A Senate committee narrowly voted to confirm Gov. Josh Green’s nominee for Chief Justice of the state Supreme Court.
Despite concerns about Supreme Court Associate Justice Vladimir Devens’ prior ties to a political action committee — ties that Devens had previously not disclosed — the Senate Judiciary Committee voted 3-2 on Friday to consent to Devens’ nomination to lead the Hawai‘i Supreme Court.
During the committee hearing, each Senator revealed their position on the confirmation in turn.
Committee chair Karl Rhoads opened the hearing by saying that Devens’ nomination was the 70th judicial confirmation he has presided over but the first he has ever opposed.
Although Rhoads did not explicitly say Friday why he voted against Deven’s nomination, had questioned Devens at length at a previous hearing on Wednesday, raising concerns about the justice’s term as a director for the PAC Be Change Now — an organization associated with the Hawai‘i Regional Council of Carpenters, the largest construction union in the state, and a prominent donor to several major politicians, including Green — between 2018 and 2022.
Devens had not disclosed his involvement with the PAC in an application for the Chief Justice position, and Rhoads had been skeptical that Devens could not see the political ramifications of failing to disclose such a role.
Hawai‘i Kai Sen. Stanley Chang came next, and agreed that Devens’ failure to disclose his ties to Be Change Now was “a big oversight.” Nonetheless, Chang also said he felt Devens was “remarkably open” during the committee’s questioning, and that nothing on his record as Associate Justice suggests he is not impartial.
Chang noted that Devens had ruled in a case to require law enforcement officers to maintain bodycam recordings of interrogations, despite Devens’ prior association with the State of Hawai‘i Association of Police Officers. Devens, a former police officer, had represented Honolulu Police Department officers on behalf of SHOPO.
Puna Sen. Joy San Buenaventura spoke next. She had been the most vocal interrogator of Devens’ during Wednesday’s hearing, and she said Friday that she could not support his appointment.
San Buenaventura said Devens had willingly chosen to work with Be Change Now, and was one of three of the PAC's directors during a period when Be Change Now ran a series of attack ads against Lt. Gov. Sylvia Luke.
Those ads, San Buenaventura said Friday, “had a dual effect of negative [publicity] on a particular campaign, but also [implicitly] telling all of us legislators that if we do not toe the line, this is the kind of publicity we will be facing.”
Kāne‘ohe Sen. Brenton Awa followed, predicting that his support of Devens will lead to accusations of corruption being leveled at himself. However, he said he believes Devens is the only person he can trust to lead the Supreme Court.
It fell to committee vice chair Mike Gabbard to break the tie. And, in light of overwhelming testimony in support of Devens by former colleagues, former clients and union representatives, Gabbard said he would support Devens’ appointment.
Following the Judiciary Committee’s vote, the Senate must still hold a floor vote on the matter, which has not yet been scheduled.
On paper, Devens will serve as Chief Justice for a 10-year term. However, as justices cannot serve on the Hawai‘i Supreme Court beyond the age of 70, Devens, who is 63, must retire by 2032.
For the latest news of Hawai‘i, sign up here for our free Daily Edition newsletter.
