Senate Standing Committee on Judiciary
- Karl Rhoads
Legislator
Welcome everyone to the Judiciary Committee hearing today, Wednesday the 23rd. 9:15 in room 225. We have three judges up for confirmation today. We do have a two minute time limit on oral testimony, either on Zoom or in person. And we only have the room till 11. So I'll be strictly following that rule.
- Karl Rhoads
Legislator
If we have a catastrophic failure on the Zoom side, we'll try again tomorrow at 9am in the same room. 2:25. We'll keep our fingers crossed. Hasn't happened in a long time. The other thing you may be curious about is this is a Committee of five.
- Karl Rhoads
Legislator
The other four, we're in the middle of what they call a conference Committee. And I have myself, I have seven other things I'm supposed to be to in the next two hours. So that's where all my colleagues are right now. I may actually have to recess once in a while and go vote and come back.
- Karl Rhoads
Legislator
But we will be sure that everybody gets their say. Okay? First up today is Judiciary communication number 29. This is submitting for consideration and confirmation of the District Family Court of the First Circuit Judicial appointee Maria F. Penn for a term to expire in six years.
- Karl Rhoads
Legislator
First up on JC69 is Tiara Nakata Maruyama, testifying for women, Hawaii Women lawyers in support. Next is Michael Greening. It says in person. In support. Molly Turpin, also in support. Thomas Farrell. In support. Aline Suamori in support. Gary Levin. In support. Michelle Sola in support. Jan Ishitomi in support.
- Karl Rhoads
Legislator
If anyone's here or on Zoom, please let me know and you can talk. Caprice Itagaki in support. Denise Hevicon, in support. Daisy Hartsfield, in support. Catherine Lukela. In support. Alan Okamoto, in support. Timothy Luria in support. Everett Kuskoden. In support. Gail Chang. In support. Bob Toyafuku. In support. Alan Kaneshiro, in support. Layton Hara. In support.
- Karl Rhoads
Legislator
Crystal Glennon, in support. And George A. Burke, also in support. Does anyone else other than HSBA, does anyone else wish to testify in JC29? Okay. Seeing none. Oh, I'm sorry. Come on up. Good morning. Have a seat. Yes. I'm sorry if you haven't done this before. Yes, go ahead, talk away. Two minutes.
- Karl Rhoads
Legislator
There's a little timer should appear over here to let you know when your two minutes is up.
- Molly Turpin
Person
Okay, thank you. It's in her capacity as an attorney, practicing attorney, that I first had the pleasure of working with Judge Penn, as she's in her current judicial capacity as per diem. At that time, I was.
- Molly Turpin
Person
Oh, I apologize. Molly Turpin. Okay, great. Thank you. Go ahead. Family law attorney again. It was in her capacity as an attorney that I first met her. You're out of mediation. As opposing counsel, I was newly admitted to the Hawaii Bar. Regardless of this, Judge Penn treated me with absolute respect.
- Molly Turpin
Person
She was eager, welcomed me into the family law community, and I remember feeling very grateful for that. As I was by all means a newbie, she immediately gained my respect. I later got to know her in her current judicial capacity as per diem family court judge.
- Molly Turpin
Person
Over the past few years, Judge Penn has carried the demeanor of an experienced judge. I've appeared before her on several matters. She's poised, articulate, passionate, and caring about the litigants that appear before her, and she treats the attorneys with the same respect.
- Molly Turpin
Person
Her calm, poised demeanor that I've witnessed carries over to the bench that I first witnessed in meeting her as an attorney, but is even more highlighted given the high stakes of the lives that are appearing before her.
- Molly Turpin
Person
She presides over the family court calendar, which is packed with litigants who are undoubtedly going through the most difficult times of their lives. The fear of losing access to their children, loss of marriage, the significant financial impact that comes along with that. Litigants show up at their worst and desperate to be heard. In spite of that.
- Molly Turpin
Person
I'm sorry. In spite of what I can imagine to be an immense pressure to clear the court's calendar, she has the ability to focus on the heart of the issues at hand and remain calm and courteous to all the litigants. A resounding consensus I hear among the attorneys, family law practitioners is Judge Penn knows the law.
- Molly Turpin
Person
She's prepared. She's reviewed the case, the relevant law. It's. And is ready to address the issues in a focused manner. She commands the respect that she gets, and she gives respect in return. Beyond her qualifications and skill sets is a woman that is also entirely relatable, which is a huge asset in the family court.
- Molly Turpin
Person
It requires empathy, listening skills, courtroom management, and she garners the trust and respects of the litigants before her. She has the keen ability to relate to people of all walks of life.
- Molly Turpin
Person
She listens to the litigants, hears and validates their grievances, lowers the emotional temperature, is often able to bring closure to cases by way of settlement in a way which makes the parties feel that they had both.
- Molly Turpin
Person
That both of them had had their day in court, which is undoubtedly an incredible asset in clearing the backlog of the court's cases. In short, she's intelligent. She knows her case law, the rules of evidence, and is fair and unbiased both sides. She's compassionate, even tempered.
- Molly Turpin
Person
And litigants and counsel alike will walk away, or I observe them walking away with a sense that they've been treated fairly regardless of the ultimate ruling and outcome of their case. Her character, demonstrated commitment to public service and exemplary qualifications do make her a candidate, a best candidate for the judiciary position that she stands to fill.
- Karl Rhoads
Legislator
Good. Thank you. Anyone else like to testify on JC 29 for Judge Ben? Okay. Seeing none. Mr. Murakami from Hawaii State Bar Association.
- Karl Rhoads
Legislator
Good morning. Morning. Chair Rhodes, Members of the Committee, Mark E. M. Murakami on behalf of the Hawaii State Bar Association, Ms.
- Karl Rhoads
Legislator
Penn, the nominee was went through the bar due diligence process which required a thorough review of her YesC application, her bar application, a character check of all of her references, as well as a full board interview on Monday. And the board voted to authorize me to testify that she's qualified for the position she's been nominated.
- Karl Rhoads
Legislator
Great. Thank you. Let's see. I don't have any questions for any of the testifiers so far. So Ms. Ben, if you don't mind coming up, if you'd like to make an opening statement, you're more than welcome. I'm sorry, Judge Ben, you're already a judge.
- Unidentified Speaker
Person
Hope to say one. Good morning, Chair Rhodes. And although the other Members of the Committee are not present, I do appreciate their time. I did meet with some of them and I do appreciate, given this busy time for the Legislature, I do appreciate them making time to meet with me individually.
- Unidentified Speaker
Person
I appreciate this opportunity to be here today and beyond, humbled and honored to be appointed to serve as a full time family court judge here in the First Circuit. I truly appreciate the Judicial Selection Commission and as well as Chief Justin, Chief Justice Recton, Walt's confidence in me for this appointment.
- Unidentified Speaker
Person
And honestly, if you were to tell me 20 years ago that I'd be sitting here before you or participating in this promiscuous process, I probably would have laughed hysterically.
- Unidentified Speaker
Person
But I first thought about being a lawyer in the 11th grade while the student at Hawaii Baptist Academy when we did a mock trial project in our US History class for the prosecution of Jefferson Davis for treason.
- Unidentified Speaker
Person
I was assigned the role of prosecutor and I remember needing to prepare questions, an opening statement, closing statement, and enjoy doing the trial and playing a lawyer. But pursuing law wasn't something that pursuing law seems. Seemed really foreign to me because nobody else in my family was a lawyer.
- Unidentified Speaker
Person
My father, who was Born on Makawao in Maui, was a musician, having played the flute in the Honolulu Symphony in the mid to late 50s and or mid-50s, and then having joined the Air Force as a musician and toured with the Air Force Band throughout Asia and Europe.
- Unidentified Speaker
Person
And my mother was is from Japan, Saitama, which is right outside of Tokyo. And both of my parents encouraged my two older siblings and I to take up an instrument, and I chose piano.
- Unidentified Speaker
Person
I've been playing the piano since I was about 4 years old, and I studied intensely and practiced a lot and was a soloist with the Honolulu Symphony Orchestra when I was in intermediate school as well as in high school. I also competed in piano competitions, both here in Hawaii as well as on the mainland.
