Hawaii’s judicial nominating commission published its list of four nominees for a state supreme court vacancy on September 29, 2020. The nominees are Judge Todd Eddins, David Forman, Judge Darolyn Lendio Heim, and Benjamin Lowenthal. Gov. David Ige (D) will appoint one of the four to the state supreme court with consent from the state Senate. Ige has 30 days to select his nominee after receiving the list.
The vacancy occurred when Justice Richard W. Pollack reached the mandatory retirement age of 70 years and retired on June 30, 2020. Pollack joined the court in 2012. His replacement will be the first nomination Gov. Ige makes to the five-member state supreme court. The most recent appointment to the court was made in 2014 by Ige’s predecessor, Gov. Neil Abercrombie (D).
In Hawaii, state supreme court justices are chosen through the assisted appointment method. Under this appointment method, Hawaii’s judicial nominating committee recommends four to six potential nominees to the governor, who chooses a nominee from the list. The governor’s nominee requires confirmation from the Hawaii State Senate. Justices serve 10-year terms. If they wish to serve additional terms, they must stand for retention before the state judicial nominating commission.
Twenty-two states and the District of Columbia use the assisted appointment method for their courts of last resort. Seven states use gubernatorial or legislative appointments, 15 use nonpartisan elections, and six use partisan elections.
As of October 1, 2020, 21 state supreme court seats had been vacated in 2020, 10 vacancies had been filled, and 11 remained vacant.