Republicans in the state Senate accused Democrats of partisan politics, retaliation and hidden agendas after the Senate majority rejected Gov. Linda Lingle nominee to the Intermediate Appeals Court Tuesday.

Just last week it appeared Randall Lee had the support he needed, but the tide turned during the past few days and people who support Lee said he is the victim of a last minute campaign to rob him of a job he deserves.

Lee is a former deputy prosecutor who has served as a Circuit Court judge for the past two and a half years.

Gov. Lingle thinks Lee is ready to move up to the state's second highest court.

"He's such a humble man. He's committed himself to the people of Hawaii," Lingle told reporters.

On Thursday, Oct. 25, the Committee on Judiciary and labor voted unanimously in favor of confirming Lee. But on the Senate floor Tuesday the chairman of that Committee, Senator Brian Taniguchi, withdrew his support.

"After a lot of thought and consideration I have regrettably decided to vote against the nomination of randal lee to the intermediate court of appeals," Taniguchi said.

Taniguchi cited two reasons for changing his mind. He said Lee lacks sufficient experience on the bench. And Taniguchi is troubled the board of the Hawaii Bar Association does not endorse Lee.

The board is split. Eight in favor of Lee's nomination and eight against.

Republicans are angry at Taniguchi and other Democrats for their change of heart.

"Do you have a conscience? Do you have any scruples that you make decisions upon?" said Republican Sen. Fred Hemmings.

Republicans accuse their Democratic colleagues of succumbing the past few days to the will of attorneys who do not like Lee because they either faced him when he was a deputy prosecutor or lost cases before Lee at Circuit Court.

The Republicans said that is not the way the confirmation process is supposed to work.

"It's not supposed to work like little termites, and goblins and spooks behind closed doors over the weekend," said Republican Sen. Sam Slom.

Lingle said it is clear Democrats do not want former prosecutors to serve as judges.

Lee chose not to criticize anyone.

"I respect the process. I really do," he said after the Senate rejected his nomination.

Sixteen senators, all of them Democrats, voted against Lee's nomination. Nine Senators voted in favor of Lee's nomination. Among those in favor, all four Republicans in the Senate.

There are five more people on the list of potential nominees generated Judicial Selection Commission. They are attorney Katherine Leonard, Circuit Court judge Sabrina McKenna, attorney Steven Nakashima, attorney Michael Tanigawa, and Circuit Court judge Frances wong.

State rules dictate the governor must pick a name from the list within the next ten days. The Senate then has 30 days to confirm or reject the new nominee.

The Senate will have to come back late this year for another special session to consider Lingle's nominee.

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