- Unidentified Speaker
Person
My music would help me get into the University of Southern California, where I majored in piano performance and received a Bachelor of Music degree. And at the time, I enjoyed playing the piano, but it wasn't quite my passion. It wasn't until my senior year at USC that I took a class, a law and society class.
- Unidentified Speaker
Person
And the Professor, Professor Charles Whitebread, who I learned was a formidable criminal law Professor who had wrote different criminal procedure books, was incredibly charismatic and got me engaged and interested in pursuing a legal career.
- Unidentified Speaker
Person
But upon returning to Hawaii after my graduation from usc, before I decided to go to law school, I really needed to know what being a lawyer or working in a law office really entailed.
- Unidentified Speaker
Person
And I looked in the newspaper, and at the time we didn't have social media, so I opened the paper, highlighted certain positions that said no experience necessary, and applied for that jobs and got jobs and got a job as a legal assistant.
- Unidentified Speaker
Person
And a few years later, after learning a lot about what being in law office involved and what an attorney does, I. I decided to go to law school. And I applied to William S. Richardson School of Law, and I'm here today. I have been a per diem Judge since May 2022.
- Unidentified Speaker
Person
I initially applied to be a district per diem judge, thinking that I would maintain my family law practice and continue practicing civil litigation. But I received a telephone call to see if I'd be interested in sitting in district family court.
- Unidentified Speaker
Person
And if I sat in district family court, that would mean that I'd have to stop practicing family law, which I had done for 18 years doing divorces, CSEA hearings, CWS cases, and paternity cases. Without hesitation, I said yes. And I did so actually without asking my husband.
- Unidentified Speaker
Person
And over the past three years, I have sat as a per diem family court judge. And over the three years, I've sat in every division in Family Court. In the Juvenile division I presided over juvenile criminal cases as well as CWS cases.
- Unidentified Speaker
Person
In the Special Division, I've done TROs, paternity matters, guardianships, adoptions and voluntary hospitalizations And I think one or two act cases.
- Unidentified Speaker
Person
And I've also sat in courtroom 8D in Honolulu district Court presiding over petty misdemeanor and misdemeanor abuse cases, primarily ANPS or Raymond and Police, but I also did the bench trials for the petty misdemeanor abuse cases there. And I've also sat on the domestic division which is all of the divorces.
- Unidentified Speaker
Person
In July 2023 through December 2023 I temporarily managed a full time calendar until Judge R.J. Brown was appointed to take over that calendar and I sat regularly on Wednesday, Thursdays and sometimes Fridays when there was an extended hearing or short trial.
- Unidentified Speaker
Person
I am currently managing Judge Medeiros former calendar on the domestic division since she was elevated to Circuit Court and I regularly sit Wednesday, Thursdays and sometimes Fridays again. And on the on Wednesdays and Thursdays there are motions and settlement conferences for these divorce cases and I've also presided over divorce trials on other days when asked.
- Unidentified Speaker
Person
As a solo practitioner over 20 years, I've pretty much done a little bit of everything throughout my career. I've done some criminal defense cases, assisting attorneys in writing motions, jury selection, jury instructions, and second sharing different criminal trials. But I also have an extensive civil litigation practice in which I continue to practice.
- Unidentified Speaker
Person
I've done medical representative plaintiffs in medical malpractice cases, personal injury, 1983 civil rights violations, prison litigation, police brutality, excessive force cases, prison sex abuse cases, breach of contract disputes, and I also represented children who were sexually assaulted in public schools schools.
- Unidentified Speaker
Person
My civil criminal and family law experience have helped me to be an effective per diem family court judge and I hope to continue that if I am confirmed. Given my extensive litigation practice. I've been asked even throughout this process, why now?
- Unidentified Speaker
Person
Why am I willing to give up my litigation practice and become a full time family court judge? First of all, over my three years of being a per diem family court judge, I've really enjoyed helping families, especially youth. It's been really eye opening, especially presiding over the juvenile criminal calendar.
- Unidentified Speaker
Person
The problems that we face or the children face growing up now and having sat there, I've always felt if we can give them the services now, be there for them now, give them the resources to succeed or redirect their lives to hopefully succeed and aim for or have goals and aim higher, that they would never see the inside of a circuit court courtroom and never meet a circuit court judge.
- Unidentified Speaker
Person
But also I enjoy helping families resolve conflicts, some of the most emotionally draining and tolling parts of their lives. Family court itself is a very emotionally charged arena, and I kind of say that because it's also a battleground for a lot of parties.
- Unidentified Speaker
Person
But it's an emotionally charged arena, and as judges, we need to take the emotion out of it and make decisions based on what the law allows us to do. And in family court, unlike other courts, family court judges have a white have wide discretion.
- Unidentified Speaker
Person
We make rulings regarding child custody matters based on the best interest factors set forth in 57146. And although the statute lists those factors, we rely on our experience as well as as attorneys or as uncles, aunts, and as parents and hear the evidence to determine what's in the best interest of the children.
- Unidentified Speaker
Person
With respect to property law, the law is pretty straightforward. And given my experience in practicing family law, I have a full understanding and a good grasp on that law.
- Unidentified Speaker
Person
And last but not least, I really do enjoy the family court ohana as a per diem judge, especially at family court, where it can be an emotionally draining place dealing with really difficult cases where children are taken away because of allegations of abuse.
- Unidentified Speaker
Person
And the family court judges under the leadership of Judge Diane Medeiros, we work well together and it's an incredibly supportive group and it helps to get through some of the most trying days with that support.
- Unidentified Speaker
Person
And the administrative staff there are incredibly supportive when you're sitting on the bench having a hard day after having heard eight or nine cases in the morning and you're drained as a judge hearing complaints about each spouse. Your clerks are incredibly supportive and I appreciate the clerks I have there.
- Unidentified Speaker
Person
I'm also ready to make the transition because my husband, who is incredibly supportive, who is here today, has encouraged me to be better and to do and aim higher. And my two daughters are older, they're more independent.
- Unidentified Speaker
Person
And one of the reasons why I went into private practice was because after the birth of my oldest daughter, I did not want to miss out on her childhood. I wanted to make sure that I was a present and engaged parent and not missing a field trip, not missing a school event. And I believe I did that.
- Unidentified Speaker
Person
She's entering her finishing up her third year at UC Davis and couldn't be more proud. And my younger daughter, I've been there for her too, and she's much older and she's independent. And when I asked her, is it okay that mom does this, she's like, if you want to do it, mom, totally. Okay. We're supportive of you.
- Unidentified Speaker
Person
I want to be an example to my daughters. To be strong, independent, self sufficient women. And aiming higher, I believe is the way to show that to be caring and compassionate, to be still a full time mom, but still try to reach your goals, including the highest level possible in the legal field.
- Unidentified Speaker
Person
I started off as in an administrative capacity and I'm here today and I can say with the utmost confidence that I am ready and prepared to serve as a full time judge in family court.
- Karl Rhoads
Legislator
Okay, thank you very much. You can stay there, but let me. I have to deal with something here. Just. It'll take just a second. Okay. So family court is. You mentioned, I think that you had handled a Assisted Community Treatment Act. Assisted Community Treatment act case or two.
- Karl Rhoads
Legislator
So you, as a philosophical matter, as long as the petitioner jumps through the hoops, you don't have any problem with the. I mean it's, of course it's a step down from involuntary commitment because you don't. You're not being kept in a particular building, but you can, as a judge, you can order them to take their medications.
- Unidentified Speaker
Person
I am willing to do and I believe I have. I think that sometimes hospitalization is not the appropriate remedy for a lot of people suffering from mental health illnesses. And so long as in the petition they meet all of the requirements in the statute, including establishing that the person is mentally ill by a reasonable doubt.
- Unidentified Speaker
Person
And I believe the other elements are clear and convincing evidence. As long as all of those elements are met, I have no problem granting such a such treatment.
- Karl Rhoads
Legislator
There's always a little tension between getting the case exactly right and getting it over with. Can you just comment on that and how that plays in at family court?
- Karl Rhoads
Legislator
But I mean at family court, yes, you have a number of kinds of cases that could come into play.
- Unidentified Speaker
Person
Well, family court. And I'm going to focus on divorces because I think divorces and probably paternity matters, when it involves custody of children, it really depends on the parties.
