State Judge Shanlyn Park, who had spent most of her career as a federal public defender in Hawaii, has been nominated to a lifetime appointment on Hawaii’s federal bench.
Background
Shanlyn Alohakeao Souza Park was born in Honolulu in 1969. She received a B.A. from the Chaminade University of Honolulu in 1991 and her J.D. from the University of Hawaii William S. Richardson School of Law in 1995. After graduating, Park clerked for U.S. Magistrate Judge Francis Yamashita and then became an Assistant Federal Public Defender with the District of Hawaii in 1997. In 2017, she left to return to private practice in Honolulu.
Since 2021, Park has served as a Circuit Court Judge for the First Circuit for the State of Hawaii.
History of the Seat
Park has been nominated for a vacancy on the U.S. District Court for the District of Hawaii. This seat will open when Judge Leslie Kobayashi moves to senior status on October 9, 2024.
Legal Experience
For the vast majority of her career, Park worked as a federal public defender in Hawaii, representing indigent defendants in both misdemeanor and felony matters in federal court. Notably, Park represented a co-defendant in a murder case, where she was able to negotiate a 30 year sentence for her client with opposing counsel Jill Otake (who later joined the federal bench under President Trump). See United States v. Jackson, Cr. No. 15-00293 SOM-KSC (D. Haw.). Notably, Park also represented Jeffrey Drye, who was charged with abusive sexual contact and sexual assault in the first degree. Drye v. United States, Civ. No. 12-00355 JMS (D. Haw.). After his conviction, Drye filed a petition alleging, among other claims, that Park provided him with ineffective assistance of counsel. See id. Specifically, Drye alleged that Park was ineffective in allowing Drye to testify at trial, in failing to file an appeal, and in her representation at sentencing. Id. Judge J. Michael Seabright rejected all three contentions. On the first, he found that, while Park advised Drye to testify, that advice “was a reasonable, strategic choice.” See id. On the second contention, Seabright noted that Drye himself had declined to file an appeal and that Park would not have been able to help him on a petition suggesting that she herself was ineffective. See id. Regarding the sentencing, Seabright noted:
“The only conclusion these facts support is that Park provided Drye extremely competent representation that resulted in Drye receiving a lower sentence than he otherwise could have received.”
From 2017 to 2021, Park worked in private practice, working on commercial litigation, including mediations and arbitration. Notably, Park represented Kaluakoi Poolside, LLC. in a commercial arbitration involving a dispute over the maintenance of common areas of a shared commercial property. See The West Molokai Association of Apartment Owners v. Kaluakoi Poolside, LLC., Case No. 16-0033-A (Dispute Prevention & Resolution Hawai’i Inc.).
Jurisprudence
In 2021, Park was appointed to the First Circuit of Hawaii by Governor David Ige. She initially worked in the Family Court Division and then in 2023 shifted to the Criminal Division. Over the course of her tenure, Park has presided over 21 jury trials, all in criminal cases.
Overall Assessment
Park’s Judiciary hearing attracted relatively little attention, and there is little reason to believe that this will change through the confirmation process. With Judge Kobayashi’s departure from active status still a year away, Park is almost certain to be confirmed well in advance of the vacancy opening.