HONOLULU – Governor Linda Lingle today nominated Chief Intermediate Court of Appeals Judge Mark E. Recktenwald to serve as an associate justice on the Hawai‘i State Supreme Court.  If confirmed by the State Senate, Recktenwald would fill the seat vacated by former Associate Justice Steven Levinson, who retired in December.

“Judge Recktenwald is an extremely competent jurist who will bring extensive knowledge of the law and the judicial system to the Supreme Court,” said Governor Lingle.  “He is a man of high moral character and a dedicated public servant.  He will bring a strong work ethic and a collaborative attitude to the bench.  Over the last six years I have known him, he has demonstrated fairness, integrity, common sense and compassion in all his work.  I am confident that Judge Recktenwald will serve with distinction on Hawai‘i’s highest court,” the Governor added.

Judge Recktenwald has extensive experience in the judicial system as a judge, federal prosecutor and a lawyer in private practice.  As chief judge of the Intermediate Court of Appeals since April 2007, Recktenwald has participated in deciding more than 250 cases on their merits and has authored 10 published opinions.  Under his leadership, the court has moved forward in implementing a 2006 reorganization plan of the appellate system, with an emphasis on deciding the court’s cases more promptly.  He has also worked to make the court more open and accessible, including instituting the practice of holding oral arguments on a regular monthly basis.

Prior to his appointment to the Intermediate Court of Appeals, Recktenwald served as the director of the Department of Commerce and Consumer Affairs.  During his tenure he focused on expanding protections against identity theft and enforcing Hawai‘i’s consumer protection laws, including guarding against unfair and deceptive trade and business practices, and insurance and securities fraud.  He also worked to make the department more accessible to the public by expanding on-line services.

Recktenwald is a former assistant United States Attorney who was responsible for litigating civil and criminal cases including white collar crimes.  He served as the health care fraud coordinator and environmental law enforcement coordinator for the U.S. Attorney’s Office, and was a prosecutor in wildlife crimes and fraud involving financial institutions, taxes and investment scams. He also worked in the civil division, handling cases in which the government sought civil damages for fraud.

Recktenwald was a partner with the law firm of Marr Jones and Wang where he specialized in employment litigation.  He also worked as an associate with Goodsill Anderson Quinn and Stifel and was a law clerk to Chief U.S. District Judge Harold Fong. In addition, he has experience working as an investigator/researcher for the United States Senate as well as a committee clerk for the Hawai‘i State Legislature.  He previously worked as a reporter in the United Press International’s Honolulu Bureau.  He is a graduate of Harvard University and the University of Chicago Law School. 

Governor Lingle selected Recktenwald from a list of six candidates that was submitted to her by the Judicial Selection Commission last month.  All six candidates were interviewed by Governor Lingle, Lt. Governor James R. “Duke” Aiona, Jr., Attorney General Mark Bennett, Chief of Staff Barry Fukunaga and Senior Policy Advisor Linda Smith. The Governor also invited the public to submit comments on the six candidates.

“The Judicial Selection Commission did an outstanding job of identifying six highly qualified candidates who have each earned the respect of their colleagues in the legal community for their extensive judicial and legal expertise,” said Governor Lingle.  “I appreciate the valuable input we received from a broad cross section of the public, which provided additional insight on the candidates’ respective bodies of work as well as their professionalism and personal character.”

Judge Recktenwald is Governor Lingle’s second appointee to the Hawai‘i Supreme Court.  In addition, the Governor has appointed four judges to the Intermediate Court of Appeals, including Recktenwald, as well as 11 judges to the Circuit Court.

Upon confirmation by the Senate, Governor Lingle will receive names from the Judicial Selection Commission to replace Recktenwald as chief judge of the Intermediate Court of Appeals.

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