- Unidentified Speaker
Person
And in divorces, I feel like there's a point where you want to get the divorce over with because when you get finality with that litigation, it allows parties to heal or at least try to salvage whatever scintilla of civility is remaining between the two parties to try to move on and try to co parent for the best interests of the children.
- Unidentified Speaker
Person
But for those kinds of cases, so long as the children are under 18. I don't think it's ever really final because they can always come back and revisit issues.
- Unidentified Speaker
Person
If the custodial arrangement wasn't working when they agreed to the divorce or got divorced, they can modify those provisions, so long as it's in the best interest of the children to modify those provisions. So getting it over with divorces, let's get the divorce over with.
- Unidentified Speaker
Person
Let's get them to a point where they're willing to accept that their marriage is ending. And that's when, quite frankly, sometimes it's when the parties are emotionally ready to accept that some, some divorces drag on because they're not. The parties are not.
- Unidentified Speaker
Person
One party may be, but the other party may not be emotionally ready to accept that I'm granting a divorce. So there's not really true finality, I think, in divorces, even in paternity cases, because it involves child custody only.
- Karl Rhoads
Legislator
Okay, but doesn't that sort of argue in favor of going ahead and doing it quicker because. Absolutely. If you get it wrong, you can always correct it later.
- Unidentified Speaker
Person
Absolutely. But, you know, I, and I, I think I have, I, I like to push cases along, I think, because the longer you drag out divorces, especially involving property division, it changes the values of the property and it gives one party maybe more interest. And especially the. I think the most contentious issue often is retirements.
- Unidentified Speaker
Person
So the longer you push off a divorce, for example, as opposed to one year to two years, you already gave the other party an additional 12 months of interest in that retirement. And so I think if divorces can be done in a more expeditious fashion, it would benefit both parties.
- Unidentified Speaker
Person
It's just sometimes parties are not emotionally ready and you meet this resistance. And as a judge, we have to kind of let them know you're going to get divorced. You know, here's what's going to happen if you drag it on. And, and I, I have tried to do that and oftentimes successful, sometimes not.
- Karl Rhoads
Legislator
All right, I guess you're lucky you're off the hook for my other. We will. I'm going to have to break here for a minute, but you're, you're, you're finished. Thank you so much. And we'll recess for briefly.
- Karl Rhoads
Legislator
Apologies for the delay. I did. I forgot to mention at the beginning of the hearing that we're not. The Committee will not be voting today. We'll be voting tomorrow at 10:00am in this room, 2:25, Thursday the 24th. So, Judge Penn, you don't need to stay around unless you just want to.
- Karl Rhoads
Legislator
We're not going to kick you out, but if you, you don't need to stay if you don't want to. And that will go for everyone as we go through because we won't be voting today. Okay?
- Karl Rhoads
Legislator
So next up is Judicial Communication 30 submitting for consideration and confirmation the District Family court of the First Circuit Judicial Appointee Wilson A Unga for a term to expire in six years. First up on JC30 is Haley Chung for the Department of Public Defender. In support, Sean Quinlan for who is the majority leader in the House.
- Karl Rhoads
Legislator
In support, Steve Alm. I did see here. Good morning. I'm sorry, prosecutor for Honolulu. I just assumed that everybody knew who. Everybody knows who you are.
- Steve Alm
Person
Good morning. I'm Steve Alm, Honolulu prosecutor. I'm here in strong support of Wilson Unga to be a Family Court judge. I want to thank the judiciary for carefully considering his background. I want to thank Chief Justice Reckonwald for not recommending, nominating him for this. And in our office, you know, Wilson's a Kahuku guy.
- Steve Alm
Person
I think part of Raider Nation is here today. And at the same time, he, you know, he really cares about kids. He's part of our. He's the division head of the Trials division, one of the three large trial divisions in our office, and supervises all the deputies there and the clerical staff.
- Steve Alm
Person
But he participated in a group going out to schools, many on the west side, to talk to the kids about staying in school because they often talk to the truancy kids. And the kids that have a lot of truancy are one step from dropping out.
- Steve Alm
Person
So they're trying to talk to them about staying out of Family Court and about graduating from high school and about getting a job and doing all that good stuff. He's a very smart guy.
- Steve Alm
Person
He's a good trial attorney, and I think he'll bring the kind of passion to his job at Family Court that is really needed now, given their background here.
- Steve Alm
Person
Both he and Rochelle Vidina are steeped in criminal law, but because of their supervisory experience and working with different kinds of cases, they'll be able to tackle the different calendars in Family Court. I have absolutely no doubt about that as Family Court judges. So I couldn't be more Pleased it is, except the bittersweet part.
- Steve Alm
Person
We're going to have to find a replacement for Wilson in doing this process. But I'm really happy to be here. I think the Governor made a great choice. I mean, the Chief Justice made a great choice and I am trusting you will make the same good choice. Thank you very much.
- Karl Rhoads
Legislator
Thank you. Next up is Councilmember Matt Wire in support. Council Member Okimoto in support. Hale Valu Bakalahi, President and CEO for Council on Social Work Education and Support. Stephen Fabiano for Via Care and support. Maile Uluth Ave. Jasper Ulu Ave. Elia Olove Ula Ave For Ulayave Family of Atearoa in support. Mufi Hammond, former mayor, is in support.
- Karl Rhoads
Legislator
Joe Riviere, former state Senator, in support. Okay, Michael Lau in person. Maybe come on up. And that will be followed by Melanaite. So just be prepared. Okay, go ahead.
- Michael Lau
Person
Good morning. My name is Michael Lau. I teach at Kuku High and Intermediate School. I've known Wilson since we were young boys. He's been a neighbor, a peer of mine.
- Michael Lau
Person
I think lots of people will say lots of good things and I think his record stands, you know, know his resume is well documented and I've written written testimony. So I think maybe the best thing I can say in support is his character.
- Michael Lau
Person
And as a person, from a young age and as a boy, I remember going over his house to play. I remember him being very generous as a child. I remember. I remember when his mom would ask him to carry in groceries, he would rush to go and pull them out.
- Michael Lau
Person
And I think that kind of character as I've known him throughout his life is persistent. I think that's how he is with his family. I think that's what he's like at work. I think that's what he's like when no one's looking. And I think that those are important characteristics that he should have to be a public servant.
- Michael Lau
Person
And I take public service very seriously. I think being a part of the community and helping is very important.
- Michael Lau
Person
And I think that the difference between just being a good person and being a great person is not just being kind and just and capable, but being capable of teaching that to other people and helping others and fostering that in others.
- Michael Lau
Person
And I absolutely think that he's that kind of person and that he does that and that he shows that throughout his life.
- Karl Rhoads
Legislator
Okay, thank you. Next up is Melo and Nota. In support, Tama Zuata on Zoom perhaps.
- Karl Rhoads
Legislator
Also in support, Dulce Moy. Come on. Up. And that should be followed by Matangi Taupahema. Good morning.
- Del Samoy
Person
Good morning. In aloha. Chair Rhodes and Members of the Senate Judiciary Committee. My name is Del Samoy. I'm from Laie, and I'm also Vice President of Cultural Presentations at the Polynesian Cultural Center.
- Del Samoy
Person
I've known Wilson since he was a baby, and everything that has been said about him, wonderful character, I think, which is a critical part of a judge. As I was trying to think what would be some of the differences that would make him stand out.
- Del Samoy
Person
As you know, he comes from a very passionate community, Red Raider nation, all sorts of cultures, and we can get a bit too fiery and. But Wilson remains calm, even keeled. He's impartial. Now, he comes from a multicultural family. His mother is Tongan, his father is Samoan. Tongan. And they're dressed in their cultural attire.
- Del Samoy
Person
But look at Wilson. He's neutral and is very, you know. So I know he loves his cultures, but he is also. He also makes sure that he represents everybody, and that's how he's been even at Red Raider sports. He's encouraging without being over the top.
- Del Samoy
Person
And for that, along with his commitment to education, he is the President of the Illuminati Scholarship Committee, and he has been for years, where he encourages the high school students, you know, to pursue their academic dreams.
- Del Samoy
Person
He is a great example that if you have a dream, with hard work, tenacity, and encouragement and support from your community, you can achieve those dreams. And we're very proud of him getting to this point.
