Today will be the last day on the bench for Third Circuit Chief Judge Robert Kim, four years to the day after being named the Big Island’s chief administrative jurist by Hawaii Chief Justice Mark Recktenwald.
It is an involuntary move, as Kim is turning 70 in July — the mandatory retirement age for judges in Hawaii.
“It’s bittersweet, because 70 is the new 40, right? I get calls from Joe Biden saying, ‘You’re too young to leave,’” Kim quipped during a recent interview with the Tribune-Herald.
Kim was appointed to the Kona Circuit bench by then-Gov. David Ige on Nov. 21, 2017. The appointment was for a 10-year term, ostensibly to end on Nov. 20, 2027, but Kim already knew his time presiding in a courtroom would be abbreviated by the retirement law.
“I think it hurts the organization, because at 70, you’re still active,” Kim said. “I guess everybody’s different, but the more experience you have, the more mature you become over time. It just helps to have judges with experience. I have 30 years of trial practice, and then I became a judge, bringing all of that experience.
“It also hurts women, because they have a longer life expectancy than men. You know, the Judiciary is really supportive of women judges. In fact, once I step down July 1, all the judges in Kona are going to be women.”
In fact, Kim’s successor as the Big Island’s chief judge is Kona Circuit Judge Wendy DeWeese. It’s believed she’s the first woman judge to receive that appointment.
While Kim will be retiring from the bench, it seems more a “rehirement” — as he will continue with the Judiciary, on Tuesday assuming the position of chief courts administrator for the Third Circuit. It’s a natural fit, because Kim — who was appointed chief judge during the apex of the novel coronavirus pandemic — huddled with since-retired Third Circuit Chief Courts Administrator Lester Oshiro to keep courtrooms operating despite serious staffing shortages and the temporary closure of the South Kohala Courthouse.
“(Kim) became known as the ‘MacGyver’ of the Third Circuit, quickly assessing the problems and designing creative solutions to ensure that services to the Big Island community were not compromised,” said Recktenwald. “His outstanding leadership as chief judge these last four years was especially notable as we navigated the many challenges brought on by the pandemic.
“While leading the Third Circuit, Judge Kim also maintained a full calendar, including handling criminal, civil, environmental and family court cases. I am very grateful for his service to the Judiciary and the people of Hawaii.”
Kim’s and Oshiro’s creative solutions to the adverse conditions caused by the pandemic led to Kim’s being named Jurist of the Year for Hawaii in 2023.
“It’s quite an honor, and I’m thankful,” Kim said. “… I was successful, because as chief judge, I have really good judges that support me. So, that award is not just for me. It’s for the Third Circuit.”
Kim also was honored last year by the Hawaii County Bar Association with its Meritorious Service Award.
The Honolulu-born Kim moved to Hilo when he was 10. After graduating from Hilo High School, he earned his bachelor’s degree in political science from then-Hilo College, serving a year as student body president. Kim then earned his law degree from the William S. Richardson School of Law at the University of Hawaii at Manoa in 1986.
He was a member of the prestigious UH Law Review, a student-run journal that publishes articles written by law professors, judges and other legal professionals. Students contribute shorter pieces known as “notes.”
Kim spent much of his 30-year-plus pre-bench career as a lawyer as a private solo practitioner, and several speakers at a ceremony Thursday for Kim’s retirement said he was often on the side of the underdog and the public.
Oshiro called his old friend “a one-man band” during the event.
“What Bob did, way back — before he ever appeared on the bench — as a private attorney, and at times, president of the West Hawaii Bar (Association), he lobbied very hard behind the scenes to get us the funding and to push the legislators and convince them that the Big Island needed judicial facilities,” Oshiro said. “… Oftentimes spending his own money to fly to Honolulu and lobby behind the scenes.
“If it weren’t for Bob’s efforts, we wouldn’t be sitting here in this courthouse, the Hilo Courthouse. And if it wasn’t for his efforts, we wouldn’t be in the Kona Courthouse. And the Kona Courthouse, which was a $91-plus million courthouse, was one of the only projects I can think of that was completed on time, under budget — and we had an extra $200,000 to put solar panels on top … .”
Prior to construction of the two state-of-the-art courthouses, Hilo courtrooms were in the State Building and the former Kona courthouse was an outdated, minimum-security facility adjacent to Kona Community Hospital in Kealakekua.
Kim called the two new courthouses “bunkers” and said the extra security they provide is essential.
“The rhetoric and the politicizing of everything on the internet — everybody’s got an opinion — it’s gotten more violent in terms of disagreement with court decisions and being anti-establishment,” Kim said. “Not just here, but everywhere. So, security for the judges is really important, and the chief justice is making sure that we’re going to have security for ourselves.
“I think a lot of the rhetoric, basically, diminishes the integrity of the system,” he continued. “You know, the system works. The system has flaws, but the system works, with the checks and balances of the three branches of government. When you start to determine whether judges are Republicans or Democrats, or the like, it just kind of polarizes people. There’s a diminishment of respect for the rule of law.
“I tell jurors who come in every time they have a jury trial, there are three things that our country asks of citizens. One is to vote. One is to serve in the military during times of trouble. And the other is to serve as a juror. And people from around the world are flocking to our shores because they know they’re going to get a fair shake, or at least a chance at a fair shake, in the United States. We’re not perfect, clearly, but our system is a good system. We just convicted a former president.
“The rule of law is there for everyone, whether you’re rich or whether you’re homeless.”
