Wednesday, October 23, 2019
Hawai'i Free Press

Current Articles | Archives

Friday, November 18, 2011
Court Ruling on Judicial Secrecy an Embarrassment to Abercrombie’s Neutered OIP
By Selected News Articles @ 10:49 PM :: 3633 Views :: Energy, Environment

On March 4, Cathy Takase, the Acting Director of OIP was let go by the Abercrombie Administration. Takase had authored a February, 2011 opinion mandating release of the names of Judicial nominees. Takase was then blocked from returning to her previous civil service position by Abercrombie’s choice to appoint a replacement to fill that position--a move which many observers described as “retaliation.”

Here is a look at the subsequent role played by the OIP in the current dispute over the release of the names of Judicial Nominees:

Courthouse News: OIP Defended Abercrombie Decision

The Office of Information Practices defended Abercrombie's decision, finding that materials were exempt because of "the potential for injection of undue influence in or politicizing of a selection process carefully established by the Constitution. [...] The frustration upon which that opinion is based would end once a nominee is confirmed by the Senate. Until that point, the same basis for frustration would exist because, if the Senate chose not to confirm a nominee appointed by the Governor, another nominee would then be selected from the list."

Citing a "backlog and other priorities" and "limited resources," an OIP official told the Star-Advertiser's managing editor in June that it could not render more than an opinion letter on the matter.

read … Courthouse News

CB: OIP Should Spare us the Sound of its Back-Patting

But perhaps in the interest of transparency the office might want to have acknowledged that its previous director was fired over this very issue, after she issued an opinion the governor didn't like.

Instead it makes it seem the world is working just as it should, with the new director wisely avoiding taking a stand against the governor by refusing to take a position on the issue.

The problem here: The OIP has a mission. (Just ask the people who were involved in its founding.) It needed to stand up to the governor.

To say the courts are the best way to resolve such disputes is to negate the very role of the OIP. Instead, the director seemed to be making an excuse for its silence, using the typical rhetoric of the beleaguered bureaucrat that staff is consumed with equally pressing matters.

But what could be as important as standing up on principle to the most powerful elected official in the state?

If the OIP isn't going to stand up and be counted, it might at least spare us the sound of its own back-patting.

read … OIP

Circuit Court Says Governor Must Release Judicial Nominee Names

Statement from Office of Information Practices November 17, 2011

Circuit Court Judge Karl Sakamoto orally ruled on November 14, 2011, that the Uniform Information Practices Act (“UIPA”) requires Governor Neil Abercrombie to disclose the names of the judicial nominees who were not selected for appointment to the Hawaii Supreme Court. Until Judge Sakamoto’s written decision is filed, the Attorney General has not decided whether it will appeal the ruling.
Although Judge Sakamoto’s rationale is not yet available, it appears that his reported conclusion is consistent with OIP’s conclusion in
Opinion No. 03-03. In that 2003 opinion, OIP had concluded that the UIPA did not require the Governor to disclose the list of nominees prior to Senate confirmation because the judicial appointment process could be frustrated by political maneuvering and manipulation, but stated in footnote 9 “that the ‘frustration’ exception no longer applies to a List of Nominees maintained by the appointing authority after Senate confirmation” (emphasis added) because “there is no conceivable scenario in which disclosure [at that time] would frustrate the appointing authority’s ability to make an appointment.”

Because this issue was addressed in an existing opinion, OIP declined media requests to divert its small staff resources to render another advisory opinion on the same issue that would ultimately be appealed and subjected to de novo judicial review. Instead, as OIP recommended, the Honolulu Star-Advertiser exercised its right to obtain expedited judicial review of the denial of its request for the judicial nominee list.

Rather than being tied up in one case that should be decided by the courts, OIP has been efficiently using its limited resources to address matters of equal importance to other members of the public and government agencies and has been creating new, proactive materials, such as continuing legal education courses, on-line video training, and agenda guidelines and workshops.

---30---

Background:

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

ALEC

Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT