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Mixed testimony on circuit court nominee Homa as witness alleges judicial misconduct under review
Summary
The Senate Judiciary Committee heard competing testimony on a First Circuit circuit‑court nominee on April 22: the Hawaii State Bar Association and retired judges recommended confirmation, while one former litigant testified that she has filed a lengthy complaint alleging the judge mishandled eviction proceedings and that the Commission on Judicial Conduct is investigating.
The Senate Committee on Judiciary on April 22 took testimony on a governor’s nominee to the First Circuit Court and heard both endorsements from the legal community and a detailed complaint from a former litigant that is now the subject of an internal investigation.
Mark Murakami, president of the Hawaii State Bar Association, told the committee the HSBA’s review committee interviewed the nominee and checked references and that the board had determined the nominee was qualified. Several retired judges, law‑firm leaders and civic organizations also testified in support, citing the nominee’s legal skill, supervisory experience and courtroom temperament.
In contrast, Celeste Gonzales, who identified herself as a post‑litigant and Section 8 tenant, testified in opposition and described a series of disputed rulings in eviction and related proceedings in district court. Gonzales said she appealed to the Intermediate Court of Appeals (ICA), filed writs and has submitted a 300‑page complaint to the Commission on Judicial Conduct; she told senators the commission investigation remained pending.
Gonzales alleged that during a September 2021 hearing she had been present in the courthouse but was not retrieved by a bailiff when the matter was called; she said the judge then held an ex parte discussion with the opposing counsel and later directed that the opposing side be permitted to refile certain documents. The nominee’s response noted that the district court record showed the judge had granted the motion for reconsideration and that, as to some small‑claims procedural matters, the Hawaii Supreme Court later found the party effectively served. The nominee told the committee she had not been aware that Gonzales was physically present and said she had ruled in Gonzales’s favor on at least one motion that day.
The nominee (identified at the hearing by last name) described a long career that included a law‑firm practice focused on civil litigation, a 2020 appointment as a district court judge and a February 2024 assignment to sit in circuit court. She credited her civil practice and the mentorship of colleagues for preparing her to work on a circuit court civil calendar and said the pending complaint to the Commission on Judicial Conduct was under investigation; she said she had responded to the commission’s questions about two issues raised by Gonzales.
Retired district court Judge Sherry Eha testified in support and described the nominee as a “sharp mind” and a reliable colleague who continued to work through a family health crisis and handled civil calendars effectively. HSBA and other supporters asked senators to consider the bar’s review process and interviews when weighing the nomination.
Committee members asked the HSBA how many member comments were returned in their survey; Murakami said the board received member comments for multiple nominees but declined to disclose detailed counts during the hearing, citing a written policy and the confidentiality of respondent feedback.
On process, Chair Rhodes reminded the committee that the panel would not vote at this hearing; a confirmation vote was scheduled for Thursday at 10:00 a.m. The Commission on Judicial Conduct investigation cited by Gonzales remains an independent proceeding; the committee did not take final action on the nomination at the April 22 meeting.
