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Gm1 Testimony Jdc 07-27-21 GM-1 Submitted on: 7/22/2021 5:50:21 AM Testimony for JDC on 7/27/2021 11:00:00 AM Testifier Present at Submitted By Organization Position Hearing Trever Asam Individual Support No Comments: I am writing in strong support of Mr. Gluck's nomination. I am an attorney in private practice at the law firm of Cades Schutte and have known Mr. Gluck for 16 years. Throughout that time, I have always found him to be intelligent and thoughtful. In his recent role at the State Ethics Commission, I have often reached out to Mr. Gluck for guidance and assistance in an uncertain area of the law. Mr. Gluck has always approached these questions with the goal of developing a culture of compliance and understanding of the ethics code, rather than trying to use the ethics law as a weapon. I have not always agreed with his conclusions, but I have always respected the thought and intent behind them. He is a great attorney and will make a great judge. Perhaps more importantly, however, he is also an exceptional human and the type of person that we need on the bench. Thank you, Trever Asam Holly F.B. Berlin [email protected] (808) 728-5520 July 27, 2021 To the Committee on Judiciary: I write in strong support of Daniel M. Gluck’s nomination to the Intermediate Court of Appeals. I have known Dan for over ten years—first as a colleague at the ACLU of Hawai‘i, and then as a mentor and friend. He is an asset to our legal community. Voting yes on his confirmation would be to the benefit of all your constituents. Dan has been a leader in the community for many years. Dan’s resumé speaks to his commitment to public interest work. As part of this, he also cares deeply about diversifying the bench and bar to include opportunities for individuals from underrepresented groups. I was born and raised in Waialua and graduated from Kahuku High School in 2009. It is because of Dan’s mentorship and guidance that I am now an attorney myself, having recently served as a law clerk at the Hawai‘i Supreme Court. As a judge, Dan would continue to nurture and inspire the next generation of lawyers. Leadership from the bench in this manner is vital but not often discussed in selecting new jurists. Dan’s many other skills also make him an ideal candidate for a judgeship. First, he is a brilliant legal thinker. We rely on judges to read and synthesize an enormous amount of material, including the parties’ briefs and prior judicial opinions, and then apply the law to the facts of each case. Having seen Dan’s legal work firsthand, particularly his ability to quickly learn a new area of law, I trust him completely with this difficult task. Judges must be lifelong learners because each case presents new issues. Dan will put in the work and do it well, with his signature enthusiasm and intellectual curiosity. Second, Dan is a thoughtful person who treats everyone with respect. ICA judges hold power to interpret the law—not just for litigants before them, but for all who live in our state. I know that Dan would take this responsibility seriously because I have seen how much he cares about fairness, truth, and the dignity of every individual. In sum, I urge the committee to vote yes on Dan’s nomination to allow him to continue his public service from the bench. Thank you for your time and attention to this important matter. Sincerely, Holly F.B. Berlin Testimony of Jacquie Esser to the Senate Committee on Judiciary July 27, 2021 GM1: TESTIMONY IN SUPPORT OF THE CONFIRMATION TO THE INTERMEDIATE COURT OF APPEALS AS ASSOCIATE JUDGE, GUBERNATORIAL NOMINEE, DANIEL M. GLUCK Chair Rhoads, Vice Chair KeohoKalole, and Members of the Committee: I aM writing in strong support of the confirMation of Gubernatorial Nominee Daniel Gluck to the Intermediate Court of Appeals. I have Known Dan GlucK for over thirteen years and in that tiMe have come to know hiM well and respect hiM very Much. I first Met Dan GlucK in 2008 while a legal extern at the ACLU of Hawai‘i where Dan GlucK worKed as the Senior Staff Attorney at the tiMe. He has reMained a friend and Mentor ever since. Dan GlucK is one of the Most intelligent, diligent, decisive, and coMpassionate people I know. His intellect is Keen, his breadth of Knowledge iMpressive, and his coMMitMent to service and justice deep. He is also a dedicated family Man with a strong sense of coMMunity. In My opinion, Dan GlucK will be an outstanding asset to the ICA. ThanK you for the opportunity to testify on this Measure. GM-1 Submitted on: 7/22/2021 1:03:48 PM Testimony for JDC on 7/27/2021 11:00:00 AM Testifier Present