- Del Samoy
Person
And I know he will make an excellent judge because he is dedicated to good, solid principles, and he has integrity that he has demonstrated ever since he was a young man. Mahalo. Thank you.
- Karl Rhoads
Legislator
I just want to point out that I only wear a tie because I have to. Next up is. I'm sorry, Taema. There we go. Also in support, Daniel Hugo. In support. Sorry, Mr. Hugo, are you out there? Yeah. Come on in. Morning.
- Daniel Hugo
Person
Good morning. Chair Rhodes, Members of the Committee, my name is Daniel Hugo. I'm testifying in strong support of this nomination. There are occasions when the opportunity to speak your mind is not only a duty, but also a pleasure. And this is one such occasion. I first met Wilson when we were in high school debate.
- Daniel Hugo
Person
Even then, he stood out not just for his intellect, but. But also for his integrity. And he had the rare talent of being able to beat you thoroughly on an argument and still remain completely likable. My admiration for Wilson has only deepened as a colleague at the Department of the Prosecuting Attorney.
- Daniel Hugo
Person
I've seen him lead on high stakes cases. I've seen him mentoring young attorneys. And I've always seen him leading with patience, with humility, with dignity. Wilson is not just a brilliant lawyer, he is more importantly a good man. Everyone will ultimately be accountable for the time that we have.
- Daniel Hugo
Person
And when Wilson's time to return the talent comes, he will have multiplied a generous principal many times over. And the families in Hawaii should have the benefit of those energies and skills. So I am so proud to support this nomination.
- Karl Rhoads
Legislator
Chair in support. Don Karisu in support. Okay, considering the time constraints I have, I have three pages all in support. The total count for the testifiers is 105 in support. 0 in opposition. 1 comment which is from the Hawaii State Bar Association. So at this point I'm just going to open it up.
- Karl Rhoads
Legislator
Is there anyone else here who would like to testify? Okay, we'll start in the middle here and then we'll come. Good morning.
- Unidentified Speaker
Person
I not only represent Tahiti, but I represent Polynesia. And when it comes down to Polynesia, I represent my brother, Wilson Unga. We are classmates of class of 2002 Kahuku High School. Wilson as a person is not only special, but we are only special in our own selves.
- Unidentified Speaker
Person
Wilson as an individual will go out there and seek those that need help. As for myself, I do the same. I advocate for mental health because mental health, I suffer from that. In 2005 I was diagnosed with bipolar and I did not understand at that time.
- Unidentified Speaker
Person
Now that I'm 41 years old, now that I started my own journey being a Trans woman of Polynesia. For those who do not know me, I am very well known in the social media platform. All social media platform consists of Facebook, Instagram and TikTok.
- Unidentified Speaker
Person
For those who do not know social media, take it to very maybe put negative things, but honestly I'm not of negative. I'm very positive. I'm of Teotua, Leotua, of Keokua and that's who I represent. I'm also a Member of the Church of Jesus Christ of Latter Day Saints and I come from the Motu of Oahu of La.
- Karl Rhoads
Legislator
Thank you very much. Someone right next, right here. Good morning.
- Cliff Labois
Person
Good morning. Good morning Chair and everybody else in the room. My name is Cliff Labois. I'm here on behalf of George T. George T. Paris from the Iron Workers Stabilization Fund. We Want to put our strong support for Wilson. And while I'm here, can I do two? Sure. Okay.
- Cliff Labois
Person
We also want to put our strong support for Rochelle. So we got these two possibilities right here. That would be excellent, judges. Besides that, I also represent the Hawaii Building Construction trade, which is 17 unions, 34,000 Members, and they all want to put their support for these two fine individuals. Thank you very much.
- Karl Rhoads
Legislator
Anybody outside want to testify? You can go first. Good morning.
- Sunny Unga
Person
Aloha Chair Rhodes. My name is Sunny Unga, and I'm honored to offer my strong support for my husband, Wilson Unga. From his early days in Kahuku and earning his law degree and serving over a decade in the prosecutor's office, Wilson has always pursued excellence with integrity and humility.
- Sunny Unga
Person
He is a good man, grounded in faith, family, and service to others. As a son of parents who immigrated from Tonga and Samoa, Wilson was raised with the values of hard work, sacrifice, and service.
- Sunny Unga
Person
These roots not only shaped his character, but also gave him a rich cultural insight and sensitivity that will serve him well on the family court bench. I've seen him firsthand the kind of leader Wilson is. He leads not for recognition, but to uplift and strengthen others.
- Sunny Unga
Person
He brings people together, actively listens, and approaches every responsibility with care, whether it's in his home, courtroom, church, or in our community. The overwhelming number of testimonies submitted on behalf of Wilson are a testament to his consistency of his character throughout his life. From childhood through his professional career, people have experienced the same qualities in him.
- Sunny Unga
Person
He has earned the trust of colleagues and community Members alike. He is not only legally competent, but emotionally intelligent. Qualities that are vital for a role that impacts families and futures.
- Sunny Unga
Person
I know Wilson will bring fairness, wisdom, and a sincere dedication to the families and communities this court serves, along with a much needed cultural perspective and diversity that reflect the people and families of Hawaii. Thank you for the opportunity to share my support. Mahalo.
- Karl Rhoads
Legislator
Thank you very much. Would anyone else like to testify on JC30? Mr. Unga. Okay, come on up. Good morning.
- Sia Tonga
Person
Good morning. My name is Sia Tonga, and I actually am thankful for those who testified before me because they've covered a lot of things that I would like to say. In fact, standing outside this room isn't big enough.
- Sia Tonga
Person
You have enough papers that have listed people that want to testify on behalf of this great man, and there's also lots of people standing outside that wish they could be in here.
- Sia Tonga
Person
So I just want to say, on Behalf of all of us, that while I was circling the building looking for parking, the anxiety and anticipation I felt in my heart. First thing I wanted to say is that I'm deeply grateful that he's even considered for judge.
- Sia Tonga
Person
The fact that one of us could be considered, as you know, when one rises, we all do.
- Sia Tonga
Person
The fact that the character of the person we're talking about is someone that makes us all so very proud to see the son of our community who has such a heart for serving the community and is a young man born of goodly parents, raised with values of integrity and respect and humility.
- Sia Tonga
Person
And everywhere we see him, he's serving. My 12 year old daughter, who's the youngest of my eight children, on her way into Laie elementary this morning, was preparing a poster because she's running for President at the school. And I reminded her that today I'm coming into Honolulu because Uncle Wilson is being considered to be a judge.
- Sia Tonga
Person
And she said, I can't tell you I feel confident to run for President because if he's considered to be judge, and I know he'll make a great judge, then maybe I can be President. And everything he's done to this point has blown our dreams through the stratosphere. Really, truly the American dream.
- Sia Tonga
Person
I know that he will also bring because not only with upholding the rule of law, with impartiality, I know that he also has a very deep understand for the cultural and social uniqueness of the fabric of Hawaii, which to me, as a cultural practitioner is very, very important.
- Sia Tonga
Person
And as a mother of eight children, this is the kind of a judge that I would like to see judging on behalf of the families of Hawaii. Mala Pito, thank you very much.
- Karl Rhoads
Legislator
Anyone else? Anyone outside wish to testify for Mr. Unga? Takes a couple seconds. zero, yeah. You want to come? Yep. Come on up.
- Luciana Suliafo
Person
Good morning. Good morning. Oh, is it? Good morning. My name is Luciana Mokofisi Suliafo and I grew up in Tonga and went to the same high school as Wilson's mom. We came together to Hawaii and attended byu and then we all got married. And that's what I always. I have four boys.
- Luciana Suliafo
Person
A lot of times they'll get in trouble in school and sometimes I would say to them, why don't you be like Wilson? Or. He'S such A. Respectful, reputable young man. And being in the same community in Kahukula, I have never heard of anything bad about him. So I Strongly support him to be a judge.
- Luciana Suliafo
Person
And I know he'll make a good job at it. Very respectful. I remember going to some kind of function and before it ended, he was well said with a big pan of food ready for me to take home. But, you know, that's the kind of person he is. He looks out for everybody in the community.
- Karl Rhoads
Legislator
Thank you. Thank you very much. Anyone else like to testify in JC30? Yep. Please, come on. Good morning.
