The state Judiciary has provided Circuit Judge Michael Wilson with copies of his personnel file and judicial performance reviews, but sources said Friday evening that the state Supreme Court nominee is wrestling with whether to set a precedent by disclosing the information to the state Senate.
Wilson is expected to appear on Saturday morning before the Senate Judiciary and Labor Committee for a second confirmation hearing. The Senate women’s caucus wants him to disclose the personnel records because of questions about his conduct toward women in professional contexts.
Politically, some sources say, Wilson is in a no-win situation. Disclosing the records could give senators information that might be used as a reason to vote against his confirmation; withholding the records could suggest he has something to hide.
"I think that’s his dilemma that he’s trying to deal with," said Sen. Clayton Hee (D, Laie-Waialua), chairman of the Senate Judiciary and Labor Committee.
Hee said he told Wilson to expect to be asked directly by senators at the hearing about his personnel records. Hee said he would prefer that any answer from Wilson be given publicly, but the committee has the option of going into executive session.
Rodney Maile, the administrative director of the courts, wrote Hee on Friday to say that Wilson has been provided with copies of his personnel file, judicial performance review summaries and other information in response to the Senate women’s caucus request.
Allies of Wilson who spoke with him Friday said the judge is concerned about the precedent of turning over the records to the Senate. If Wilson does disclose the information, it could become expected of other judicial nominees in the future.
"I appreciate the nominee saying that he’s in a tough position," said Sen. Laura Thielen (D, Hawaii Kai-Waimanalo-Kailua). "I’d have to say we’re in a very tough position as senators because of the information that’s been brought out to date."
Thielen, an attorney and former president of Hawaii Women Lawyers, said it is her understanding that judicial performance reviews — gathered under a process known as Rule 19 — are part of the applicant screening potentially available to the state Judicial Selection Commission.
The Senate women’s caucus has asked for lawyer comments and other material gathered on Wilson for judicial performance reviews.
Hee has said he wants people to come forward on Saturday with specific allegations against Wilson, but Thielen said attorneys who might have to appear before Wilson in court one day would be reluctant to criticize him publicly.
Thielen and the other women senators have suggested that Wilson disclose his personnel file only to the Senate, keeping the material confidential from the public.
In an op-ed prepared for Saturday’s Honolulu Star-Advertiser, the eight women of the Senate explain that questions about Wilson’s conduct toward women should not be ignored.
"We have an obligation to address these concerns. If we did not give it a second look, we would be doing a disservice to all the work that many women have done in the past to make the topic of sexual assault, sexual harassment and conduct toward women a public concern," the women senators wrote.
"The fact is, the issue of treatment of women in the workplace is all too often dismissed, as the problem is belittled or normalized."