Lawmakers grilled Gov. Josh Green’s nominee for state Supreme Court Chief Justice over his potential political ties Wednesday.
Vladimir Devens, a Hawai‘i Supreme Court associate justice who Green nominated to serve for 10 years as Chief Justice earlier this month, appeared before the Senate Judiciary Committee on Wednesday for a confirmation hearing to determine whether he is qualified for the position.
The committee made no decision on Wednesday; the actual vote will take place on Friday.
But despite dozens of positive testimonials in support of Devens from former colleagues, state and county officials and unions such as the State of Hawai‘i Organization of Police Officers and the Hawai‘i State Teachers Association, several committee members seemed skeptical of Devens’ ability to remain impartial.
At question was Devens’ affiliation with Be Change Now, a political action committee operated by Pacific Resources Partnership, an organization which also represents the Hawai‘i Regional Council of Carpenters, the largest construction union in the state. Devens told the committee Wednesday that he was on the board of directors for Be Change Now from 2018 to 2022.
However, Devens did not disclose his time with Be Change Now during a confidential application earlier this month, nor did he do so in 2023 when he was nominated for the associate justice position.
Devens told the committee that his time on the Be Change Now board was just “part of his work” as a private attorney and “didn’t stand out” to him as something important enough to disclose. He said his work on the board, which was unpaid, involved advising the PAC about various legal questions surrounding issues such as liability insurance.
Committee chair Karl Rhoads said Wednesday that he found this lack of disclosure strange.
“The fact that you didn’t see the political ramifications of not saying anything, I admit, does concern me,” Rhoads said, adding Devens’ involvement in Be Change Now made him a member of “one of the most powerful political organizations in the state” — one which, Rhoads admitted, employed his wife for several years.
Puna Senator Joy San Buenaventura grilled Devens over his time at Be Change Now, which overlapped with a political ad campaign by the PAC that ran attack ads against then-Lieutenant Governor candidate Sylvia Luke in 2022.
San Buenaventura said that ad campaign could be interpreted as an effort to intimidate politicians who might oppose PRP’s interests — Luke had, at the time, opposed a tax increase that would fund the state’s rail project, a project endorsed by the Carpenters Union.
San Buenaventura added that the campaign cost more than $2 million, and she and other senators surmised that Devens — as one of three directors on the Be Change Now board at the time — must have signed off on that expenditure.
But Devens repeatedly said it would be “inappropriate” to disclose details about his work on the PAC board.
Devens said he left the board in July of 2022 because he “really wasn’t doing much then,” and denied a line of questioning by San Buenaventura implying his departure was a tactical move to divest himself of visible political ties in order to apply for the associate justice position in November of that year.
“I wouldn’t say it was coincidental,” Devens said. “It just turned out that way.”
Devens said it was not his intention to deceive the state Judicial Selection Commission and that he will adhere to the impartiality demanded of his office.
“It’s judicial independence and we have to protect that at all costs,” Devens said. “And that is what I have done since I have ascended to the bench and that is what I will continue to do.”
Pālolo Sen. Les Ihara Jr. — who is not a member of the Judiciary committee but attended nonetheless — said the mere appearance of impropriety has “tainted” Devens’ image, “perhaps unfairly.” He said the judiciary branch is meant to be the branch “furthest away from political influence” and said people might worry, with Devens’ appointment, that such influence is growing closer to the Supreme Court.
San Buenaventura added that PRP was a major donor to Green’s gubernatorial campaign in 2022, and that his chief of staff Brooke Wilson was also a lobbyist for the Carpenters Union.
These concerns were echoed by the only person to testify against Devens’ appointment at Wednesday’s meeting. Chuck Freedman, who described himself to Aloha State Daily as a political adviser, warned the committee about an increasing consolidation of power by the Carpenters Union across all three branches of government.
“We have watched this happen with the Carpenters Union, mostly in silence,” Freedman said, reading from a prepared statement. “It is time for the sirens to go off.”
Not among the many union representatives testifying in support of Devens Wednesday was any representative of PRP or the Carpenters Union. While Rhoads asked Devens whether he had had a falling out with his former colleagues on the Be Change Now board, Devens had no explanation for their absence.
The Judiciary Committee will vote on Devens’ appointment Friday.
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