- Mele Omgotao
Person
My name is Mele Nunia Omgotao. I've known Wilson Unger through his mother. Before he was born. We grew up together with the mother in Tonga. We were not rich, but we struggled to get the best in life. We finally got here to Hawaii to have a better education and also to have a better life. Here we are.
- Mele Omgotao
Person
And we had Wilson Unger. I've known him as a baby. He was a smart little baby. And even when he was in elementary school, he was Super Raiders. And I used to be an education head for the Tone Society of America. Most of the awards given to this Wilson Unger because he was very, very smart.
- Mele Omgotao
Person
Not Only that, I'm 85 years old and I try my very best to be here with him. He was one of the best leader in our church and I strongly support this boy. He will be a good leader. This morning when we came, I asked the father, this is the first time to be a judge.
- Mele Omgotao
Person
He turned around and said, no, he is the best Polynesian judge. And I'm so proud to know that he will stand on all of the behalf of all the people from Polynesia. I am here strongly support Wilson Unger. But I remember one day he said.
- Karl Rhoads
Legislator
Any. Anyone else like to testifying JC30? Yeah. Please come on up. Good morning.
- Lita Satini
Person
My name is Lita Satini. In 2003, I came here to finish up in further my education here in byu, Hawaii. And here I have a very best friend who's Wilson's mother and she's right here at the front.
- Lita Satini
Person
I speak from a perspective of being moms and mothers who love to mold and transform our boys in the family with a great vision that one day we will let them be an equal in anywhere they go.
- Lita Satini
Person
But every time of our chatting with this mother we were so proudly sharing because I have sons back home in Tonga, she never have any proud saying about this boy.
- Lita Satini
Person
All she said, I know and have faith in myself that this little boy that I've raised will always bring our dreams to the very top that we can make. The quality and the core values of this little boy was made not only by her it ways back to the ancestors.
- Lita Satini
Person
And on our way back here, they picked me up and we have ka pool here. And as mothers, as mothers, we were proudly talking about the grandparents. What the ancestors have done long time ago that they have deposited and instilled in the heart of this little boy. I strongly support this little boy.
- Lita Satini
Person
Not only he was in just his nuclear family, but it extended to all the aunties. And you can see all Tongans are filled in this room because it's how we are in Tongan. We support our family wherever.
- Karl Rhoads
Legislator
I'm sorry, your time has expired. Thank you. Anyone else like to testify on JC30? I'm sorry, it's a two minute time limit. Two minutes. So it's already over. Okay. Thank you.
- Karl Rhoads
Legislator
Thank you. Anyone else like to testify on JC30? Okay. If not. Oh, go ahead. Come on up.
- Ce Mafi
Person
I met him at a family wedding and the first thing I saw him doing was servicing my brother in law's wedding. He was out there cooking and that was the first time I met Wilson.
- Karl Rhoads
Legislator
Pull the mic a little closer. There are people listening outside and in other rooms.
- Ce Mafi
Person
My name is CE Mafi. I've known Wilson coming up a decade now and first time that I've met Wilson.
- Ce Mafi
Person
I've known Wilson to be a man of service and I know that with this nomination that he's able to give service, there's not a lot of enough time for me to really explain how much he's done. But I know that currently he serves lots of people in the community.
- Ce Mafi
Person
I serve with him in a church calling and he's always out there helping a lot of the individuals that we serve. He's helping them with mental health issues. He's helping people with their addictions. And I know that as a judge you need to serve people.
- Ce Mafi
Person
And I know that Wilson is a man of service and he is a man of integrity. And I just strongly support him being a judge here in Hawaii. And I like to say that. And thank you. And aloha.
- Karl Rhoads
Legislator
Thank you very much. Anyone else on JC30? Okay, sing ons. Mr. Murakami, what is your. Okay. Good morning.
- Batanya Fahema
Person
Good morning. My name is Batanya Tal Fahema. I'm Wilson's cousin. So I'm a little bit biased on that aspect. But I am a psychologist, so I'm. Going to try to be as unbiased. As possible and assure you I'm quite good at it.
- Batanya Fahema
Person
I've known him pretty much all his life, and my son was part of his wedding party when he got married. I have a touching story about that. We're taking pictures with everybody, and my son started crying because kids throw fits. And Wilson stopped the pictures to comfort my son.
- Batanya Fahema
Person
And it was his wedding and things needed to move, but he took the time to pay attention to my son. And that just goes to show you the kind of character that he is. He pays attention to children, to families. He cares and he. Feels. And that's very important in today's society to have empathy.
- Batanya Fahema
Person
And that's something that I feel that is very much needed in family court. Aside from that, we all know his educational background. He has served the community. He has served family. He served everyone with stellar, stellar record. And I really feel that he is what we need. The community needs him. Everyone needs him.
- Batanya Fahema
Person
He's going to be very, very impartial and unbiased in his judgment. And I thank you for considering him for this position.
- Walter Tonga
Person
Good morning. Morning. Make this quick. My name is Walter Tonga. I concur with everyone when they discuss his intelligence, his character. I'd like to speak as an American citizen who has not missed a vote since I've been able to vote.
- Walter Tonga
Person
We want to stop the brain drain that's happening here in Hawaii, where we have all of our qualified expertise leave because they're not accepted here or not recognized here. He's one of them. When he went off to Georgetown, he didn't have to come back. Simply graduating from there in D.C.
- Walter Tonga
Person
he could have easily made a career there, but he decided to come home to be a lawyer eventually, hopefully become a judge. No better example, as everyone spoke about, for the young people coming up to know that you can go and get educated, come back, make a mark and a difference in your own community. Thank you.
- Sia Tonga
Person
This chair is better, actually. We'll just swap chairs. We'll just swap chairs. Okay. This is. This one's very good.
- Karl Rhoads
Legislator
Okay. Anyone else on JC30? All right, let's go to HSBA then, Hawaii State Bar Association. Mr. Murakami.
- Unidentified Speaker
Person
Thank you, Chair Rhodes. I was going to wear a red tie, understanding the level of community support from Mr. Unga, but I have a. High school classmate who knows that Kailu High School is often A frequent opponent of Kahuku High School. And so I'm wearing blue. So that photo record. Anyway, Mr.
- Unidentified Speaker
Person
Unga has gone through the Hoiste Bar Association's rigorous process and including. A character check, his application with the. YesC, as well as the bar reviewed, confidential Member comments, and extensive interview with the board on Monday, and we have. Found him to be qualified for this position.
- Karl Rhoads
Legislator
All right, thank you very much. All right, Mr. Unga, you're up. You can make an opening statement if you like.
- Wilson Unga
Person
I'll use this chair, if that's okay. Yes. Chair Rhodes and assistants here with the Committee. Good morning in aloha. You know, I'm deeply honored and humbled by all the public testimony that's been submitted and oral testimony that's been given today.
- Wilson Unga
Person
And I can't express enough of how grateful I am for this consideration and for the support that I have behind me. If there's anything that you can take away, I hope it's this. That I am a product of the old adage, it takes a village to raise a child. And behind me is my village.
- Wilson Unga
Person
You heard from my wife, who's sitting behind me, and these are my parents to my left, my father and my mother. And, you know, I want to express appreciation to the JSC for their confidence and their support in putting me on the short list, and to the Chief Justice for appointing me.
- Wilson Unga
Person
You know, speaking to the fact that I'm from a village, you know, it was my grandfathers that had these dreams of what their posterity could aspire to become and the types of futures that they hope we would accomplish. My grandfathers are from very small villages in the island kingdom of Tonga.
- Wilson Unga
Person
My maternal grandfather is from Haano, from the island group of Ha' apai. And my paternal grandfather is from the small island village of Haalaufuli of the island group of Wava' u. They both were Leo experts in their own right. They understood the law of the harvest as true blue farmers, and they worked the land.
- Wilson Unga
Person
Blood, sweat and tears went into the sacrifices they made so that they could provide for the opportunities that I have today. And from their expertise of working with the land, they all understood the significance and impact that education would have on their future posterity.
- Wilson Unga
Person
And for their posterity's prosperity, they did everything that they could to position their family so they could obtain educational opportunities. My grandfather, from my dad's side, he uprooted his family. My father has 13 full siblings, and they traveled from Halauful to Panga. Pango stayed there for a bit and then settled In Laie Oahu and then Kahuku.
