The Hawaii Senate confirmed a former U.S. Attorney as a state court judge, The Honolulu Advertiser reported today.

Edward Kubo (Hawaii.gov)

Only one senator voted against ex-U.S. Attorney Edward Kubo, a Republican, for a seat on Hawaii’s First Circuit Court. Kubo’s confirmation had been in doubt after a Senate committee that considers judicial nominees voted 3-3 on the nomination last week.

Democratic state Sen. Brian Taniguchi, the panel chairman, voted against Kubo in committee, but changed his position on the former U.S. Attorney after meeting with him to discuss his concerns. The Hawaii Senate typically takes its cues on confirmation votes from the leaders of the relevant Senate committee.

“I’m just very thankful, not only for being considered by the governor and by the Senate, I am very appreciative for all the people and everything that they’ve done in stepping forward,” Kubo told reporters, according to the newspaper.

Kubo, who has strong support from the Hawaii legal community, served as U.S. Attorney from 2001 until the end of September 2009, when Florence Nakakuni, President Obama’s choice for U.S. Attorney, was sworn in. Hawaii Gov. Linda Lingle (R) nominated Kubo last month to succeed former First Circuit Judge Frances Wong, who has retired from the Oahu-based court.

A former Hawaii U.S. Attorney has likely won over a key state senator in support of his nomination to a state court, which would clear the way for his confirmation today, The Honolulu Advertiser reported today.

Edward Kubo (Hawaii.gov)

Democratic state Sen. Brian Taniguchi, who chairs the Senate panel that considers judicial nominations, told the newspaper he would likely vote to confirm ex-U.S. Attorney Edward Kubo, a Republican, for a seat on Hawaii’s First Circuit Court. The Hawaii Senate typically follows the recommendations of panel leaders on confirmation votes.

The chairman voted against Kubo in a 3-3 panel vote last week. Taniguchi said at the time that he didn’t support Kubo in committee because the federal prosecutor, who served during the George W. Bush administration didn’t sufficiently respond to questions about controversial cases he handled.

The Democratic state senator met with Kubo after the vote. They discussed Taniguchi’s concerns about apology letters Kubo was ordered to write jurors after a judge dismissed a case because Kubo didn’t make a 1997 court hearing. They also discussed a March 2009 Hawaii U.S. Attorney’s Office friend-of-the-court brief which, according to an Assistant U.S. Attorney, improperly eased a restraining order against an Immigration and Customs Enforcement agent.

The former U.S. Attorney told panel members during a hearing that he missed the court hearing because of a power outage and didn’t work on the filing of the friend-of-the-court brief.

“After the vote, I thought he handled himself very well,” Taniguchi told The Advertiser. “He was very professional.”

Kubo, who has strong support from the Hawaii legal community, served as U.S. Attorney from 2001 until the end of September 2009, when Florence Nakakuni, President Obama’s choice for U.S. Attorney, was sworn in. Hawaii Gov. Linda Lingle (R) nominated Kubo last month to succeed former First Circuit Judge Frances Wong, who has retired from the Oahu-based court.

A Hawaii state Senate committee was unable to reach an agreement Thursday on whether a former Hawaii U.S. Attorney should be seated on a state court, The Honolulu Advertiser reported today.

Ed Kubo Jr. (Hawaii.gov)

The state Senate’s Judiciary and Government Operations Committee split, 3-3, on the nomination of former U.S. Attorney Edward Kubo for a seat on Hawaii’s First Circuit Court, according to the newspaper. Kubo, who was tapped for the judgeship earlier this month, served as U.S. Attorney from 2001 until the end of September 2009, when Florence Nakakuni, President Obama’s choice for U.S. Attorney, was sworn in.

Judiciary Committee Chairman Brian Taniguchi, a Democrat, told the newspaper he voted against Kubo because the ex-U.S. Attorney didn’t sufficiently respond to questions about controversial cases he handled.

Assistant U.S. Attorney Mark Inciong wrote a letter to the committee criticizing Kubo for a March 2009 friend of the court brief which, the Assistant U.S. Attorney said, improperly eased a restraining order against an Immigration and Customs Enforcement agent. Ex-ICE agent Jonathan Winnop allegedly seriously hurt and threatened to kill his former girlfriend, ICE Special Agent Evelyn Delos Reyes Ramo.

Kubo told the state senators that he didn’t help file the brief and learned about it after the fact, according to The Advertiser.

The former U.S. Attorney also didn’t tell the judicial selection panel, which reviewed nominees for the judgeship, about apology letters he was ordered to write jurors after a judge dismissed a case because Kubo didn’t make a 1997 court hearing, the newspaper said. But he did disclose the incident to the Hawaii State Bar Association, according to The Advertiser.

Kubo said he didn’t show up for the court hearing because he went to lunch after a major explosion and power outage, according to newspaper.

“I didn’t think this was of that nature of professional negligence,” Kubo told the senators, according to The Advertiser.

Kubo’s nomination could come to the full state Senate for a vote, as early as today, even without affirmative action by the committee. But, although Kubo received strong support from the Hawaii legal community, the state Senate typically follows the recommendations of panel leaders on confirmation votes, the newspaper said.

The committee chairman told the newspaper that his decision to vote against Kubo was tough. “I think, for me, I kind of wanted to see how the nominee would respond to these kinds of concerns, because I think that’s part of what it takes to be a judge,” Taniguchi told The Advertiser.