TESTIMONY OF MARK E. RECKTENWALD TO THE SENATE COMMITTEE ON JUDICIARY AND GOVERNMENT OPERATIONS THE TWENTY-FIFTH LEGISLATURE REGULAR SESSION 2009 Friday, March 6, 2009 9:30 a.m. Conference Room 016 TESTIMONY ON GM 439 RELATING TO MARK E. RECKTENWALD FOR THE POSITION OF ASSOCIATE JUSTICE, SUPREME COURT Chair Taniguchi, Vice Chair Takamine, and members of the committee, thank you for giving me this opportunity to appear before you today. I am honored and humbled to be considered to serve on the Hawai'i Supreme Court. I'd like to thank the Judicial Selection Commission for its work in selecting a very strong list of candidates for this position, and Governor Lingle for nominating me and giving me the opportunity to be considered by the Senate. I came to Hawai'i more than 25 years ago, and the first person I met when I walked off the plane was my future wife, Gailynn. Hawai'i soon became my home, and my only regret was that I didn't come here sooner. There are many people who have supported me in my life, and I'd like to acknowledge and thank some of them. My wife Gailynn, my children Andrew and Sarah, and my parents Bill and Connie have made countless sacrifices for me, and I thank them with all my heart. I am also grateful to the judges and staff of the 1 Intermediate Court of Appeals, who welcomed me to the court when I became a judge almost two years ago in May, 2007. I'd like to thank my predecessor Chief Judge James Burns for his leadership on the court and for the graciousness he has shown me, and Chief Justice Ronald Moon for the support he has given to me and to the court. I am passionate about public service. I have had the opportunity to serve the people of Hawai'i in several different roles, most recently as a judge. My service on the court has been the most exciting and rewarding challenge of my career, and I have worked hard to live up to the trust that was placed in me. I've sought to write opinions that are fair, well-reasoned and clearly written. I've had the opportunity to participate in more than 250 decisions on the merits as part of our three-judge panels. I wrote the court's disposition in more than 80 of those cases, including ten published opinions. As chief judge, I have worked with my colleagues to move forward with the restructuring of the appellate system that began in 2006, under which all appeals now come first to the ICA. We have emphasized deciding cases more promptly, without sacrificing the quality of our decisions. We have also emphasized making the court more open and accessible. I am particularly proud of the court's decision to begin holding oral argument on a regular, monthly basis starting in September, 2007. We have held more than 20 oral arguments since then, which has given the bar and the public more opportunities to observe the 2 court in action. We have also begun posting the court's decision~on the judiciary's website by the afternoon on which they are issued, so they are most readily accessible. I have also sought out opportunities to meet with the legal community, including the neighbor island bar associations, to get input on the work we are doing. My experience as a practicing attorney has also helped to prepare me for the challenge of serving on the supreme court. I worked as a litigator in private practice, representing clients in both federal and state court. I was a federal prosecutor at the u.s. Attorney's Office, where I specialized in prosecuting white collar and environmental crimes. I also represented the United States in civil cases, recovering money fraudulently taken from the government in health care and defense contracts. These experiences have familiarized me with a wide range of areas of the law. Finally, as director of the Department of Commerce and Consumer Affairs, I had the opportunity to lead a department with 370 employees who were dedicated to protecting the interests of Hawai'i's consumers. Serving on the supreme court is a unique challenge. The court addresses some of the most difficult and important issues facing Hawai'i. If I have the opportunity to serve, I would draw on all of the experiences of my career--as a judge, as a practicing attorney, and as someone who has worked in all three branches of government at both the federal and state level--to 3 meet that challenge. My goals as a judge have been simple, and I will continue to pursue them wherever I serve: decide cases fairly and promptly, respect the parties who come before the court, my colleagues and the judicial system, and write opinions that are clear, well reasoned and that faithfully apply the law. I want every litigant, whatever the outcome of their case, to feel that they were treated fairly. In closing, I'd like to express my appreciation to everyone who submitted testimony or who came to testify in person today. I thank the committee for giving me the opportunity to appear before you and for considering my nomination, and I look forward to answering your questions. 