- Wilson Unga
Person
And you know, whenever I think about the difficulties that I have, you know, whether it be education, whether it be career or professional, I'm always reminded of the legacy that I stand upon, the heritage that I stand upon, and that I draw strength from and inspiration from that I have many that have sacrificed on my behalf.
- Wilson Unga
Person
You know, my parents carry that legacy and they always had this saying in our household. They always said, you know, if it's for education, there's no obstacle. And that has been kind of a double edged sword. I have student loans to prove that. But I'll share this about my decision to go to Georgetown. Georgetown is very costly.
- Wilson Unga
Person
And in my naiveness and in my ignorance, I didn't look at the price tag and neither did my parents. I had at that time about $15,000 in scholarship by my senior year. And we wanted to have a big celebration because I had so many teachers, I had so many loved ones who are here today.
- Wilson Unga
Person
Pour into me life, pour into me dreams and aspirations. And at the conclusion of our graduation party, there was a little more than $30,000 that had been collected from gifts and donations.
- Wilson Unga
Person
And I couldn't help but feel a certain way about it because as you might understand about our small community, a lot of us live in multi generational homes. A lot of us are struggling to make it by. A lot of us have big families like eight children.
- Wilson Unga
Person
And with the very resourcefulness that we have, I considered it the biggest endorsement I could ever ask for. So when I say that I'm a product of the village, I mean that to the fullest measure of what those words entail. My education is not my own. My success is not my own. I'm not a self made man.
- Wilson Unga
Person
I am a product of the village that created me. And with that sense of gratitude and that profound sense of duty and responsibility, I decided after getting my education that I wanted to make Hawaii my home. And I decided to follow some advice of going to law school where you want to live.
- Wilson Unga
Person
So I enrolled at the William S. Richardson School of Law. And I absolutely loved my time there. I learned a lot and started to establish my roots.
- Wilson Unga
Person
It was in the prosecution clinic in the fall of 2010 that I came across Judge To' Ootoo, who when I appeared in front of him, he immediately pulled me back into his chambers and he got me reconnected with the Lumanae scholarship that I was the inaugural recipient of and made me part of the Committee.
- Wilson Unga
Person
And I've been a part of the Committee ever since. I also have to say that while I was a Kahuku senior, the idea of becoming a judge first was made tangible to me when then Judge Bodhi Uwale in 2002 had come to a youth group of ours and had spoken to us.
- Wilson Unga
Person
And it was the first time that I was already in speech and debate. I had an idea that I wanted to pursue law, but I never envisioned that a judgeship might be a part of the potential or the possibilities that await me.
- Wilson Unga
Person
But when I saw Judge Bodhi Wale come there, and he was already 10 years on the bench, the first time, when the judge appointed to be to serve in the Family Court, I saw somebody who looked like me, I saw somebody who talked like me, and somebody who was from my own community, who was living a dream that I thought would now become possible.
- Wilson Unga
Person
I'm also part of this village that is the prosecution village, represented by my very abled Boss, Steve Alm. And I'll say this about my connection to family court. In 2021, Steve had asked me to be the Domestic Violence Felony team Captain. Up until that point, I had spent a number of years in the Career Criminal Unit.
- Wilson Unga
Person
And in our office, the Career Criminal Unit is kind of known as what they call the tip of the spear. And it's called that because it kind of follows the logic of the 8020 rule. You know, 20% of the criminals commit 80% of the crime.
- Wilson Unga
Person
You get your biggest return on investment by pursuing these types of prosecution cases. And I got a mayor's award out of my time at the procriminal Unit and had the opportunity of prosecuting some very high publicity cases, the Domestic Violence Felony Unit.
- Wilson Unga
Person
And no offense to the procurement unit, but I understood where the true tip of the spear lays in our office.
- Wilson Unga
Person
And that's because when dealing with families in crisis, when dealing with households that are, you know, involved in very dangerous and precarious dynamics, I found in reflection of my time in the Career Criminal Unit, that most of my defendants came from these types of abusive households, households that experience neglect, households that experience trauma, these very vulnerable environments.
- Wilson Unga
Person
And in my time as a domestic violence felony team captain is where I had a lot of overlap with the Family Court orders. You know, custody orders, TROs, orders for protection, and even divorce proceedings that were ongoing while I'm trying to prosecute abuse cases. And it was there that I understood the significance of the Family Court.
- Wilson Unga
Person
You know, I only applied to be a district Family Court judge because that's where I feel I had. I can make the greatest impact. You know, I've had tremendous opportunities to learn about the significance of family courts in the State of Hawaii and how impactful they are in households.
- Wilson Unga
Person
And I've always perceived that the law and my role as an attorney and my role as a judge is one where you have people who are living their ordinary lives and their lives through unfortunate circumstances intersect with the law. And at this crossroads, it's a foreign place. These individuals often don't understand what direction to take.
- Wilson Unga
Person
They don't understand the language that's being spoken, and it's a very unfamiliar territory. And I have found absolute meaning in being able to help navigate people who are experiencing trauma, people who are in a very vulnerable State of their lives, and helping provide guidance and navigation in this very difficult space.
- Wilson Unga
Person
And I can't think of a better role. The epitome of being able to serve in that space and in that crossroads is to serve as a judge. That's why I decided to put my application in, you know, with the support of my community, the support of all that. I draw strength from my experience, my professional experience.
- Wilson Unga
Person
I believe that I can be a fair and impartial judge. I believe that I can help families that are in crisis, that are at the family court. I can help children who are in crisis. I absolutely love being able to meet with children, as Steve had alluded to previously in our proactive attempts to reach out to communities.
- Wilson Unga
Person
I absolutely love that when I walk into a room and they hear that an attorney is coming to speak, and they see somebody that looks like them, that talks like them, that is cut from the same cloth as them, there's immediately this disarming effect that occurs.
- Wilson Unga
Person
And there's a relationship where we have something that resonates in between us and in a foreign space. When you can make that kind of a connection, it means the world. And that's the type of impact that I hope to have should I be confirmed as a judge for the district Family court. Thank you.
- Karl Rhoads
Legislator
All right. Thank you. Well, my only hesitation with your nomination is that your entire background is criminal and judge, prosecutor, all judge, former judge, prosecutor. Alm alluded to the fact that he thought you were quite capable of making the transition. But I. I kind of like to hear from you how.
- Karl Rhoads
Legislator
I mean, you've talked about it some here, too, about how you view that as a really critical juncture in the. In the process, and I agree with you, but it is. It looks for me, at least put it that way. I did go to law school, haven't practiced in 20 years.
- Karl Rhoads
Legislator
But it would be a daunting task to me to make that switch from criminal to family. Can you just talk about how you plan to do it and. Is it. Something you want to do? Is it something that after the two year.
- Karl Rhoads
Legislator
Because typically they'll keep you there for two years to basically let all the conflicts on the criminal side out. Did you want to go back to criminal after that is over? Tell me about that a little.
- Karl Rhoads
Legislator
You know, I really would like to serve my time as a judge in the family court, as mentioned, and I believe that that's where the greatest impact can be made in helping families that are in crisis. You know, there is a steep learning curve. I'm very well aware of that.
- Karl Rhoads
Legislator
And I think my professional record demonstrates throughout my time as a prosecutor, during my clerkships, from doing a civil docket during my first year, then clerking for Justice Pollack during his inaugural year as a Supreme Court justice, and having to delve into all sorts of law and prepare written opinions and things of that nature, and then my pathway through the prosecutor's office, having first handled district court cases and then transitioning to felony trial cases at every juncture where I have had to make a pivot and I've had to encounter momentous challenges that required a steep learning curve.
- Karl Rhoads
Legislator
I've always been up for the challenge, and in this particular case, I have a strong passion for it. Not only am I willing to. And willing to commit to learning all that will be required for me, I'm competent and I have a work ethic to back.
- Karl Rhoads
Legislator
Okay. The question I asked Judge Penn on the assisted community treatment, because family court, that's where those are adjudicated. Same question. Are you. I mean, it's a heavy responsibility to say, to tell somebody, okay, you know, there's been a petition filed about you. We've determined that you're mentally ill. I'm ordering you to take your medications.
