The newest member of the University of Hawaii’s Board of Regents has given up his position on the influential state commission that screens candidates for judgeships.
Gov. Neil Abercrombie named Honolulu attorney Jeffrey Portnoy to the university’s 15-member governing board last month.
But because state law prohibits a person from serving on more than one state commission or board, Portnoy had to resign from the Judicial Selection Commission.
Portnoy said the governor, who had appointed him to the judicial commission, asked him to apply for the regent post.
The 66-year-old lawyer said he knew if he accepted the regentship, he would have to step down as a commissioner.
"I had to make a decision, and it was a very tough one," he said.
The commission will review candidates to fill a vacancy on the Hawaii Supreme Court next year. It will send a list of four to six names to the governor to replace Simeon Acoba, who must retire before he turns 70 in March under the state Constitution’s mandatory retirement provision for state judges and justices.
Abercrombie’s appointment is considered significant because it will fill the position held by Acoba, who has a reputation as the court’s most liberal jurist.
It will also be the governor’s third appointment to the five-member court.
The commission also is considering whether five state judges should be given new terms.
The governor’s office said Abercrombie will fill Portnoy’s vacancy on the commission this week.
Portnoy said he initially declined to apply for the UH post because he was happy to be a member of the commission.
"But in the last year, based upon conversations I’ve had with folks around the state regarding the University of Hawaii, and issues that were in the public, I was convinced that I might be able to contribute to improving the image of the regents, the functioning of the university, and that I had certain skills and background in some areas that might not be fully developed by the present group," he said.
Portnoy said people thought he could contribute to athletic issues, including the future of UH’s Division I football and the athletic department’s deficits.
Portnoy also said some knew he has a reputation for "fighting for transparency, and some people believed that maybe some of the prior regents were not as transparent as other people would want and I would bring a philosophy of openness."
In naming Portnoy, Abercrombie issued a statement calling him a "champion of the University of Hawaii and a respected leader in our community." The governor added that Portnoy’s expertise will "prove a valuable asset to the UH system."
Portnoy said he will continue his UH basketball radio show and play-by-play commentary, although he said he won’t be able to comment on certain matters, such as the coaches’ contracts.
Portnoy has also represented the media for decades on First Amendment issues, including the Honolulu Star-Advertiser in a pending request before the Hawaii Supreme Court over the closure of court sessions in federal agent Christopher Deedy’s murder trial this year.
He said he will still be able to represent the media, but not in any court cases against the university. He also said the Cades Schutte law firm in which he’s a partner cannot represent UH in litigation.
Portnoy also said he will continue to write his "Hoops Talk" blog posted on the Star-Advertiser’s website.
Portnoy’s interim appointment is subject to Senate approval for the term that expires June 30. He said he will then seek appointment to a full five-year term.
The commissioners are now reviewing the applications to fill Acoba’s vacancy. It will disclose the number of applications when it releases the list of candidates.
Because the commission operates in secrecy, it is not clear when the panel will send the names to Abercrombie.
But it could be in January or February for the governor to nominate the new justice and the Senate to approve the appointment before Acoba resigns.
The governor, the Senate president and the House speaker each appoint two members of the commission; the chief justice appoints one, and the Hawaii State Bar Association elects two members.
Under the state Constitution, the governor must appoint justices and judges to the high court, the appeals court and the Circuit Court to 10-year terms from lists of four to six candidates by the selection commission.
The chief justice must appoint district judges to six-year terms from lists of six candidates from the commission.
The commission’s other significant role is deciding whether justices and judges should be reappointed to succeeding terms.
The five whose terms expire next year are Honolulu Circuit judges Richard Perkins, Dexter Del Rosario and Patrick Border, Big Island Circuit Judge Greg Nakamura and Honolulu District Judge Hilary Benson Gangnes.
In addition, the panel will be giving a list of candidates to the chief justice for a Big Island Family Court District judgeship.