at Submitted By Organization Position Hearing Pankaj Bhanot Individual Support No Comments: Aloha Chair Rhoads, Vice Chair Keohokalole and members of the Senate Committee on Judiciary! My name is Pankaj Bhanot and I am testifying as an individual citizen and resident of our Aloha State. Thank you for the opportunity to testify in strong support of Mr. Daniel Gluck's nomination to the Intermediate Court of Appeals (ICA) as Associate Judge for a term of ten (10) years. I fully understand the concerns raised by many in our community about Dan’s qualification to sit on the ICA bench. The concerns include: (1) Mr. Gluck's legal career pathway has not resulted in as much litigation and appellate experience as others on the list provided to the Governor; (2) the Governor has picked the only white male on the list; (3) the Hawai’i appellate courts have not had native Hawaiians or Filipinos seated for some time and do not reflect the diversity of our community; and/or (4) Mr. Gluck is not from Hawai’i. As a person of color, I am fully aware and agree that all our branches of government should reflect the make-up of our community. On the other hand, our Communities also include qualified and good white males and females and they are as committed to our Aloha State as any other person living and working in Hawaii. We have examples of that across the board in our public and private sector. There are also many people of color, who were not born or raised in Hawaii (for example myself), who have made Hawaii their home and selflessly served Hawaii and its people for decades. Dan has done the same for a long time. Dan works and lives with his wife and children in Honolulu full-time since 2003. Dan’s inclusion in the list of qualified individuals fit to serve on the ICA through Hawaii’s merit-based appointment process signifies that he is qualified for the office. I have to believe that the process of selection was rigorous and fair. If the process is flawed or rigged, then we have to do something to correct the problem. As a US Citizen and resident of Hawaii, and as a fourth generation lawyer, I understand the value of practicing law. Practice of law, as you well know, does not exclusively include trial experience. It is also not the only criteria for judicial appointments at any level. In our country, we have countless examples of judges being appointed to various levels of judicial appointments, including the US Supreme Court, where the nominee/appointees trial or appellate level experience was limited or negligible. One of the most brilliant legal minds of our country, Justice Elena Kagan, was appointed as the Associate Justice of the US Supreme Court and she had a negligible record of trial or appellate experience. She worked on 5 legal cases, which never went to trial. She was also appointed as the US Solicitor General with no experience of appearing before the Supreme Court. Justice Kagan has turned out to be a brilliant jurist. What Justice Kagan has is an excellent legal mind and judicial temperament, which makes her a great jurist. In my humble opinion, what a good judge needs is a legal acumen and judicial temperament, which Dan possesses in bulk. Dan, just like Justice Kagan, has the legal education, legal experience of interpreting, analyzing, and applying substantive law while he served and continuing to serve our State in various capacities. Dan practiced law at Hawaii Ethics Commission, UH Refugee and Immigration Law Clinic, Volunteer Legal Services of Hawaii, ACLU, Mediation Center of Hawaii, Adjunct Professor of law at the UH, Litigation Associate with Alston Hunt, Floyd and Ing, and while clerking for Judge J. Michael Seabright and Justice James E. Duffy Sr. All the legal cases he dealt with while serving in various capacities included all aspects of law a trial or appellate attorney will go through. His legal experience clearly shows that he is fully capable of analyzing, interpreting and applying substantive law to any legal matter/situation and has judicial temperament to be compassionate, decisive, open-minded, sensitive, courteous, patient, independent from bias and committed to equal justice. Dan will make an excellent judge. I request this Committee and full Senate to give Dan a fair consideration based on the totality of his legal experience, judicial temperament, and contribution to our Aloha State and confirm his appointment as Associate Judge of the ICA. Thank you for the opportunity to testify. DAPHNE E.BARBEE ATTORNEY AT LAW CENTURY SQUARE, SUITE 1908 1188 BISHOP STREET 1}”~i> i ; w._.t.1i it ,,, .
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