The state government explains why it won't release application summaries for judicial nominees: Privacy expectations.

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MARK J. BENNETT
LINDA LINGLE ATTORNEY GENERAL
GOVERNOR 1
RUSSELL A. SUZUKI
ATTORNEY GENERAL
FIRST DEPUTY
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
425 QUEEN STREET
HONOLULU. HAWAII 96813
(808) 586-1500
September 28, 2010
Cathy L. Takase, Esq.
Acting Director
Office of Information Practices
No. 1 Capitol District Building
250 South Hotel Street, Suite 107
Honolulu, Hawai’i 96813
Dear Ms. Takase:
Re: Appeal from Denial of Access to General Records (APPEAL 11-6)
This letter responds to your September 10, 2010 letter to Barry Fukunaga, Chief
of Staff, Office of the Governor, regarding the appeal from Mr. Michael Levine, regarding
the Office of the Governor’s denial of his chapter 92F, Hawaii Revised Statutes request for
records relating to “[amy and all written and electronic communications between the
Office of the Governor or any of its staff or employees and the Judicial Selection
Commission or any of its members or employees since January 1, 2010. Specifically, Mr.
Levine seeks disclosure of the applicant summaries provided to the Governor by the
Commission with its respective lists of nominees.
We have reviewed your September 10, 201 0 letter, and the references to
authorities that you cite, but cannot advise the Office of the Governor that the applicant
summaries are required to be disclosed under chapter 92F, Hawaii Revised Statutes. We
come to this conclusion because the information contained in the applicant summaries is
information derived from the candidate applications. We believe that under HRS § 92F-
14(h)(4), information in an agency’s application for public employment or appointment to
a government position are cloaked with a significant privacy interest to the individual.
Moreover, because the information is from the personnel files of the Judicial Selection
Commission, when such information is provided to the Governor’s office, it continues to
be subject to the restrictions on disclosure as the originating agency. See, HRS § 92F-
19(b). We have included with this response four recent applicant summaries to confirm
the significant privacy interest of the individuals. Information contained in the applicant
sunimaries includes date of birth. employment history, health status, sanctions and lawsuits
against the applicant, racial and ethnic infOrmation. religious information, and information
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2. Cathy L. Takase, Esq.
September 28, 2010
Page 2
on prior successful and unsuccessful applications, among other confidential information.
We trust that you will keep the information disclosed to you confidential.
Please feel free to contact me further if you wish further clarification or discussion.
Very truly yours,
Russell A. Suzuki
First Deputy Attorney General
End.
c. Mr. Barry Fukunaga
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