The recent appointment of Maria Penn to the Oahu Family Court marks an important and long-overdue step toward greater inclusion of the Filipino community in Hawaii’s judiciary. If confirmed, Judge Penn would become the 7th full-time judge of Filipino ancestry serving in the state. Her appointment is a meaningful milestone, and we celebrate her achievement.
At the same time, the broader pattern of underrepresentation remains deeply concerning — especially in the higher courts. Despite strong Filipino candidates making the short list for recent vacancies in the appellate, circuit, district and family courts, only one Filipino jurist was selected among eight appointments made by Gov. Josh Green and Chief Justice Mark Recktenwald. The three most recent appointments to the circuit and appellate courts, while commendable for furthering gender representation, did not include a single judge of Filipino ancestry.
Currently, only two judges of Filipino descent serve on the Circuit Court bench in Honolulu (out of 23), and none in Maui or Hawaii island.
This gap cannot be ignored. Of the 78 full-time judges in Hawaii, only seven (with Judge Penn) are of Filipino ancestry — even though Filipinos make up nearly 25% of the state’s population. No Filipino has served on the appellate courts in over a decade. That silence on our benches speaks volumes.
This absence is not merely a matter of ethnic pride or symbolic inclusion — it raises serious questions about equity, public confidence and the legitimacy of our institutions. Courts are among the most powerful engines of governance in a democracy. Judges interpret laws, but also exercise discretion in ways that shape lives, communities and systemic outcomes.
When an entire community — especially one as large and historically marginalized as the Filipino community — is missing from the bench, that power is not being exercised with the full diversity of experience and insight that Hawaii deserves.
Filipinos have long formed the backbone of Hawaii’s labor force, from sugar plantations to modern-day hospitals, hotels, schools and unions.
Yet our access to elite spheres of decision-making — particularly the judiciary — has been limited at best. The bench, despite progress in gender and some ethnic representation, continues to reflect long-standing hierarchies shaped by race, class and educational privilege.
This is about more than numbers. The Filipino experience in Hawaii is distinct. Our migration history, colonial relationship with the United States, and evolving identity all shape how we interact with the legal system. Issues ranging from labor rights to immigration, domestic violence, language access and educational equity frequently arise in ways that demand culturally informed judicial perspectives.
A judiciary that includes more Filipino judges would bring invaluable lived experience and community insight — something no training or workshop can replicate. Representation doesn’t guarantee outcomes, but it enriches the range of perspectives that shape justice. It fosters trust.
It signals that the courts belong to all of us.
Some insist the bench is a pure meritocracy. But that logic ignores the structural barriers — lack of mentorship, uneven access to elite education and implicit bias — that routinely disadvantage working-class communities. Filipino attorneys are not absent from the legal profession — they’re simply not being appointed to the bench.
Fixing this requires intention. The Judicial Selection Commission, governor, chief justice and legal institutions must actively identify, support and elevate qualified Filipino candidates. Until that happens, our courts will remain unbalanced — and justice, in part, unseen.
Rebecca P. Gardner is 2025 president of the Hawaii Filipino Lawyers Association, and submitted this on the group’s behalf.