- Karl Rhoads
Legislator
I am absolutely comfortable doing that. And my heart goes out to the advocates, the boots on the ground that have to do all the work required to submit those petitions and have to do all the background work to find bed space for these individuals that they're trying to care for.
- Karl Rhoads
Legislator
I have an absolute sympathy for their situation, their plight, and as demonstrated by my classmate Lena Manutai, who came here and talked about his mental health issues, you know, I'm very sensitive to that.
- Karl Rhoads
Legislator
But I'm a man who will follow the rule of law and I will do all that is necessary to uphold it and make sure that people who are. Who are. Who meet the criteria for these types of situations get the help that they need. Okay.
- Karl Rhoads
Legislator
All right. Looks like, again, you, too, are off the hook from questions from the rest of my Committee. I'm going to take a short recession. Got a couple other things we got to deal with here real quick, but we're done. We're fine. Thank you. And see you on Thursday for the vote. Thank you.
- Karl Rhoads
Legislator
Okay. Welcome back to the Judicial Committee. I gotta slow down. Welcome back to the Judiciary Committee hearing. And we have one more judge confirmation to address today. That is JC 31, submitting for consideration and confirmation to the District court of the First Circuit judicial nominee, Rochelle Vidinha.
- Karl Rhoads
Legislator
There was also another, well, there was another communication about the appointment that updated Ms. Medina's legal name to Rochelle Vidinha Cusumano. Just so everybody's on the same page.
- Karl Rhoads
Legislator
Okay. First up on JC 31 is Haley Chung for the public defender. In support. Prosecutor Alm. Hello again. Oh, I'm sorry. Go ahead.
- Steve Alm
Person
Good morning again, Chair Rhodes. I'm Steve Alm, Honolulu prosecutor. I stand in strong support of Rochelle Vidinha Cusumano to be a Family Court judge. I think, you know, she's from the Waianae Coast. She has an appreciation for folks that may be less fortunate.
- Steve Alm
Person
She had nine years as a parole officer, so she tried to help people at a really tough time in their life. When I was first appointed to the bench in 2001, I was assigned to the domestic violence misdemeanor jury trial calendar. And sure enough, one of the new prosecutors doing jury trials was Rochelle Vidinha.
- Steve Alm
Person
So she was good at that time. She's only gotten better over the years. I think her years as a parole officer gave her some seasoning and the like. And domestic violence is one of the hardest sections, but the sex assault team is just as hard. And those two areas are two of the...
- Steve Alm
Person
...we only want people in the office absolutely to want to do those because they're such difficult assignments. You've got to deal with people that have been victimized, traumatized. And so the same thing I said before about handling different calendars. They're used to the juvenile offender side, one of the calendars at Family Court.
- Steve Alm
Person
But there are other ones, as you've heard. And I have no doubt that Ms. Vadina would be able to do a good job of handling those, because she's done a really good job as head of the sex offender team. And as part of that was the Honolulu Human Trafficking Coordinator and leading that effort.
- Steve Alm
Person
And her team convicted a pimp, Marquis Green, and got victims to testify, and he ended up getting 40 years in prison. So part of what we do is put people in prison, but she has to deal with family members at a really tough time in their life. She has compassion. She's smart.
- Steve Alm
Person
I think should do a great job on Family Court. And again, the judiciary's gain is our loss. So I want to finish by thanking the Judicial Selection Commission for putting her on the list. I want to thank Chief Justice Recktenwald, who is here now for picking her, and I have no doubt she'll do a great job. Thank you.
- Allen Cardines
Person
Morning, Chair. Aloha. For the record, my name is Allen Cardines Jr. I'm here in strong support of Rochelle's Senate confirmation as a judge. Chair, I'm from the west side of the island of Oahu, specifically Nanakuli.
- Allen Cardines
Person
I serve as a senior pastor at Nanaikapono Church, neighborhood security watch coordinator. I'm a Commissioner on the Hawaii State Commission on Fatherhood. Have a meeting going on right now as we speak.
- Allen Cardines
Person
The last two years, our community on the west side has been rocked to its core with bad news. 80% increase in homicides in 2023. The shootings, youth violence, gangs, sex trafficking, exploitation, domestic violence. Filled with bad news in the last couple of years.
- Allen Cardines
Person
At the same time, we have more good people than bad people out there. Rochelle represents all that's best - the best and the blessed from the West. I had the honor and the privilege of working with her and the team.
- Allen Cardines
Person
We're great people out there, and we don't want those bad news to define who we are. We're a wonderful village, a wonderful people. And I feel that by her being appointed to this judge at this position, it's more than her just being a judge.
- Allen Cardines
Person
It's a role model, a role model for children out there. That I can see her going back into the schools in our community, starting with Nana Cooley, before Waianae and all of that, but just being a positive part of our state and especially from the west side. Chair, this is a game changer today.
- Allen Cardines
Person
You and your Committee has the opportunity to be able to help us to create a legacy. I'm here today because I believe that there's a lot of our people going to court, being sentenced. For once we get somebody to go to court and help strengthen our families in the State of Hawaii.
- Karl Rhoads
Legislator
Next we have T. George Paris, Managing Director, Iron Workers Stabilization Fund. In support. Tiara Nakata Maruyama for Hawaii Women - Women Lawyers. In support. Franklin Doncicaro Jr. Here, maybe? No. In support. Daniel Hugo. Good morning again.
- Daniel Hugo
Person
Good morning Chair Rhodes, Members of the Committee. My name is Daniel Hugo. I'm testifying in strong support of this nomination. I just want to briefly say Rochelle was my team captain when I was in the sex assault unit. She was the best team captain that I could have asked for.
- Daniel Hugo
Person
Not only did she treat victims with dignity and compassion, but she also treated defendants - some very, very, very, you know, tough, tough people to treat fairly - she treated them always fair. She never cut corners and always followed the law.
- Daniel Hugo
Person
I just wanted to briefly address the point, though, about transitioning from criminal law to family law. Rochelle has definitely the skills to master the procedural and the legal elements of the family court calendar.
- Daniel Hugo
Person
But what's much rarer is qualities of character. The ability to know what's the best interest of a child, the ability to know what's fairness in a contentious divorce proceeding. The ability to know when people need help and when their freedoms and need to be protected.
- Daniel Hugo
Person
Those are the sort of judgments that are much rarer. And Rochelle, I trust her judgment on those absolutely and completely. Thank you.
- Jill Nunokawa
Person
I'm here because I do love and support Rochelle. I'm going to make it very short because we don't have time. I feel like we're in, like a collective trauma right now, given what's happening across the nation and our attack to the constitutional principles of democracy and freedoms.
- Jill Nunokawa
Person
And I know in my heart that Rochelle will rise to the occasion that lived experiences matter and that diversity, equity, and inclusion are the very bedrock of our state and our nation. And I know that in informed trauma, informed what they say. It's one thing to say that we want to train our judiciary in it...
- Jill Nunokawa
Person
...thank you for that, Chief Justice Recktenwald. But the idea is that the three nominees today, Chair, they've lived it. They've been immersed in it. And they don't need the extra training because that's what their lived experiences are. And that's what makes Hawaii so different. I say it all the time.
- Jill Nunokawa
Person
We live Hawaii and we have to be able to do the aloha aina to be part of our community. And it really is a time to. It's going to be a difficult time, and all three of these judges are going to have to rise up to this, to this moment. So I'm in complete support, actually, of all three. Mahalo.
- Karl Rhoads
Legislator
Great. Thank you. Next is Thalia Murphy. In support. Daisy Hartsfield.
- Thalia Murphy
Person
Hello, Chair. I'll stand on my written testimony and if you have any questions, I more than happy answer.
- Michele Ku
Person
Good morning, Chair. In light of time, I'm going to stand on my written testimony in support.
- Lisa Demello
Person
Aloha Chair. Considering the time, I stand strongly supported and on my written statement.
- Karl Rhoads
Legislator
Thank you so much. Okay. There are many others who have written in in support, no one else. So 54 in support, 0 in opposition, 1 comment in SAHSBA, which we'll get to in a moment.
- Karl Rhoads
Legislator
Is there anyone else who wishes to testify on JC 31, either on Zoom or in person? Okay. If not, Mr. Murakami, I think...yeah, there, you're still here. Thank you. Good morning.
