Gov. Josh Green has nominated Hawaiʻi Supreme Court Associate Justice Vladimir Devens to be chief justice of the court, choosing him from a short list of potential nominees consisting of two Maui lawyers, a law professor and an acting chief justice who soon will need to retire due to age restrictions. 

Green’s nomination marks a potential promotion for the former Honolulu labor lawyer, who Green nominated to the state’s high court in 2023. Devens, who has also served as a Honolulu police officer and on the Hawaiʻi Land Use Commission, was unanimously confirmed by the Senate to the Supreme Court in 2023. 

Devens “brings something that is essential in this moment — real-world experience, a deep understanding of working people and a grounded, salt-of-the-earth perspective that reflects the values of our communities,” Green said in a news release.

“At a time when families are focused on affordability, housing and stability, we need continuity and steady leadership in our courts,” the governor added.

Green chose Devens from a short list submitted by the Hawaii Judicial Selection Commission consisting of four other nominees: Maui lawyers Lance Collins and Benjamin Lowenthal, University of Hawaiʻi law professor David Forman and acting Hawaiʻi Supreme Court Chief Justice Sabrina McKenna. 

Besides Devens, McKenna was the only lawyer on the short list with Supreme Court experience; however, at age 68, McKenna would have been required to retire in two years by the Hawaiʻi Constitution, which requires Hawaiʻi judges to step down at 70.

Collins has served as a part-time per diem judge — filling in for district and family court judges — and, although Lowenthal and Forman lack experience on the bench, Green commended all of their expertise.

Collins and Lowenthal also have handled complex appeals court cases, and Forman has served as director of the University of Hawaiʻi law school’s environmental law program, teaching courses on administrative and appellate law and producing a body of published scholarly work.

“Every candidate presented to me was exceptional and I am grateful for the depth of talent willing to serve our state at the highest level,” Green said. 

But the chief justice job requires more than legal thinking. If confirmed by the Hawaiʻi Senate, Devens will take on the added administrative task of managing the state’s sprawling court system, ensuring access to justice for Hawaiʻi residents and being the public face of the judiciary in public speaking engagements, ceremonial events and testimony before the Legislature. 

Clients Included Teachers, Police Unions

A graduate of Kalani High School, Devens earned a bachelor’s degree in economics from the University of California Berkeley, where he was a member of the Phi Beta Kappa honor society. He earned his law degree from the the UC Berkeley School of Law, where he served as an associate editor of the Industrial Relations Law Journal.

As a lawyer, Devens represented powerful labor unions such as State of Hawaii Organization of Police Officers and the Hawaiʻi State Teachers Association, which supported Devens’ nomination as associate justice. 

He was the lead lawyer in a 2007 federal lawsuit brought by Hawaiʻi police officers and firefighters, who alleged their departments had violated labor laws by failing to compensate them for overtime, pre-shift and post-shift work. The suit resulted in a $30 million settlement with the City and County of Honolulu and Maui, Hawaiʻi and Kauaʻi counties.

Devens’ nomination to the Hawaiʻi Supreme Court in 2023 received overwhelming support from: individuals, fellow lawyers, former Hawaiʻi Senate President and U.S. Rep. Colleen Hanabusa, and labor unions including United Public Workers, Operating Engineers Local 3, the University of Hawaiʻi Professional Assembly, International Longshore and Warehouse Union and the Hawaiʻi Government Employees Association.

“As a private attorney working in labor relations on behalf of working-class individuals, Mr. Devens presents the opportunity to have an advocate for working families on the Court for the first time in over a generation,” Randy Pereira, executive director of the government workers’ union said in written testimony.

Before being admitted to the bench, Devens also served as a director of Be Change Now, a political action committee tied to the Hawaiʻi carpenters union, which has been one of Green’s most powerful supporters. 

Karl Rhoads, chairman of Hawaiʻi’s Senate Judiciary Committee, said the committee may look at Devens’ role with Be Change Now during confirmation hearings. But Rhoads said he didn’t see Devens’ political activities before he became a justice as a problem.

“Is it an issue?” Rhoads said. “It might be for some and not for others.”

“That doesn’t bother me,” he said.

CORRECTION: This story has been updated to add Lance Collins’ past judicial experience.