4 2/3 18085413579 02:42:54 03-06-2009 UNITED STATES DISTRICT COURT TELEPHONE CHAMBERS Of DISTRICT OF HAWAfi (808) 541·3502 HELEN GILLMOR 300 ALA MOANA BOUlEVARD. C-400 fACSIMILE CHIEF UNITED STATES DISTRICT JUDGE HONOLULU. HAWAfi 96850.()400 (808) 541·3579 March 5, 2009 Brian T. Taniguchi Chair Committee on Judiciary and Government Operations The Senate State Capitcl Honolulu, Hawaii 96813 Dear Chairma.n Taniguchi: Thank you for allowing me to comment on the nomination of Judge Recktenwald to our Supreme Court. In 1994, when I was appointed to the Federal District bench, Judge Recktenwald was an attorney representing the United States as a member of the U.S. Attorney's Office. He was always prepared, articulate, ethical, and yet, compassionate. In short, he was an exemplary attorney. Judge Recktenwald appeared before me regularly for a number of years. His professionalism was always apparent. I was sorry to lose him to other endeavors but I believed he was a person of great capability that would benefit from other experiences. His current nomination reflects the stature he has earned in the larger Hawaii community, and is well deserved. 3/3 1 808541 3579 02: 43: 12 03-06-2009 I am honored to give him the highest recommendation for confirmation by the Senate of the State of Hawaii. Please do not hesitate to contact me if I can be of any assistance. f District Judge Di trict of Hawaii MAR-03-2009 16:38 FROM:US DISTRICT COURT 808 541 1724 TO: 8085866461 " ." ;~1~;t~ UNITED STATES DISTRICT COURT TfilPHONE CHAMBER.S Of DlSTRlCT OF HAWAU (808) 541-1720 SUSAN OK! MOLLWAY :-l!)(J AI A MOANA. BOULEVARD, (-409 F,I.(,'sIMlll:! D1STRlCT JUDG.E HONOLULU, HAWAI I 968'30·04otl (808) 541·1724 March 3, 2009 VIA FAX 586-64tl Senator Brian T. Taniguchi Senate Committee 011 Judiciary and Govenunent Operations Hawaii. State Capitol, Room 228 Honolulu, Hawaii '96813 Re: Chief Judge Mark Recktenwald Dear Senator Taniguchi: Thmk you for allowing me to address Chief Judge Mark Recktenwald's qualifications to be W1 Associate Justice of the Hawai'i Supreme Court. As 1told your committee when it was considering Mark Recktenwald for the position of Chief J IJdge of the Internlediate Court of Appeals, Chief Judge Re¢ktellwald has my highest recommendation. I have known Chief Judge Recktenwald for many Years, having first met him when we were on opposite sides ofa complicated emploWlent law cjlse. We were both in private practice at the time, and my immediate impression ofhirh was that he was exceedingly bright and an exceJent writer. The case we had was hard-fought, but he was always professional in his demeanor, a;1d 1t was a privilege to work on the same case. Afbr I became a federal district judge, I was always pleased to have Chie f Judge Recktenwald appear before me~ whether as a private attorney <)r as an A5Sis~t U111ted States Attorney. His briefs were always thoroughly research and wcl1-wr~tten, and h~s arg~ments focused and cogent. I have a prclctice of notifying attomeys of how 1 am incliped. to rule before a hearing, so that tht:y may prepare to use the hearing to address the matters that are influencing lTI.e. Chief Judge Recktenwald was very adcpt at using my inclinaqon: process to his advantage. Cruef Judge Recktenwald has a thoughtful and even-tempered p,crsonality that should serve him "/el1 on the Hawai'i Supreme Court. Texpect thClt the other justices will find him collegial, and that attorneys will find him courteous and respectful. MAR-03-2009 16:38 FRoM:lIS DISTRICT COURT 808 541 1724 TO: 8085866461 Honorable Brian T. Taniguchi March 3, 2009 Page 2 I hcpe your Committee speedily approves Chief Jud.ge Reckteliwald and that the full Senate resoundingly confirms him. Very truly yours, H~~. Susan Oki Mollway United States District Judge UNITED STATES DISTRICT COURT DISTRICT OF HAW TELEPHONE CHAMBEltSOF 300 N.J\. MOANA BOULEVARD, C4.~5 J. MICHAEL SEABRlGHl HONOLUUJ, HAWAH 96850'()435 (808) ~.J804 IJNTTEI) SIA'f13 OISTRlCT JUDGE FACSIMILE (808) 541·18'jJ March 5,2009 FAX TRANSMITIAL The Honorable Brian T. Taniguchi State of Hawaii Senate Chair Committee on Judiciary and Governmenl Operalions State Capitol Honolulu, HI 96H13 Re: Mark Recktenwald Dear Senator Taniguchi: Thank.