Senate Takes Action on Two Judicial Appointments

The Hawaii State Senate took action on the two pending court appointments in its second special session in 2021 on Thursday. The first action the Senate took was to approve the appointment of Leslie Maloian to the First District District Family Court. Daniel Gluck informed the Senate earlier that day of his intention to withdraw his name from the confirmation process. The Senate proceeded to a procedural vote not to deliberate and approve his appointment.

Leslie Maloian approved for the first circuit

Judge Maloian has served as an assistant public defender in Honolulu for 18 years. Previously, she was an associate in Ellen Politano’s law firm for two years, representing clients in family court cases including divorce, restraining orders, alimony, child support and paternity. From 1996 to 2001, Maloian served as the Assistant Public Guardian in Chicago, where she served a caseload of over 150 families and attended daily banking classes, administrative hearings, and criminal trials. She holds a Bachelor of Arts from City University of New York (CUNY) – Baruch College and a degree from Valparaiso University School of Law.

“I want to thank Judge Maloian for filing her name on the First District District Family Court,” said Senator Karl Rhoads (District 13 – Dowsett Highlands, Pu’unui, Nu’uanu, Pacific Heights, Pauoa). Punchbowl, Palama, Liliha, Iwilei, Chinatown and Downtown), Chairman of the Senate Judiciary Committee. “I am confident that she will be a great addition to the bank and I wish her the best of luck in this new role.”

Daniel Gluck informs the Senate of his intention to withdraw

Daniel Gluck announced to the Senate on Thursday of his intention to withdraw his name from the confirmation process. The Senate proceeded to a procedural vote not to deliberate and approve his appointment.

Due to the actions of the Senate and pursuant to Article VI Section 3 of the State of Hawaii Constitution, the governor must make another appointment within ten days from the list submitted to the governor by the Judicial Selection Board on June 9, 2021.

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“I commend Mr. Gluck for his willingness to step forward and be considered by the Senate for this vacant position in the ICA,” said Senate President Ronald D. Kouchi (District 8 – Kauaʻi and Niʻihau). “Despite the result, Dan’s professionalism and behavior throughout the nomination process are commendable. We anticipate that the governor will send another candidate to our examination in the coming days and we will begin the review process as soon as a candidate is selected. “

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The second special session in 2021 has been extended and will be convened again at a later date, subject to the convening of the Senate President.

Governor David Ige responded to the message: “I appreciate Mr. Gluck’s willingness to serve our communities and know that he will continue to be a voice for the underserved, regardless of his official position. Although the Senate came to a different conclusion on its appointment, I respect the process. I will send a different name to the Senate within the time frame prescribed by the state constitution. “

The Hawaii State Senate’s rejection of Daniel Gluck’s appointment to the Intermediate Court of Appeals means that Governor David Ige has ten calendar days or August 8 to make another selection from the list of the remaining five candidates presented to him by . were submitted to the judicial selection committee.

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The remaining five nominees are:

