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.

The Hawaii governor tapped the state’s previous top federal prosecutor for a Hawaii circuit court seat, the Honolulu Star Bulletin reported today.

Ed Kubo Jr. (Honolulu.gov)

Gov. Linda Lingle (R) nominated ex-U.S. Attorney Edward Kubo Jr. to succeed former First Circuit Judge Frances Wong, who has retired from the Oahu-based court. Kubo served as U.S. Attorney from 2001 until the end of September, when Florence Nakakuni, President Barack Obama’s U.S. Attorney, was sworn in.

“He has a well-rounded legal background that includes extensive experience as the United States’ chief federal law enforcement officer and principal litigator in Hawai‘i, a prosecuting attorney for the city and a private practice trial attorney,” Lingle said in a statement. “Ed has been an exemplary public servant and an outstanding citizen who is committed to improving our community and I am confident he will continue to serve the public well as a Circuit Court judge.”

The Hawaii governor picked Kubo from a list of six finalists who were submitted to her in December by a state selection committee.

Kubo told the newspaper that he was “honored” by the nomination.

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.

The Senate confirmed three U.S. Attorneys last night by unanimous consent.

They are:

Jenny Durkan (Law Offices of Jenny A. Durkan)

-Jenny Durkan (Western District of Washington): The Seattle lawyer was nominated June 4. She will replace Jeffrey C. Sullivan, who has been the interim U.S. Attorney since John McKay was forced out in the 2006 U.S. Attorney purge. Read more about Durkan here.

Deborah Gilg (Gilg, Kruger & Troia)

-Florence Nakakuni (Hawaii): The Hawaii Assistant U.S. Attorney was nominated July 14. She will succeed Bush holdover Edward Kubo Jr., who has been U.S. Attorney since 2001. Read more about Nakakuni here.

-Deborah Gilg (Nebraska): The Omaha lawyer was nominated July 31. She will replace Bush holdover Joe Stecher, who has been U.S. Attorney since 2007. Read more about Gilg here.

The Senate has now confirmed 14 U.S. Attorneys who have been reported out of the Senate Judiciary Committee. Paul Fishman for New Jersey is the only nominee who has been endorsed by the panel, but has not been considered by the full Senate yet. Fishman and Durkan waited more than three months before the Senate Judiciary Committee considered them. Read our previous report about the delays on them here.

The Senate Judiciary Committee has yet to consider eight U.S. Attorney nominees, including Timothy Heaphy for the Western District of Virginia who will go before the panel tomorrow.

The Senate Judiciary Committee endorsed five Justice Department nominees today by unanimous consent.

They are:

Ignacia Moreno

Jenny Durkan (Law Offices of Jenny A. Durkan)

-Ignacia Moreno (Environment and Natural Resources Division Assistant Attorney General): The General Electric Co. counsel was nominated June 8. She would succeed Ronald Tenpas, who resigned in January. Read more about the nominee here.

-Jenny Durkan (Western District of Washington U.S. Attorney): The Seattle lawyer was nominated June 4. She would replace Jeffrey C. Sullivan, who has been the interim U.S. Attorney since John McKay was forced out in the 2006 U.S. Attorney purge. Read more about the nominee here.

Paul Fishman (Friedman, Kaplan, Seiler & Adelman)

-Paul Fishman (New Jersey U.S. Attorney): The New York lawyer was nominated June 4. He would replace Ralph Marra, who became acting U.S. Attorney after Chris Christie resigned in December 2008 to run for New Jersey governor. Read more about Fishman here.

-Florence Nakakuni (Hawaii U.S. Attorney): The Hawaii Assistant U.S. Attorney was nominated July 14. She would replace Bush holdover Edward H. Kubo Jr., who has been U.S. Attorney since 2001. Read more about Nakakuni here.

Deborah Gilg (Gilg, Kruger & Troia)

-Deborah Gilg (Nebraska U.S. Attorney): The Omaha lawyer was nominated July 31. She would replace Bush holdover Joe Stecher, who has been U.S. Attorney since 2007. Read more about the nominee here.

Durkan and Fishman were held over from last week at the request of Ranking Member Jeff Sessions (R-Ala.) Read our report here.

