Honolulu, Hawaii

, 2002




Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary, to which was referred Judiciary Communication No. 5, submitting for study and consideration the nomination of:

JOEL AUGUST, to the Circuit Court of the Second Circuit, for a term to expire ten years,

begs leave to report as follows:

Your Committee received testimony in support of the nominee from the Chairperson of the Board of Land and Natural Resources, a Hawaii State Representative, Hawaii State Public Defender, Hawaii State Bar Association (HSBA), forty-seven attorneys, a retired judge, and twenty-three individuals.

The HSBA subjected the nominee to rigorous review and evaluation before rating the nominee as "highly qualified" for the position. That rating is the highest endorsement given by the HSBA for judicial appointment recommendations. The review includes a thorough evaluation of the nominee based on a modified version of the American Bar Association Guidelines for Reviewing Qualifications of Candidates for Judicial Office. The guidelines' criteria include: integrity, legal knowledge and ability, professional experience, judicial temperament, diligence, financial responsibility, public service, collegiality, and writing ability.

The nominee received an undergraduate degree from Dartmouth College and a law degree from the University of California, Boalt Hall. He is licensed in Hawaii, California, U.S. District Court (Hawaii), and U.S. Court of Appeals for the Ninth Circuit. He is currently a partner with Lowenthal & August, and has served from 1990 to the present as a hearings officer for the Maui Planning Commission. Your Committee notes that the nominee has served as a per diem judge with the Family Court of the Second Circuit, and was Legal Counsel to the Kahoolawe Island Conveyance Commission from 1990-1992. He is active in Maui cultural, educational, and community activities.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee, after full consideration of the background, character, experience, and qualifications of the nominee, has found the nominee to be qualified for the position to which nominated and recommends that the Senate consent to the appointment.

Respectfully submitted on behalf of the members of the Committee on Judiciary,