Judge Amano could earn up to $200,000 for TMT contested case hearing
DENNIS ODA / 2005
Documents reveal what retired Judge Riki May Amano could earn to preside over the TMT contested case hearing.
Retired Judge Riki May Amano is earning $375 an hour and could make as much as $200,000 for acting as Thirty Meter Telescope contested case hearings officer.
Those are some of the facts found in documents released this week by the state in response to a lawsuit filed in Oahu Circuit Court last month.
Aaron Wills, a consultant hired by Campbell Estate heiress Abigail Kawananakoa to obtain the records, filed the suit in June, alleging the state was not producing the public documents within the required 20 business days.
Among the records released this week were Amano’s contract and other documents pertaining to the hearings officer selection process.
In March the state selected the former Hawaii island circuit judge to oversee the contested case hearing following a statewide search.
The hearing is a replay of the 2011 proceeding that was ordered anew by the state Supreme Court in December. The high court had ruled that the state Board of Land and Natural Resources violated the state Constitution when it approved the $1.4 billion project’s conservation district use permit before holding a contested case hearing.
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According to an employment contract dated March 31, Amano has until June 30, 2017, to complete the hearing, although there are two options to extend the hearing by six months each.
In her application, Amano pledged to serve “with strict impartiality.” She also said that, “based on what I can glean from the news media, I do not believe I have a conflict of interest or that there would be any appearance of conflict,” but she added: “I will adhere to my ongoing duty to disclose any information regarding any possible conflict of interest as the case or cases proceed.”
After Amano was publicly announced as the hearings officer, the Mauna Kea Hui petitioners formally objected, pointing out that she was a member of the ‘Imiloa Astronomy Center, which is part of the University of Hawaii-Hilo, the project’s applicant, giving her an appearance of bias. Amano then submitted a formal disclosure of that fact.
The state ultimately denied the objections — even after both the university and TMT agreed that Amano should be disqualified to avoid another possible Supreme Court setback.
In her application, Amano admitted to not having “specific knowledge” of the Hawaii Revised Statutes and Hawaii Administrative Rules administered by the Department of Land and Natural Resources “but I am willing to research and learn.”
Amano, who currently officiates mediation and arbitration proceedings, noted that her billable rate is $400 an hour but “I am willing to discuss my pay rate with the department.”
The search resulted in seven qualified candidates. Of those, the top three were ranked in order. Amano was No. 1, followed by No. 2 Diana L. Van De Car, a per diem family court judge from Volcano, and No. 3 Mario Ramil, a former associate justice of the state Supreme Court who served from 1993 to 2002.
In a statement released Wednesday, Kawananakoa said the newly disclosed documents offer evidence that state officials are working “an ill-conceived plan” to ensure the TMT International Observatory Board gets its permit.
“With the governor’s concurrence, DLNR and UH have manipulated the process,” she said.
James Wright, Kawananakoa’s attorney, called Amano’s compensation outrageous — especially considering she was denied reappointment to the Circuit Court by the state Judicial Selection Commission in 2003.
What’s more, with Amano getting the nod over a former Supreme Court justice, the state is clearly trying to manipulate the process, Wright said.
“The state is desperate to keep Amano no matter what,” he said. “Why? DLNR and UH want a sure thing — not a fair process.”
Joshua Wisch, special assistant to state Attorney General Doug Chin, said the process was fair, with the department’s selection committee making its decisions based on the criteria set forth in the procurement notice.
Meanwhile, Richard Naiwieha Wurdeman, attorney for the Mauna Kea Hui petitioners, said Wednesday that the state still has not turned over all the records he requested as far back as April 1.
21 responses to “Judge Amano could earn up to $200,000 for TMT contested case hearing”
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TMT backers in the Nei need to cut their losses and move the telescope to a truly progressive country. Nei is just too backwards for advanced technology as we have seen over and over and over.
Yeah, political issues and party loyalties are the problems that must be reconciled with in obtaining a fair and just decision. On the other hand ancient and sacred beliefs of original settlers of the Hawaii must also be considered whether it is superior or not to the latter settlers?
Why consider the sacred beliefs of a Hawaiian religion banned by King Kamehameha II, Liholiho and his mother Queen Kaahumanu. And why is Abigail Kawananakoa against the TMT project and the rail metro project for Honolulu. Why is she against science, knowledge and our understanding of the heavens and the universe? Why is she against the rail metro project, which will ease the traffic along the leeward side and into Honolulu. Guess she never has to dive through the traffic, and probably never use rail, even if she lives long enough to see rail completed.
Why can’t this trial be handled by a judge who is not retired therefore paid by State salary? Don’t the State have active judges on its payroll?
Judge Amano is a respected jurist known for her tough work ethic, impartiality and love for Hawaii. She’s a Hilo girl, grew up with Hawaiians, and I have every confidence she will be incisive and fair. The pay is not excessive for the profession; whoever serves in that position will earn a comparable amount. She’s far more down-to-earth and in touch with regular people than the pompous “princess”, who chased Hawaiian fishermen off of her falsely-claimed private beach. I’ll take Amano’s judgment over hers anytime.
Hookupaa! GREAT comments. Especially about the “princess”. Aren’t there native Hawaiians that don’t believe her princess status? Does she covet her “private” beach for her quarterhorses to lounge before racing?
Agree.
Judge Amano is not a “respected jurist”, she was denied re-appointment by the State Judicial Selection Committee in 2003, a reflection of no confidence in her abilities. Both pro and anti TMT parties requested she be disqualified as the hearings officer in order to avoid another setback. Another example of Ige’s failed leadership and reason why he should be be a one-term governor.
Hmm not a bad amount of chump change $$$$$
Nice work if you can get it, no? And then, after her decision is appealed, the meter starts ticking all over again.
Braddah, experienced attorneys and judges don’t make “chump change”!
OMG, if she is making that much, imagine what the lawyers are raking in. LOL LOL LOL
There needs to be a “telescope” focused on how deep Hawaii’s racism goes. Our dominant majority population of Asian Americans will go to any lengths to hold on to the power they have over writing law and enforcing the law they write so both enrich themselves at the expense of the original owners of the lands of the state, including royal land owner clans and tribal nearest kinship clans. Good ting to keep in mind is dat pake are a third group, wherein Chinese ancestry is the dominant racial ingredient, with as little as one native Hawaiian ancestor in the tree. Why is she shown posing in front of a Japanese stage set, if that is what it is? What is it?
Too bad the native Hawaiians don’t have the fortitude for more of their own to become outstanding lawyers and judges. Instead, plenty of strong back, weak mind products. Call it culture gap to be polite. Same reason there are so few of them entering the STEM professions.
Is Amano Hawaiian?
mythman, you better take a good look at your own form of racism
Build the telescope!
From the Hawaii Tribune Herald: “The fact is that [the Amanos are] part of the University of Hawaii at Hilo and UH-Hilo is a party to the action,” Wurdeman said. “She’s a dues-paying member to a party in an action. We feel that’s at least an appearance of a conflict, to say the least.”
Take it out of DHHL budget.
what dhhl budget?
Loser pays?