Sunday, August 22, 2010

Why didn't Gov. Lingle nominate Justice Recktenwald in the first place?

She was widely expected to. Maybe this piece in today's Star Advertiser contains a hint.
Perhaps his most significant came last month as Lingle was considering her first choice for chief justice.

In an 81-page opinion [County of Hawaii v. Ala Loop Homeowners, No. 27707, -Ed.], Recktenwald cited the state Constitution's environmental provisions in declaring a homeowners association had the "private right" to challenge a proposal to build a charter school on Big Island agricultural land.

Attorney General Mark Bennett's office criticized the ruling as intruding on the "exclusive province of the Legislature" and creating "new law"...
Earlier, the article had mentioned that
When Lingle announced her appointment of Leonard, she emphasized the importance of a chief justice who sets the "tone of jurisprudence" and respects the principle of "three co equal branches of government."
So, perhaps the governor's decision to go with another choice reflected disappointment and/or alarm at Justice Recktenwald's patently activist approach in the Ala Loop decision.

Meanwhile, the paper also provides this analysis of the nominee's published opinions as associate justice. (An aside: Note that Justice Acoba dissented or partially dissented in seven of the nine opinions).

Inversecondemnation.com provided this analysis a little more than a week ago which includes the nominee's dissenting opinions.

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