- Mark Murakami
Person
Thank you, Chair Rhoads. The nominee has been subjected to the Hawaii State Bar Association's very rigorous vetting process. The Board of the Bar has reviewed her JSC application, her resume, her HSBA application, and reviewed confidential Member comments. The Board had an extensive interview with her on Monday and voted to find her qualified for this position.
- Karl Rhoads
Legislator
Okay, thank you. Before you go, I do have one question. So you're confident she can make the transition from something that's defense - her resume is defense. I mean, criminal law heavy.
- Mark Murakami
Person
The law is the law. And we, we do get bucketed over the course of a legal career into criminal or civil. We. The, the knock on civil attorneys is we don't have jury trials. Knock on the criminal practitioners, or they don't have civil experience. And I think that's just kind of a nature of the legal system.
- Mark Murakami
Person
Finding good quality people who are willing to be public servants and step through the political process to get the judgeship, I think is the most important. And she's shown extensive commitment to our community and a willingness to learn. The board did go over questions about that, and we're satisfied that she's what...
- Karl Rhoads
Legislator
That's what I needed to hear. Thank you very much. You're up. And you're welcome to make an opening statement like the others. Thank you.
- Rochelle Vidinha Cusumano
Person
Aloha, Chair Rhodes, and good morning. And I thank everyone for their patience. I'm extreme, extremely humbled to be here today, and I am overwhelmed by the support that we have here today. And those on Zoom and others who have written in support, mahalo. I am very, very thankful.
- Rochelle Vidinha Cusumano
Person
As I sit here thinking about what may lie in the future if I'm confirmed. My thoughts take me back to the place that brought me here today. And that place would be my upbringing out on the west side, the Waianae Coast.
- Rochelle Vidinha Cusumano
Person
Growing up on the west side allowed me to develop a passion for helping others, compassion for others in our community who are experiencing challenges and struggles.
- Rochelle Vidinha Cusumano
Person
While I was blessed with parents who are loving and protective and who worked very hard to provide safe and happy home for myself and my brother and my sister, there were many around us in our community who did not have the same fortune.
- Rochelle Vidinha Cusumano
Person
And what my parents always instilled in us is treat everyone with respect and everyone with kindness. And I've carried that with me as I grew up on the Waianae coast. And I've carried that with me throughout my 32 years in public service.
- Rochelle Vidinha Cusumano
Person
I was fortunate to be able to serve for nine years as a parole officer. In that role, I was able to support and provide empathy and compassion to those who were being released from our jail system, our prison system, out into the community, helped them as they adjusted not only back into the community, but as they reintegrated with their families.
- Rochelle Vidinha Cusumano
Person
Oftentimes, when people are released after serving long terms of incarceration, they are settling back into a family that's in crisis. I enjoyed the opportunity to be able to work with these families, refer them to services as deemed necessary, whether it be substance abuse, mental health services, vocational training services, whatever it may be.
- Rochelle Vidinha Cusumano
Person
I feel that my upbringing in Waianae did help me. I was able to connect with many of these people who I worked with as a parole officer.
- Rochelle Vidinha Cusumano
Person
I carried that same passion with me throughout my 23 years as a prosecutor. Chair Rhoads, as a prosecutor, it's been an honor to work beside and learn from some of the most passionate and experienced attorneys who have helped me to become the attorney that I am today.
- Rochelle Vidinha Cusumano
Person
I've made my way through the prosecutor's office with each transition throughout the office, from misdemeanor traffic through the domestic violence unit to the misdemeanor jury demand trials unit, career criminal.
- Rochelle Vidinha Cusumano
Person
I worked my way up through the prosecutor's office, and each time I took a step into a different unit, I adjusted. I learned the laws regarding those offenses that I was now focused on, that I was now tasked with prosecuting.
- Rochelle Vidinha Cusumano
Person
For the last 14 years or so, I have been prosecuting sex assault cases, sex trafficking cases, cases involving families who are in crisis, many child victims who have experienced severe trauma and who are basically trying to find their way again in our community. I've embraced that role working with these victims.
- Rochelle Vidinha Cusumano
Person
What I've been able to do more recently in my career is work closely on, on in on MDT teams. So multidisciplinary teams that involved not only attorneys, but also service providers, family court, some of family court personnel, juvenile probation officers, members of the Department of Education.
- Rochelle Vidinha Cusumano
Person
As was mentioned before, there is a village in place who provides services for children who are in crisis. And I've had the opportunity to work closely with these professionals to provide wraparound services for families and children in crisis.
- Rochelle Vidinha Cusumano
Person
Chair Rhodes, I believe that given my upbringing, given the experience that I've gained as an attorney, the trial experience, my knowledge of the rules of evidence, the experience, the hands on experience that I have working with and understanding families in crisis, I can take that experience with me.
- Rochelle Vidinha Cusumano
Person
If confirmed, I will learn the law that I know I need to learn when I transition over to Family Court, if I'm confirmed, I've taken it upon myself to try and learn some of the roles of family court judges.
- Rochelle Vidinha Cusumano
Person
I've reached out to Senior Family Court Judge Diane Medeiros, who is here, and asked to be able to go and observe Family court, which I've done numerous times. I've had conversations with Family court judges and with others who've transitioned from being a prosecutor to the Family Court bench. And I've been open to guidance, to suggestions.
- Rochelle Vidinha Cusumano
Person
I began reading up on some of the laws that I think would be applicable when I start and Chair Rhoads, I'd just like to stress, I know that time is, we're short on time, but I just like to stress that I am committed. I have an unwavering commitment to serving our community.
- Rochelle Vidinha Cusumano
Person
And I think that is clear from my 32 years of public service. I'm compassionate for those who are experiencing challenges and struggles. And if I'm confirmed, I will be a passionate judge.
- Rochelle Vidinha Cusumano
Person
I will, I will stay abreast with the challenges that our community is facing so that when members of our community are before me, I can take those challenges into consideration along with the law when I make fair and just rulings.
- Karl Rhoads
Legislator
Okay, thank you. So some of the other Family Court nominees, I did want to ask you about Assisted Community Treatment act cases.
- Karl Rhoads
Legislator
As you're aware, there's, it's short of involuntary commitment, but you still could be in the position if the petition of all the hoops or all legal hurdles are jumped over where you would have to order somebody to take meds. Is that a problem for you?
- Rochelle Vidinha Cusumano
Person
That is something I would absolutely do anytime I think there's an opportunity for someone in our community to receive help. And if the law supports that by certain criteria being met, I'm all for it.
- Karl Rhoads
Legislator
Okay. The other question I've asked. Well, the other...as with nominee Unga, my only real hesitation is most of your career has been in one kind of law and the other, and this is a different animal.
- Karl Rhoads
Legislator
Obviously, C.J. Recktenwald believed that you can make the transition and other testifiers have too, and you indicated you can too.
- Karl Rhoads
Legislator
So I think, I just, I think more. This is less of a question, more of a comment. I believe it will be a challenge. It sounds to me like you're game to do it and you're capable of doing it. So if you're confirmed, best of luck, because I think it would be a lot of work.
- Karl Rhoads
Legislator
The other thing I wanted to raise was, as I mentioned before with other nominees, there's always this tension between finality and being sure everything is absolutely right and correct and you're doing justice. Can you just talk about that a little bit in the Family Court context?
- Rochelle Vidinha Cusumano
Person
That's an interesting question, because I think, as a judge, you would sit in a place where I would want to be able to have both. Right. Bring finality to a case as soon as possible so that families can move on, and you would want to do it in such a way where it can be correct.
- Rochelle Vidinha Cusumano
Person
I understand if that tension is there and there is a need to make a quick decision that I guess I would lean on the side of making the decision with the knowledge that perhaps circumstances could be revisited in the future and changes could be made.
- Karl Rhoads
Legislator
Okay. Okay, That's it for me. Thank you very much. Thank you all for being here. As I mentioned before, the vote will be tomorrow at 10 a.m. in this room, 225. And that's April 24th. All right, thank you. Thanks again. We're adjourned.
Bill Not Specified at this Time Code
Next bill discussion: April 23, 2025
Previous bill discussion: April 23, 2025
Speakers
State Agency Representative