  • Lance D. Collins has been a lawyer in his own practice on Maui since 2005. Previously, he was Lecturer in the Legal Clerk Certificate Program, Office of Continuing Education at the University of Hawai’i Maui College and Lecturer in Indo-Pacific Languages ​​and Literature Department (Ilokano), University of Hawaii. Collins earned his AA from what was then Maui Community College and his BA and MA from the University of Hawai’i before receiving his JD from the William S. Richardson School of Law at the University of Hawai’i in 2004. from the University of Hawaii in 2010.
  • Summer MM Kupau-Odo has been a judge at the District Court of the First Circuit since 2018. Previously, she served as Co-Litigation Director / Bar Attorney for Native Hawaiian Legal Corporation, Associate Attorney / Senior Associate Attorney for Earthjustice, Assistant Attorney General for the State of Hawaii, and a Clerk for the Hon. Simeon R. Acoba, Jr., Supreme Court of the State Hawaii. Kupau-Odo attended Maui Community College, earned a BA in English from Pepperdine University, and her JD from the University of Hawaii’s William S. Richardson School of Law.
  • Sonja MP McCullen is currently the assistant attorney for the city and county of Honolulu. Previous positions include – Investigator with the Crime Victim Compensation Commission, Attorney with the United Public Workers Union, Specialist in Justice Education and Legal Trainee with the Hon. Paula A. Nakayama, Hawaii Supreme Court. McCullen is a graduate of the University of Hawaii. She received her JD from the William S. Richardson School of Law at the University of Hawaii.
  • Malia E. Schreck has worked as a lawyer in her own practice since graduating from the law faculty in 2005. She also teaches a pre-trial litigation seminar at the William S. Richardson School of Law at the University of Hawaii. Schreck holds a BS in Policy Analysis and a Masters of Public Administration from Cornell University.
  • Taryn R. Tomasa Gifford is Deputy Public Defender at the Public Defender’s Office, Appeals Department. Tomasa Gifford also served as a public defender in the Trials Division. In addition, she worked as a lawyer in her own practice and as a trainee lawyer for the Hon. John SW Lim, Intermediate Court of Appeal. Tomasa Gifford earned a BA in history from the University of Hawai’i at Mānoa and her JD from the William S. Richardson School of Law at the University of Hawai’i.

The public is welcome to comment on the nominees on the governor’s website: https://governor.hawaii.gov/contact-us/contact-the-governor/

Daniel M. luck also commented on his withdrawal with the following statement:

“I spoke with Governor Ige and Senate President Kouchi to announce my desire to withdraw my appointment to the Intermediate Court of Appeals (“ ICA ”). However, if I had withdrawn, it would have created confusion as to how the next appointment should be made. So my understanding is that the Senate had to proceed with a vote.

“Opponents of my appointment, particularly members of the bar, have been brave to voice their ingrained, legitimate complaints about how systemic racism and inequality permeate our lives. You are right that defying a judicial candidate is not easy. You are right that each of us has a duty to do more to correct historical injustices.

“During the Judicial Committee hearing on my appointment, I stated that I would like to follow the constitutional appointment procedure. I hope, however, that today’s vote can less divide the Senate and Hawaii overall by expressing my desire to withdraw from this process. The community deserves judges who bring us all closer instead of breaking us further. The other nominees on the list have exceptionally impressive credentials; each of them can and will serve the ICA with distinction.

“I applied to be a judge because I wanted to serve the people of Hawaii: to try to promote justice and justice on the islands that I call home. I continue to believe that I have the skills, experience, temperament, and character to resolve cases thoroughly, fairly, quickly, and fairly. The testimony of my qualifications from colleagues, friends, judges, and parishioners – even those who oppose my appointment – demeans me beyond measure. I have been honored, more than words can say, that the Governor has chosen me from such a prestigious list of nominees. I am deeply saddened that I cannot serve as an ICA judge. However, I am sincerely grateful that through this process our lawmakers have shown their unwavering support for social justice. I look forward to seeing concrete next steps in this direction from our policymakers, and hope that I can be of assistance in these efforts.

“I sincerely thank the Judicial Selection Commission, the Hawaii State Bar Association, and the Governor for their trust in me; to the Senate Judiciary Committee and the Senate as a whole for reviewing my appointment; to my family; and to all who testified – both in support and in opposition. I hope that I can serve this community for many years to come. “

Senator Jarrett Keohokalole (District 24 – Kāne’ohe, MCBH, Kailua, He’eia, ‘Ahuimanu), Vice Chairman of the Senate Judiciary Committee, made the following statement regarding Senate action, the appointment of Daniel. not to advise and to agree Gluck to the Intermediate Court of Appeal (ICA):

“I would like to thank Mr. Gluck for his professionalism and willingness to be fully considered by the Senate during this appointment process. Mr. Gluck’s intention to withdraw his appointment to the ICA should be commended as it shows his understanding and commitment to our community in seeking greater diversity in the higher courts. The people of Hawaii have made it clear what qualities they would expect from a potential candidate for the ICA, and I urge the governor to take their votes into account when considering his next appointment. “

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