A measure enacted Thursday by Gov. Josh Green that reduces by nearly half the retirement benefits for future judges comes at a time when the state Judiciary is struggling to find qualified judges, especially on the neighbor islands, and they are facing an increasing number of threats to their safety.
Green initially supported Senate Bill 935, then told the Legislature last month that he might veto the latest version of it. On Thursday, he ended up signing it into law.
The measure reduces retirement benefits for judges appointed on or after July 1, 2031.
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SB 935 was one of 12 of 20 bills Green signed into law that were also on his intent-to-veto list. In response, both House Speaker Nadine Nakamura and Senate President Ron Kouchi announced they had no plans to hold a special session to consider overriding any of the governor’s vetoes.
The number of threats against Hawaii judges is approximately eight times higher than five years ago, according to the Judiciary. So far this year, there have been twice as many threats against them compared to last year.
In the latest incident in June, the Honolulu Police Department notified state and federal court officials that a 911 caller said an unidentified man was going to shoot a judge at a Honolulu courthouse.
Hawaii Supreme Court Chief Justice Mark Recktenwald plans to retire Sept. 30, about a week before he reaches the mandatory retirement age of 70, after serving for 15 years as head of the high court. The state Judicial Selection Committee must provide Green with the names of at least four candidates to replace Reck tenwald, but so far has been able to find only three.
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So it has extended the application deadline to Sept. 11 for a 10-year term that pays $248, 124 annually.
Once he gets the final list of applicants from the committee, Green will select his nominee, who then has to be confirmed by the state Senate.
In the meantime, Associate Supreme Court Justice Sabrina S. McKenna will fill in as interim chief justice.
SB 935 provides no justification for why future judges should receive smaller retirement benefits. It was introduced solely by state Sen. Dru Kanuha (D, Kona -Kau-Volcano ), who did not respond to a request for comment.
Overall, SB 935 makes other changes in retirement benefits for a variety employees that had general support from some influential labor unions.
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But only future judges would see the size of their retirements reduced—a provision that was opposed by unions including the Hawaii Government Employees Association, Hawaii State Teachers Association, State of Hawaii Organization of Police Officers, United Public Workers and International Longshore and Warehouse Union.
HGEA, the state’s largest public workers’ union, objected to cutting future judges’ retirement benefits, writing in testimony, “We find that this portion is counter intuitive to the general theme of this measure which is intended to help with the recruitment of public servants. This provision will severely impact the recruitment of new judges—specifically, the recruitment of quality attorneys in private practice to apply as judges.”
Similar concerns were expressed by the Hawaii State Bar Association and bar associations for Kauai and Maui counties and West Hawaii.
Recktenwald wrote to Green in May that the measure “will adversely impact recruitment of judges and thereby the future of Hawai ‘i’s judicial branch. This singling out of judges is especially concerning while judges have become lightning rods nationally for interpreting and applying constitutions and laws.”
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“Since 2019, applications for judicial positions statewide have trended downward overall and downward among women, ” Recktenwald wrote. “As a result, numerous application deadlines for these public offices have been extended. Indeed, from 2019 through the summer of 2024, 30 % of vacant judgeships statewide and 79 % of vacant judgeships on the neighbor islands have required extended application deadlines. The position of Chief Justice, which will be vacated this year due to mandatory retirement, also apparently did not attract the requisite minimum of four qualified applicants.
“Recruitment challenges already lead to apparently prolonged vacancies of judicial positions that have in turn impacted the public. Reducing retirement benefits for judges will exacerbate the challenges of attracting the most highly qualified, ” he added.
An announcement from Green’s office Thursday that he had signed SB 935 into law included a statement from Recktenwald lauding a “very productive ” legislative session that included establishment of several new courts and judicial initiatives.
“We are grateful that as part of the process, all sides have been able to express their views on SB 935 and we respect the Governor’s decision, ” Recktenwald said. “I thank the Governor and legislative leadership for their openness to considering issues relating to recruitment of judges and other important matters going forward.”
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The Hawaii State Bar Association also wrote to Green in its opposition to SB 935. “It is unclear why judges were specifically singled out ; however, it is alarming and will have a detrimental effect on our judiciary, ” the attorneys’ group said.
“Given the limited pool of qualified judges and candidates for judicial vacancies, HSBA is extremely concerned that reducing the pensions of retiring judges will further disincentivize qualified candidates from pursuing a vacancy. Additionally, the bar is aging, with many individuals either retiring or changing their status to inactive.
“Coupled with a mandatory retirement age of seventy years of age, this further impacts the state’s ability to adequately fill the bench with qualified, thoughtful, and independent jurists … especially in light of public disdain for the rule of law, nationwide attacks on the constitution, and extensive threats to an independent judiciary.”