Senate elevates Devens to Supreme Court chief justice
By Dan Nakaso
Last updated 11:41 p.m.
Vladimir Devens:
He replaces former Chief Justice Mark Recktenwald, who retired last year when he turned 70
Following a divided Senate committee confirmation vote, Associate Justice Vladimir Devens was confirmed on Thursday to become chief justice of Hawaii’s Supreme Court by the full Senate following a 20-to-5 vote that reflected concerns over Devens’ failure to initially disclose his relationship with a powerful political action committee while applying to join the court as an associate justice.
Devens is scheduled to be sworn in on Tuesday following a week that saw a divided Senate Judiciary Committee vote 3-to-2 to recommend that the full Senate confirm his nomination.
During his April 24 confirmation hearing before the Senate Judiciary Committee, Devens acknowledged failing to disclose three years ago that he had been one of three directors of Be Change Now, which is funded by the influential and political arm of the Hawaii Carpenters Union, Pacific Resource Partnership.
“He has stated his omission was inadvertent, taken responsibility and apologized to the Judiciary Committee, and disclosed it in his current application for Chief Justice this year,” Sen. Stanley Chang (D, Hawaii Kai-Kahala-Diamond Head) — a member of the Judiciary Committee — said on the Senate floor Thursday. “Contrary to news reports, he has never represented Be Change Now, the Carpenter’s Union, or any of their affiliates as their lawyer.”
Fellow committee member Sen. Brenton Awa (R, Kaneohe-Laie-Mokuleia) told the full Senate, “What I saw in our hearing was a man who acknowledged that something could have been done better, apologized for it sincerely, and said he would have done it differently.”
During the Judiciary Committee hearing, Chair Karl Rhoads told Devens,“You didn’t indicate anywhere that you were a part of one of the most powerful political organizations in the state.”
Rhoads voted in the committee against recommending the full Senate confirm Devens as chief justice.
Opposition Thursday also came from Sens. Lorraine Inouye (D, Hilo-Pepeekeo) and Joy A. San Buenaventura (D, Puna), who told their colleagues that they oppose Gov. Josh Green’s nomination of Devens while Green, Devens and his wife and two of his three daughters sat in the Senate galley.
San Buenaventura — a member of the Judiciary Committee — said that “a character of a person is determined not by what you do when everyone is watching, but what you do when no one is watching.
“… When he became a member, a director of one of three, in Be Change Now, he knew the character of the organization he chose to be a member of. He wasn’t hired, he wasn’t a counsel, he wasn’t an attorney. He chose.
“… As chief justice, he is the judge above all the other justices,” she said. “He determines ethics of not only other judges, but also attorneys.
“He becomes like the governor of the third branch of government,” San Buenaventura said. “If we choose not to confirm him this time, he will still be an associate judge. He will still be able to do those opinions or join in opinions and make decisions like he did the past two years.”
Sen. Les Ihara (D, Palolo-Kaimuki-Moiliili) voted yes, with reservations, on Thursday after saying that the Senate voted unanimously to confirm Devens’ nomination as an associate justice without knowing about Devens’ relationship with Be Change Now.
Back in 2023, Ihara said, Devens “was confirmed unanimously by the Senate without that information.
“… The nominee was a politically active labor attorney who served on political committees that selected candidates for union endorsements,” Ihara said. “He was also a fiduciary on a three-person Hawaii non-profit corporation board that functioned as a political action committee for a political organization.”
Other senators, some of whom sat on Devens’ Judiciary confirmation hearing, praised Devens’ background as a Honolulu Police Department officer who joined the force after graduating from law school — and for his demeanor on the bench.
Before the vote, Sen. Mike Gabbard (D, Kapolei- Makakilo-Kalaeloa) — vice chair of the Judiciary Committee — praised Devens and said he would support his nomination.
After comments in support and opposition to Devens’ nomination — followed by the final Senate vote — Gabbard asked Devens to rise, which he did while tapping his right hand over his heart.
“I’m pleased to introduce our new Chief Justice of the Hawaii State Supreme Court, Vladimir P. Devens,” Gabbard said to applause.
Gabbard then asked Devens’ family to stand with him.
Devens, 63, has been confirmed to a 10-year-term as chief justice.
But state law imposes a mandatory retirement age of 70 for judges and justices.
He replaces former Chief Justice Mark Recktenwald, who retired last year when he turned 70, and Acting Chief Justice Sabrina S. McKenna, who remains on Hawaii’s highest court.
Devens did not make a statement following his confirmation.
But McKenna, in a statement, offered her “heartfelt congratulations to my good friend and colleague, Justice Vladimir P. Devens, on his confirmation by the Hawai‘i State Senate as the next Chief Justice of the Hawai‘i Supreme Court.
“It has been a tremendous honor to serve as Acting Chief Justice,” McKenna said. “I will continue do everything I can to support the Judiciary and Chief Justice Devens, who I am confident will be an excellent Chief Justice.”
