Honolulu attorney James H. Ashford is poised to succeed Dean Ochiai for a six-year term as a district judge on Oahu, after a Senate panel recommended his nomination be approved by the full Senate.
A vote by the full Senate, meeting in special session this week to take up the nomination, is scheduled for today.
The Senate Judiciary and Labor Committee on Monday voted unanimously, 7-0, to approve Ashford’s nomination. Sen. Les Ihara (D, Moiliili-Kaimuki-Palolo) voted "with reservations."
"I think it was very thorough, and I genuinely and sincerely appreciate the thoroughness and the attention that the senators gave to their responsibility on the process," Ashford said Monday after the vote.
Although virtually all of the testimony submitted on Ashford’s behalf was positive, questions during the course of the two-day confirmation hearing focused on a matter that was raised late last week involving a procedural matter that led to Ashford’s filing of a false affidavit in a 2007 real estate transaction case.
Ashford had attempted to file via certified mail a complaint while a defendant was out of state. The letter was received, but the defendant did not sign for it. Instead, an office manager, who was not authorized to sign for the mail, signed and returned the letter’s certification. Although the defendant’s attorney had notified Ashford that the receipt was not signed by his client, the affidavit ultimately was filed without the required signature.
When questioned on the matter, Ashford acknowledged the mistake and said in hindsight he now agreed that he should have exercised better judgment.
Chief Justice Mark Recktenwald nominated Ashford from a list of candidates from the Judicial Selection Commission. Ashford focused on commercial litigation, employment law, construction and condominium disputes, and other types of civil cases.