The panel has now endorsed a total of 15 U.S. Attorney nominees. The Senate has confirmed 11 U.S. Attorneys that have been reported out of the Senate Judiciary Committee. The panel has yet to consider eight U.S. Attorney nominees.

Moreno joins four Assistant Attorney General nominees, who were reported out of committee and are waiting for votes in the full Senate. Dawn Johnsen (Office of Legal Counsel), Thomas Perez (Civil Rights Division), Christopher Schroeder (Office of Legal Policy) and Mary L. Smith (Tax Division) were endorsed by the panel months ago. Read our report on the stalled nominees here. The panel still has to consider one more Assistant Attorney General nominee, Laurie O. Robinson, who was nominated Sept. 14 to lead the Office of Justice Programs.

The Senate Judiciary Committee will consider President Obama’s nominee for the Justice Department Environment and Natural Resources Division at a meeting Thursday.

Ignacia Moreno

Ignacia Moreno testified at a nomination hearing before the panel earlier this month. She said her work as a counsel on environmental programs at General Electric Co., along with her time in the Clinton Justice Department as a prosecutor in the Environment and Natural Resources Division, will be assets to her if she is confirmed.

Some Environmental Protection Agency attorneys have said they were concerned about Moreno because of her work at GE, according to a report by ProPublica, a non-profit investigative Web site. Senate Judiciary Committee Ranking Member Jeff Sessions (R-Ala.) said he does not have concerns about Moreno’s job at GE.

The panel will also consider U.S. Attorney nominees Jenny Durkan for the Western District of Washington, Paul Fishman for New Jersey, Deborah Gilg for Nebraska and Florence Nakakuni for Hawaii.

Last week, Sessions postponed panel votes on Durkan and Fishman until the Thursday meeting. Gilg and Nakakuni are appearing on the panel agenda for the first time this week.

The Senate Judiciary Committee reported U.S. Attorney nominees Steven Dettelbach for Ohio’s Northern District and Carter M. Stewart for Ohio’s Southern District out of committee today by voice vote.

Steven Dettelbach (ohio.gov)

Carter M. Stewart

The group of U.S. Attorney nominees endorsed by the panel grew to seven members with the addition of Dettelbach and Stewart. There are another 10 U.S. Attorney appointees that the committee has not considered yet.

The U.S. Attorney nominees reported out of committee (not including Dettelbach and Stewart) are:

-Preet Bharara for the Southern District of New York (nominated June 4; reported out of committee June 18)

-Tristram Coffin for the District of Vermont (nominated June 4; reported out of committee June 18)

-Joyce Vance for the Northern District of Alabama (nominated June 4; reported out of committee June 18)

-John Paul Kacavas for the District of New Hampshire (nominated June 4; reported out of committee June 25)

-B. Todd Jones for the District of Minnesota (nominated June 4; reported out of committee June 25)

The U.S. Attorney appointees that the panel has not considered yet are:

- Jenny Durkan for the Western District of Washington (nominated: June 4)

- Paul Fishman for the District of New Jersey (nominated: June 4)

-Brendan Johnson for the District of South Dakota (nominated: July 14)

-Karen Loeffler for the District of Alaska (nominated: July 14)

-Florence Nakakuni for the District of Hawaii (nominated: July 14)

-Dennis K. Burke for the District of Arizona (nominated: July 14)

-Daniel Bogden for the District of Nevada (nominated: July 31)

-Deborah Gilg for the District of Nebraska (nominated: July 31)

-Timothy Heaphy for the Western District of Virginia (nominated: July 31)

-Peter Neronha for the District of Rhode Island (nominated: July 31)

Senate Judiciary Chair Patrick Leahy (D-Vt.)  called on the Senate again to move on all Justice Department nominees reported out of committee. Read our previous report on the delays here.

“I remain hopeful that the Senate Republican leadership will work with us to clear all these nominations for confirmation before the extended August recess,” Leahy said in a statement submitted for the record today. “Those that cannot be confirmed by unanimous consent or on a voice vote this week should be scheduled with appropriate time agreements for debate, and up-or-down votes upon the Senate’s return the week of Sept. 8.”

The panel today also approved by voice vote Vermont U.S. Marshal nominee David Demag and President Obama’s nominee to lead the U.S. Patent and Trademark Office, David Kappos.