Aloha loyal Jail Mail readers: |
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At this moment, the Hawaiʻi Judiciary finds itself at a defining crossroads. Following the retirement of Chief Justice Mark Recktenwald on September 30, 2025, the center seat of our state’s highest court has been vacant for months. While the "interim" solution—led capably by Acting Chief Justice Sabrina McKenna—is currently holding the line, the Governor must eventually select a permanent successor from the list of applicants. |
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The "Recktenwald Timeline" |
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When Mark Recktenwald was confirmed in 2010, he was 54 years old. It gave the state 15 years of consistent, stable leadership before he hit the mandatory retirement age of 70. |
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My hope is that we repeat that history of success. By selecting a leader with a significant runway, we ensure the court has a consistent strategy to navigate the next decade of AI-driven change, rather than falling into a cycle of leadership gaps. |
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The AI Frontier |
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We are at the very beginning of the 4th Industrial Revolution. Think how the internet changed everything, or how your first iphone unlocked the world of mobile computing for all. Whether you buy the hype or not, AI is here. ChatGPT has nearly a billion users; Google's Gemini is right behind it. I’m already seeing attorneys reach out to me with questions about deep research using AI, and products like Harvey or AI-integrated Westlaw are already giving early adopters a significant edge. |
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The next Chief Justice must be a "digital native" of sorts—someone young enough to understand and steer the judiciary through an unknown future where technology will fundamentally change the legal field. We need a leader who can navigate the uncertainty of this revolution with a long-term vision. |
The Applicants: Who Wants the Wheel? |
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It is important to note that the current list represents those who have applied; we haven't reached the final "shortlist" that triggers the Governor's appointment deadline. However, the names currently in the mix tell a compelling story. |
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Benjamin Lowenthal stands out as a seasoned Maui and Oahu public defender and appellate specialist. He brings a unique neighbor-island perspective and a deep scholarly commitment to Hawaiʻi’s legal history. |
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Crucially, as a younger applicant, he fits the Recktenwald career timeline and would give the judiciary 15+ years of stability before coming close to the mandatory retirement age of 70. He is the closest applicant to being “AI native,” having been raised with the internet and now in his working prime during this AI revolution. |
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In contrast, Acting Chief Justice Sabrina McKenna offers unmatched institutional stability. She isn’t just a placeholder; she is arguably the most experienced jurist in the history of our state, having worn the robe in nearly every type of courtroom we have. If the Governor wants a Chief Justice who can hit the ground sprinting on day one, McKenna is that choice. However, that legendary resume comes with a catch: she is currently 68, and as mentioned earlier, 70 is the mandatory retirement age. |
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Rounding out the field are Lance D. Collins, a Maui-based advocate, Vladimir P. Devens, an Associate Justice who brings fresh energy and a background in complex litigation, and David Foreman, who is a Professor of Law and Co-Director of the Environmental Law Program at the William S. Richardson School of Law (UH Manoa). |
The Final Word |
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I briefly considered setting up a Polymarket for this race—the irony of a 'legal' betting market on a judicial appointment is almost too good to pass up. But given that Hawaii lawmakers are currently trying to ban these markets because of people betting on the Governor's speech, I'll stick to giving you the inside track here in Jail Mail instead. No deposit required. |
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What did you think of today's issue of JAIL MAIL |
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