Case No. 99-04339 - Motion to Recuse Judge Robert J. Faris

BOBBY N. HARMON, CPCU, ARM

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Debtor, Pro Se

UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF HAWAII

In re ) CASE NO. 99-04339 (CH7)

)

BOBBY NORRIS HARMON and ) DEFENDANT BOBBY HARMON’S

(REDACTED) ) MOTION TO RECUSE HONORABLE

dba ORBITS HAWAII ) JUDGE ROBERT J. FARIS

)

) HEARING: AUGUST 16, 2006

) TIME: 10:30 AM

Debtor(s) ) JUDGE: HONORABLE ROBERT J. FARIS

)

________________________________)

DEBTOR BOBBY N. HARMON’S MOTION TO RECUSE
HONORABLE JUDGE ROBERT J. FARIS

COMES NOW Debtor BOBBY N. HARMON and moves to recuse Honorable Judge Robert J. Faris from the above entitled matter under 28 USCS Sec. 455, and Marshall v. Jerrico Inc., 446 US 238, 242, 100 S.Ct. 1610, 64 L. Ed. 2d 182 (1980).

“The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law.”

Barron’s Dictionary of Legal Terms, defines recusal as follows:

RECUSAL - Disqualification of a judge, jury or administrative officer for prejudice or interest in the subject matter. A judge may be recused as a result of objection by either party, or may voluntarily disqualify himself or herself if he or she fears that he or she may not act impartially, or that some circumstance will lead to a suspicion of bias.

Despite previous letter requests by the Defendant for Judge Robert J. Faris to disqualify himself due to material conflicts-of-interest, he has declined to take such action. Therefore, Defendant now believes that he has no alternative but to file this formal Motion for Recusal.

Defendant sincerely believes, and greatly fears, that he cannot receive a fair hearing from Judge Robert J. Faris, for the following reasons:

1. The Honorable Robert Judge Faris was a former partner in law firm of Gelber, Gelber, Ingersoll, Klevansky & Faris *. This firm has represented both Hawaiian Airlines and Aloha Airlines in their bankruptcy cases before Judge Robert Faris. Kamehameha Schools has financial interests in both airlines. Lyn Anzai, Esq., currently of Rush Moore, LLP, was a former officer of Hawaiian Airlines during the time of Defendant’s RICO lawsuit and the subsequent Chapter 7 proceedings. Harmon was a co-employee of Lyn Anzai at Kamehameha Schools. Both Anzai and I were in the Legal Division, and reported to General Counsel Nathan Aipa. Other co-employees at Kamehameha Schools/Bishop Estate included Guido Giacometti (husband of Susan Tius), Colleen Wong, Louanne Kam and Gilbert Ishikawa. Creditors in the Hawaiian Airlines Chapter 11 bankruptcy case (www.halclaims.com) included: ACE American Insurance Co., San Diego, CA; AIG Aviation Inc., Atlanta, GA; AIG Hawaii Insurance Co., Honolulu, HI; AIG Law Dept-Bankruptcy, Attn: David A. Levin, Esq., New York, NY; Lyn Anzai, 1645 Bertram St., Honolulu, HI 96816; Aon Consulting, Inc., Honolulu, HI; Chubb Group of Insurance Co., New York, NY; Federal Insurance Company, c/o Chubb Group, San Francisco, CA; Federal Insurance Company, c/o Marsh USA, Inc., Seattle, WA; Hawaiian Insurance Consultants, Honolulu, HI; Internal Revenue Service: Kailua-Kona, HI; Island Insurance Co. Ltd., Honolulu, HI; Marr Hipp Jones & Pepper, LLP, Honolulu, HI; National Union Fire Insurance Co. of PA (AIG), New York, NY; Prudential Insurance Company, Florham Park, NJ; Royal Insurance Company, c/o Hobbs Group, San Diego, CA; Rush Moore Craven Sutton Morry & Beh, Attn: Susan Tius, Honolulu, HI; Steven Guttman, Kessner Duca Umebayashi Bain & Matsunaga, Honolulu, Hawaii; Tokio Marine & Fire Insurance Co., Japan; Transamerica Insurance Finance Corp, Williamsville, NY; Travelers Insurance Co., San Diego, CA; United States Fire Insurance Group, c/o Crum & Forster, San Francisco; XL Specialty Insurance, Greenwich, CT; Zurich American Insurance Co., Schaumburg, IL; Kamehameha Investment Corp. (Robert Faris’ former client), Kamehameha Schools, Kamehameha Swim Club, Kamehameha Swim Team, Kessner Duca Umebayashi Bain & Matsunaga, James Duca, Steven Guttman, and other parties who have direct, or indirect, financial interests in the referenced case. Arbitrator Judith Neustadter Fuqua has had financial connections with Prudential Insurance Company. Lyn Anzai is the wife of Earl Anzai, the former Hawaii Attorney General who was responsible for the resolution of EQ2048. Lyn Anzai, Earl Anzai, Nathan Aipa, Colleen Wong, Louanne Kam, Gilbert Ishikawa, Guido Giacometti, Sanford Murata (Kamehameha Investment Corp.), Rocco Sansone (Marsh & McLennan), Colbert Matsumoto (Island Insurance Co. ), Judith Neustadter Fuqua, Steven Guttman, James Duca, and Judge Robert Faris are named as witnesses in the CV05-00030 DAE/KSC.

