Hawaiʻi Supreme Court Associate Judge Vladimir Devens was confirmed by the Senate to be the state’s next chief justice.
Devens will fill the position left by Chief Justice Mark Recktenwald, who retired in September because of the 70-year-old age limit on judges in Hawaiʻi.
Devens's confirmation process has been controversial. It was reported that he did not disclose his board membership on the political action committee, Be Change Now.
It's operated by Pacific Resource Partnership, an organization deeply involved in local politics that has funded negative attack ads against U.S. Rep. Jill Tokuda and Lieutenant Governor Sylvia Luke.
However, Sen. Stanley Chang spoke on the floor, defending Devens's nomination.
“ He also called for a top to bottom review of the judiciary to identify and fix inefficiencies while planning for longer term improvements. In addition, he highlighted deteriorating court facilities and the costs of deferred maintenance,” he said. “These are the reasons that I believe Justice Devens is prepared to lead our judiciary with integrity, fairness, and respect, and to ensure the impartial, efficient administration of justice in our state.”
Five senators voted against Deven’s confirmation on Thursday: Karl Rhoads, Lorraine Inouye, Michelle Kidani, Carol Fukunaga and Joy San Buenaventura. Five members also voted yes with reservations.
San Buenaventura raised her concerns about Deven's nomination during the floor vote.
“ To me, a character of a person is determined not when everyone is watching, but when no one is watching,” she said. “He knew what he went into when he became a member, a director of one of three, of Be Change Now. He knew the character of the organization he chose to be a member of. He wasn't hired. He wasn't of counsel. He wasn't an attorney. He chose.”
Sen. Les Ihara, who voted yes with reservations, thought the situation further illustrated the need for the publicly funded election system in Hawaiʻi.
“ I feel there's a possibility of sustained tension and public attention on the boundaries needed to protect and safeguard Hawaiʻi's constitutional officers from the outside influence so that we and they could faithfully perform their duties to the constitution,” he said.
“If we have values guiding our election system, a publicly funded system. I believe it can be a trust infrastructure in which we live and conduct our constitutional duties faithfully and free of external pressure, and not as an operating expense,” Ihara said.
Before becoming a judge in 2024, Devens was a trial lawyer, working in private practice for over 30 years. He also spent time as a police officer after completing law school.
Devens's term as chief justice is 10 years, although before then, he will also reach the 70-year-old age limit for judges. However, there is a measure still moving through the Legislature that would put the question to voters to amend the state constitution to extend the age limit for judges to 75-years-old.
