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Guzman named county prosecutor

Former council member needs to be confirmed by council

By Melissa Tanji 5 min read

WAILUKU -- Former Maui County Council member and candidate for mayor Don Guzman has been appointed by Mayor Michael Victorino to head the Office of Prosecuting Attorney.

Victorino made the announcement Friday afternoon at a news conference at the Kalana O Maui building. Friday was the last day for acting Prosecutor John D. Kim, who a week earlier had been rejected for the job by the County Council after a grueling confirmation process including several hours of questioning by council members.

When asked what is going to happen to Kim, county spokesman Chris Sugidono said Friday: "We are working on that."

In his announcement of Guzman, who held the Kahului residency seat when a council member, Victorino did not directly address the month-long, sometimes contentious confirmation process for his 11 directors, but alluded to the tough process.

"I think he will do an outstanding job for the county," Victorino said. "He knows the process he has to go through, and I think he’s ready for that. Don’t know why he would be ready for that, but he is. I would like to say at this point in time, Don, welcome to the family."

The council has the responsibility of confirming the appointments of 11 directors, including the managing director. The council approved eight of the 11 director nominees.

Guzman confirmed that his first deputy will be Robert Rivera, who has served in that position under Kim since the Mayor Alan Arakawa administration.

Victorino and Guzman are hardly strangers. They battled to be mayor, along with former Council Member Elle Cochran, last year. Guzman was eliminated in the primary election in August and did not endorse Victorino or Cochran.

Victorino and Guzman also served together on the Maui County Council from 2012 to 2016.

"I’m very thankful for the mayor for his confidence in me, and giving me the opportunity to continue to serve our community from policymaker back to the practice of law. I hope that the council will have the same confidence in me, when I go to confirmation," Guzman told the audience, which included Victorino’s administrative staff, several council members and council staff.

If he is confirmed, Guzman said he will give the office a "breath of fresh air" and "new blood."

"And will be totally committed to pursuing justice in our community without fear or favor. My intent is to give it my very best. . . . I would do the very best to take this leadership role to the highest level of service to this Maui community."

Guzman thanked 2nd Circuit Court Judge Richard Bissen, who gave Guzman his start by hiring him as a deputy prosecutor in the Maui County office two decades ago.

"My experience there laid the foundation for everything that I am today in this community," Guzman said.

If he is confirmed, Guzman doesn’t see making any "drastic or substantial change," but will try to motivate everyone. Kim’s critics have said that there was low morale in the office.

Guzman said his time away from being a prosecutor gives him a new outsider perspective on the office and its business. "I’m going to come in with a more holistic point of view. We look at every aspect before we do recommendations and sentencings," he said.

Guzman, who was a little late to the news conference, said he had his interview with Victorino around 11 a.m. and was cooking spaghetti at home when he got the call that he got the job and that the news conference was at 1:30 p.m.

He initially applied for a position in Victorino’s administration late last year but didn’t receive a call back. He resubmitted his resume after Kim was not confirmed.

Council Chairwoman Kelly King could not be reached for comment Friday afternoon.

Council Member Mike Molina, who is the chairman of the council Governance, Ethics and Transparency Committee, said the members will begin vetting Guzman on March 12.

Molina said he did not foresee Guzman’s appointment for county prosecutor; he thought Guzman had sought another county position.

"I’m happy Mr. Guzman has decided to take on this responsibility as prosecuting attorney and he certainly brings experience having worked in that office, and with the added experience on the council certainly makes him a worthy candidate nominee to be considered."

Molina said the process will be fair and conceded that the first round of vetting of directors was long, with nominees enduring hours of questioning. He also noted that the process was extended by the outpouring of public testimony both from supporters and critics.

Molina said he will do his part to reduce redundant questions and encourage committee members to meet with Guzman one-on-one to get most of their questions answered.

In a short interview after being sworn into office, Guzman said he did not watch much of the confirmation proceedings. He said following the election, he felt he needed to rest. He did watch a rerun of one of the confirmation meetings, though.

Guzman said he was one of the council members who introduced the confirmation process for appointed directors.

"I think it’s something that’s going to be very difficult, but also part of the process," Guzman said of his upcoming hearings.

During the Feb. 22 meeting, council members rejected the appointments of Kim, William Spence as Housing and Human Concerns director and David Goode as Public Works director.

Spence will serve until March 17, the administration said Monday. There continues to be no end date for Goode’s temporary appointment.

The administration continues to work on filling those positions, said Sugidono.

* Melissa Tanji can be reached at mtanji@mauinews.com.

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