2. The bankruptcy trustee in the Hawaiian Airlines case was Joshua Gotbaum. Joshua Gotbaum was the first Chief Executive Officer of the The September 11^th Fund in October, 2001. Joshua Gotbaum was Assistant Secretary of Treasury for Economic Policy, serving then-Secretary Robert Rubin and then-Deputy Secretary Laurence Summers. He served as Assistant Secretary of Defense from 1994-1995. Prior to joining the Department of Defense, Mr. Gotbaum was a partner and managing director of the New York investment bank of Lazard Freres & Co. All of the highlighted entities have had substantial direct, or indirect, financial relationships with Kamehameha Schools/Bishop Estate and Goldman Sachs. Joshua Gotbaum, Robert Rubin, Henry Paulson and Judge Robert Faris are all named witnesses in CV05-00030 DAE/KSC.

3. Robert Faris was the attorney for Kamehameha Investment Corp. in the Peter Savio bankruptcy case. Peter Savio is a long time business partner with Kamehameha Schools and its subsidiaries. Both Peter Savio and Kamehameha Schools have had multi-million dollar financial relationships with The Nature Conservancy. The former president and CEO of The Nature Conservancy was Henry Paulson, then Chair of Goldmans Sachs - a corporation in which Kamehameha Schools is a major stockholder, along with Sumitomo Bank. Henry Paulson resigned from Goldman Sachs to become the United States Secretary of Treasury. Faye Kurren, wife of the Honorable Judge Barry Kurren, is the Chair of the Hawaii Chapter of The Nature Conservancy. Judge Barry Kurren was the magistrate judge in Defendant’s RICO lawsuit, and in the settlement negotiations. Judge Robert Faris, Peter Savio, Henry Paulson, Faye Kurren and Judge Barry Kurren are named witnesses in CV05-00030-DAE/KSC.

4. The Honorable Judge Robert Faris was the bankruptcy judge in the Aloha Tower Associates bankruptcy case. Aloha Tower Associates was a creditor in the referenced case. The accountant for Aloha Tower Associates was Michele Tucker of Sterling & Tucker. Michele Tucker is the accountant for Steven Gutman in the referenced case. The court appointed receiver for Aloha Tower Associates was Sanford Murata. Mr. Murata is the Director of Kamehameha Schools Commercial Assets Divison. Both Michele Tucker and Sanford Murata are named witnesses, along with Judge Robert Faris, in CV05-00030-DAE/KSC.

5. The Honorable Judge Robert Faris was the judge in the Summit Communications bankruptcy case. Steven Guttman and James Duca were the trustee’s attorneys. Summit Communication received a substantial portion of its business from Sandwich Isles Communications, whose officers include Robert K.U. Kihune (a Kamehameha Schools’ trustee), and Gilbert Tam (my former superior at Kamehameha Schools/Bishop Estate). Judge Faris, Steven Guttman, James Duca, Robert Kihune and Gilbert Tam, among others with financial connections to these entities, are named witnesses in CV05-00030-DAE/KSC.

6. Debtor still has outstanding insurance claims against Kamehameha Schools; Marsh & McLennan; Federal Insurance Company (Chubb Group); Aon Insurance Services, Rush Moore LLP, the Estate of Mary Lou Woo, Kessner Duca Umebayashi Bain & Matsunaga, and various other entities with direct, or indirect, financial relationships to CV05-00030-DAE/KSC: OFFICE OF THE UNITED STATES TRUSTEE vs BOBBY N. HARMON. (ref. www.kycbs.net/Claims-By-Harmon.htm)

The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS, including the rights of free speech and to a public trial by jury. Therefore, Petitioner respectfully demands that Judge Robert J. Faris be recused in this case in light of the evidence that there exists material conflicts of interest, which gives Petitioner good reason to believe that he cannot hear the referenced case in a fair and impartial manner.

DATED: (REDACTED), August 8, 2006

_____________________________________

BOBBY NORRIS HARMON,

Defendant, Pro Se

Internet References:

www.kycbs.net/CV05-00030-OUST-vs-Harmon.htm

www.kycbs.net/CV05-00030-Witness-Faris-Robert.htm

www.kycbs.net/RICO-BH.htm

www.kycbs.net/Bankruptcy-Buzzards.htm

www.kycbs.net/Aloha-Air.htm

www.kycbs.net/Hawaiian-Air.htm

www.kycbs.net/BK-Response-1-19-5.htm