacino held a hearing on the issue Thursday.

The appointment was met with controversy as it came just two weeks before the PUC announced its decision to reject Florida-based NextEra Energy Inc.’s $4.3 billion offer to purchase Hawaiian Electric Industries Inc. Ige was outspoken in his opposition to the sale.

Morita as well as some members of the Senate — the body responsible for confirming state regulator’s appointments — questioned the legality of the appointment.

Morita’s complaint is based on the fact that Gorak did not have a vacancy to fill and has not been confirmed by the state Senate. The Legislature adjourned in May and will reconvene in January.

Morita argued that Ige should have let Champley remain in office until a new commissioner could be confirmed by the state Senate.

Morita may elect to appeal the judge’s decision within 30 days.

State Attorney General Doug Chin said in a formal opinion in July — in response to a request from Senate President Ron Kouchi (D, Kauai-Niihau) —that the Hawaii Constitution authorized Ige to appoint Gorak on an interim basis to the PUC.

“The interim appointments authority is part of Hawaii’s constitution,” Chin said in a statement today. “Today’s ruling affirms Governor Ige’s exercise of that authority.”

Gorak’s appointment lasts until the end of next legislative session in May 2017, unless he is confirmed by the Senate.