The state Senate yesterday confirmed Glenn Kim as a Circuit Court judge for O'ahu, finding that the Honolulu deputy prosecutor has the intellect and integrity necessary for the 10-year appointment to the bench.

The 16-9 vote, after a lengthy private caucus among majority Senate Democrats, overruled the recommendation of the Senate Judiciary and Labor Committee, which had narrowly opposed Kim's confirmation.

Gov. Linda Lingle, state Attorney General Mark Bennett, Honolulu Prosecutor Peter Carlisle and Kim himself met personally with senators over the past few days to preserve the nomination.

"You won't be sorry," Kim told Lingle after yesterday's vote.

The Senate also voted unanimously yesterday to confirm Mark Recktenwald as chief judge of the Intermediate Court of Appeals. Recktenwald, director of the state Department of Commerce and Consumer Affairs, was expected to be confirmed after overwhelming support at his confirmation hearings.

"Mr. Recktenwald is a good and decent person who is known for his fairness," said state Sen. Mike Gabbard, R-19th (Kapolei, Makakilo, Waikele).

State Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), the chairman of the Judiciary committee, predicted Recktenwald would be "one of the finest judges to sit on the Intermediate Court of Appeals."

Kim also received tremendous support at his confirmation hearings but was almost derailed after two former prosecutors who had worked with him told the Senate he was undermining and disrespectful.

Both state Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), an attorney, and Hee said the testimony raised doubts about whether Kim had the right judicial temperament.

Hee, who said he was humbled by Kim's academic credentials and accomplishments, told the Senate there was enough reasonable doubt about Kim to vote against the nomination. "We must err on the side of the people who charged us with the duty to represent them," Hee said.

Hanabusa said she was concerned that other attorneys who may have been skeptical of Kim may have been afraid to come forward because of his support from much of the legal establishment and the initial likelihood he would be confirmed. But she said senators were free to vote their conscience and, after spending nearly two hours in caucus, a majority chose to go against the president and the Judiciary chairman.

State Sen. Lorraine Inouye, D-1st (Hamakua, S. Hilo), said she was convinced Kim is the right person for the bench. She asked senators to put the descriptions from the two former prosecutors who were critical of Kim into context. "We are all human and retribution, unfortunately, is often an ugly part of our human nature," she said.

Senate Republicans had been prepared to excoriate Hee if Kim's nomination was rejected. Some thought Hee went too far in pursuing Kim's detractors — including issuing a subpoena to one of the former prosecutors who was critical — and in dwelling on Kim's seemingly casual use of profanity.

State Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), said it was troubling for Hee and others to use Kim's adamant denial he was undermining and disrespectful to colleagues as evidence of his rigidity and lack of judicial temperament. He asked senators not to judge Kim in a political context.

"We're used to people who equivocate or who do not remember things," Slom said.

Kim, a Kalani High School graduate, won the Bronze Star for his service in the Army during the Vietnam War. He earned law and undergraduate degrees from the University of Hawai'i and master's and doctorate degrees from Harvard University. He has been a leader on domestic violence cases in the prosecutor's office.

"It was pretty grueling," Kim said of the confirmation process. "But I guess given the final result it was worth it."

Recktenwald, who has degrees from Harvard and the University of Chicago Law School, is a former assistant U.S. attorney. He has led the state Department of Commerce and Consumer Affairs since shortly after Lingle took office.

"I thought it was a thorough and fair process and appreciated the governor for nominating me for this position and appreciated the Senate's vote confirming my nomination today," he said

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.