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.

Two prosecutors in the Hawaii U.S. Attorney’s Office are blasting the nomination of their former boss to a state court judgeship, The Honolulu Advertiser reported today. But the negative letters were only a fraction of what the Judiciary panel received on the Kubo nomination. The committee received a “near-avalanche” of letters in support of Kubo, the newspaper said.

Ed Kubo Jr. (Hawaii.gov)

Assistant U.S. Attorneys Thomas Muehleck and Mark Inciong submitted critical letters to the state Senate’s Judiciary and Government Operations Committee, which is considering former U.S. Attorney Edward Kubo for a seat on Hawaii’d First Circuit Court, the newspaper said. Kubo, who was tapped for the judgeship earlier this month, served as U.S. Attorney from 2001 until the end of September, when Florence Nakakuni, President Barack Obama’s choice for U.S. Attorney, was sworn in.

“I can say without reservation that in my opinion Mr. Kubo is not qualified to serve as a judge,” Muehleck wrote, according to The Advertiser.

Kubo dismissed Muehleck after the prosecutor allegedly threatened Kubo, the then-U.S. Attorney, in 2008 over losing an assigned parking space, according to the newspaper. Muehleck, a narcotics prosecutor, learned that he lost his parking space after he returned from a year-long Army deployment to Iraq, The Advertiser said.

“If I had a hand grenade now I would frag him,” Muehleck allegedly said at the time, according to the newspaper. The prosecutor has since been reinstated, The Advertiser said.

Inciong, who was described as a friend of Muehleck, criticized 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, according to the newspaper. Ex-ICE agent Jonathan Winnop allegedly seriously hurt and threatened to kill his former girlfriend, ICE Special Agent Evelyn Delos Reyes Ramo, The Advertiser said.

“It is ironic, to say the least, that if Mr. Kubo would be appointed to the bench it is my understanding that he would begin at the Family Court, a place where, less than a year ago, he attempted to intervene on behalf of a domestic batterer,” Inciong wrote.

Kubo declined to comment to The Advertiser on the letters. The state Senate panel will continue its hearing on the Kubo nomination on Thursday.

Deborah Gilg (Gilg, Kruger & Troia)

As four new Obama-appointed U.S. Attorneys took their oaths of office this week, their predecessors resigned. They are:

• Hawaii: Edward H. Kubo Jr. resigned yesterday. He had been the Hawaii’s U.S. Attorney since 2001. Kubo recently was one of six people who was nominated to fill a vacancy on the state First Circuit Court.  Florence Nakakuni was sworn in yesterday. She was confirmed Sept. 29.

• Nebraska: Joe W. Stecher resigned this morning. He has been the district’s U.S. Attorney since 2007. Stecher said, “I have a few options” both in the private and public sectors. Deborah Gilg was sworn in today. She was confirmed Sept. 29.

• 

  Daniel Bogden (Getty Images)

  Nevada: Gregory A. Brower resigned this morning. He had been the district’s U.S. Attorney since 2007. Brower has not announced official plans but has been mentioned as a possible Republican opponent for Sen. Harry Reid (D-Nev.) in 2010 or as a Nevada attorney general candidate. Daniel Bogden was sworn in 10 a.m. Pacific Time. He was confirmed Sept. 15.  Bogden was fired in 2006 as part of the Bush administration’s U.S. Attorney purge. Reid recommended him to President Obama for his old job.

• Western District of Washington: Jeffrey C. Sullivan resigned today. He had been the district’s interim U.S. Attorney since John McKay was forced out during the U.S. Attorney firings in 2006. Sullivan will remain in the office, working as a prosecutor in the criminal division. Jenny Durkan was sworn in this morning. She was confirmed Sept. 29.

Andrew Ramonas contributed to this report.

Ninth U.S. Circuit Court of Appeals Chief Judge Alex Kozinski wrote a sharply worded opinion that rebuked the Hawaii U.S. Attorney’s Office for its conduct in a 2007 criminal case, The Honolulu Advertiser reported today.

Kozinski wrote that Special Assistant U.S. Attorney Gabriel Colwell inappropriately questioned defendant Rex Harrison during cross examination, according to the newspaper. Colwell was detailed to the office from the military as a Special Assistant U.S. Attorney to the Hawaii office, the paper reported.

Harrison, a civilian contractor who installed secure computer networks on military bases, was convicted on two counts of assaulting military officers and sentenced to two years in prison. The judge overturned one of the counts, vacated Harrison’s prison sentence and sent the case back to the U.S. district court, according to The Advertiser.

“It’s black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness … but the prosecutors here did just that,” Kozinski wrote, adding that the questions were not “isolated incidents.”

Ninth U.S. Circuit Court Judge Jay Bybee was even more critical. In a dissenting opinion, the former Bush Justice Department Office of Legal Counsel chief — who’s been under his own ethics cloud for his role in authorizing brutal interrogation techniques — wrote that the entire case should be overturned.

The “outrageous behavior of the lead prosecutor” in the case was “so extensive that summarizing it all is no easy task,” Bybee wrote, the Advertiser reported.

“We do not permit attorneys to support or undermine witnesses by either vouching for their veracity (“Brutus is an honorable man”) or branding them unreliable (“All Cretans are liars”),” Bybee’s opinion said.

The office of U.S. Attorney Edward Kubo “conceded the impropriety” of the prosecutor’s questions in the appeal, Kozinski wrote but noted that Colwell and his co-prosecutor were on loan from the military, the opinion said.

“That’s no excuse at all,” Kozinski wrote. “When the United States Attorney endows lawyers with the powers of federal prosecutors, he has a responsibility to properly train and supervise them so as to avoid trampling defendants’ rights.”