Hawaii’s Newest Supreme Court Associate Justice Will Be Mike Wilson
Mike Wilson’s fate was in the hands of 24 elected officials Monday, and 23 of them decided to approve his nomination to the Hawaii Supreme Court.
The lone “no” vote in the state Senate came from Roz Baker, who questioned Wilson’s work ethic, his diligence and his behavior toward subordinates, especially women.
Baker’s concerns were similar to those of the Hawaii State Bar Association, who rated Wilson, a Circuit Court judge, “not qualified” to sit on the state’s high court. She had heard from several people who opposed Wilson and spoke with her confidentially.
“I expect more of a judge,” she said on the Senate floor, as Wilson, his family and supporters observed from the Senate gallery.
But Clayton Hee, who guided Wilson’s nomination through two long and sometimes feisty confirmation hearings, said no proof surfaced to back up claims made against the nominee.
The Judiciary and Labor committee chairman said no stone had been left unturned in a search for evidence.
“There is nothing that this committee, in my humble opinion, has not undertaken to put him under the heaviest scrutiny that I have ever participated in because, like all of you, I take this responsibility very seriously,” Hee said.
Sens. Laura Thielen and Michelle Kidani voted “aye” with reservations. Sen. Glenn Wakai was absent.
Wilson’s confirmation was a big victory for Gov. Neil Abercrombie, who selected him from a list of six applicants sent to him by the state Judicial Selection Commission. Had Wilson been rejected by the Senate, it would no doubt have reflected poorly on the governor as he seeks re-election.
Abercrombie was not at the Senate Monday for the final vote on Wilson. A spokesman said he was attending a funeral in Hilo.
Judge Mike Wilson and Sen. Roz Baker on the Senate floor after the vote.
A spokeswoman for the Judiciary says Wilson will be sworn in by Chief Justice Mark Recktenwald within a month’s time.
The floor vote began with Hee reading from prepared remarks.
The senator recapped how his committee had handled the nomination. He explained that he gave ample opportunity for anyone who objected to Wilson to come forward, and expressed gratitude at the “unprecedented” testimonies from two members of the Judicial Selection Commission before the Senate panel on Saturday.
Hee also reiterated the commission’s view that a judge’s performance evaluations must be kept confidential and that sexual harassment and discrimination are “not to be tolerated,” while also acknowledging that it takes “courage” for victims to come forward to make accusations.
But the senator pointed out that “no one came forward” to accuse Wilson, adding that any claims against the nominee were “unsubstantiated and unknown.”
Baker, however, had a far different view of the nominee and the nominating process.
She said she had questions about Wilson’s appropriateness for the job as soon as she heard his nomination announced.
Baker said she wondered whether the state “could do better … was he the best and brightest?”
She said she was told that Wilson created a “hostile” work environment, did not treat others “with respect,” was not “diligent” and expected others to do his work for him.
She raised the concerns directly with Wilson, she said, but the judge denied them.
“But I had a nagging doubt in my stomach,” she said.
Baker also said Wilson should have recused himself from a case represented by Janice Kim, an attorney who said in written testimony in support of Wilson that the two had been set up on a date following her divorce in 2008.
And, Baker said she had heard directly about Wilson from others — “from people that I know their veracity” — who shared their concerns in confidence. She said “the powerless” feared coming forward.
Mike Wilson exiting the Senate chamber after the vote.
Thielen, also a member of the Senate Women’s Caucus that last week asked Hee to allow for more time on the Wilson nomination to allow for people to come forward, said she would support Wilson, but “with very serious reservations.”
Like Baker, she had been contacted by people who shared concerns. Thielen said it was “unfortunate” that she and others were not allowed to look at Wilson’s performance evaluations in order to see if what she had heard in private was valid.
Thielen also brought up Anita Hill, who 23 years ago accused Clarence Thomas of sexual harassment. Pointing to a , Thielen said it was important to recall that Hill did not appear voluntarily before the U.S. Senate Judiciary Committee and did so only after Hill’s interview with the FBI was leaked to the press.
“She was a reluctant witness,” said Thielen, explaining that Hill received death threats after she spoke out.
Sens. Malama Solomon and Sam Slom also spoke on Wilson’s nomination, both in support. (Slom compared the confirmation process for Wilson to “a public colonoscopy.”)
Before Senate President Donna Mercado Kim could call for a vote, however, Hee wanted the last word.
Speaking without prepared remarks this time, Hee forcefully defended his handling of the nomination, and said it was the governor who selected Wilson, not the Senate; that there was plenty of time to consider the nomination; reiterated that the judicial nominating process is flawed because of how the bar association handles things; and that the chief justice himself was implicated in the process by allowing Rod Maile, the administrative director of the courts, to give Wilson’s personnel records to Wilson at the request of the Women’s Caucus.
The senator also read from Kim’s testimony on Wilson to illustrate how favorably she looks upon the nominee personally and professionally; suggested Baker did not understand the rules of judicial recusal, as he did; and stated that “the only shred of evidence” that raised substantive questions about Wilson came from someone who filed an ethics complaint against him with the Office of Disciplinary Counsel over 20 years ago when he was still in private practice.
The council, said Hee, had no such record of a complaint, and that any legal files from that time had long since been destroyed. There was nothing to implicate Wilson.
Mike Wilson speaking briefly with reporters after the Senate vote on his high court confirmation.
And that was it. After the vote, Hee formally introduced Wilson, who stood up triumphantly in the Senate gallery, his right arm raised as if already taking the oath of office. Wilson then went down to the Senate floor to receive congratulations from senators — Hee and Wilson exchanged a deep hug — and to take a group photo.
The future associate justice, bedecked with lei, then met briefly with reporters in the Rotunda in what may have been his only interview with media during the confirmation process. He didn’t say much.
“I am really humble and grateful for the consent of the Senate,” Wilson said. “Senator Kim and the senators have been kind and patient, and they’ve treated me with fairness and due process. And I am especially grateful to the chairman of the Senate Judiciary, Sen. Clayton Hee, for his courage and his strength and his wisdom throughout this entire process.”
Wilson declined to respond to KITV reporter Catherine Cruz’s question about whether the judicial nominating process should be changed, saying he was “off for lunch” and had to “get back to court.”
Hawaii News Now reporter Keoki Kerr got off a substantive question, too, asking Wilson about Baker’s contention that the judge was responsible for a hostile work environment in his courtroom.
“Can you respond to that? Because you never responded to that specifically,” said Kerr.
Wilson ignored the question, repeating how grateful he was to the Senate before quickly exiting the Capitol.
Contact Chad Blair via email at cblair@civilbeat.com or follow him on Twitter at .
