Letter to US District Court re: Recusal of Judge Kevin Chang

Bobby N. Harmon, CPCU, ARM

5597 Ness Avenue Tel & Fax No. (702) 222-2137

Las Vegas, NV 89118-2070

February 14, 2005

VIA fax only @ (808) 541-1303

Walter A.Y.H. Chinn, Clerk

United States District Court

300 Ala Moana Blvd., Rm C-338

Honolulu, HI 96850

RE: CV05-00030 DAE KSC - Mary Lou Woo, Trustee v. Bobby N. Harmon

Dear Mr. Chinn:

This is to request that the Court recuse Judge Kevin S.C. Chang from the subject civil case for the following causes:

1. There were a number of underlying court cases in the referenced action which dealt with the termination of Bobby N. Harmon by Kamehameha Schools and its captive insurance company subsidiary, P&C Insurance Company. One of these underlying cases was my Racketeer Influenced & Corrupt Organizations (RICO) lawsuit against the then-trustees of Kamehameha Schools Bishop Estate, Federal Insurance Company, Marsh & McLennan, Inc., the directors and officers of P&C Insurance Company, and others. At the time these cases were being adjudicated, Judge Kevin S.C. Chang was the judge in Attorney General Margery Bronster’s lawsuit to remove the former trustees - EQ2048. I was a named witness, and had given written evidence and testimony to the Attorney General’s office, in that case. One of the undeniable facts to be presented to the court in the subject case is that Trustee Mary Lou Woo had undisclosed conflicts of interests in the bankruptcy case due to her close working relationships with Kamehameha Schools’ attorney in this case, Susan Tius, Esq. of the law firm of Rush Moore Craven Sutton Morry & Beh.

2. One of my arguments in the subject case will also be that there was a conspiracy between Trustee Woo and one or more of Kamehameha Schools’ attorneys for the purpose of obstructing justice in EQ2048, as well as other unsettled lawsuits at that time. One of these lawsuits involved alleged threats against one of Kamehameha Schools’ employees who had told investigators that a secretary for former Trustee Lokelani Lindsey had deleted computer files that were to be subpoenaed in EQ2048.

3. One of the Awards made by Arbitrator Judith Neustadter in the underlying Arbitration case is that “Respondent shall immediately expunge any and all material presently accessible through the www.the-catbird-seat.net website or any other website that is created, owned or otherwise controled [sic] by Respondent which references or otherwise mentions any claim, issue, or allegation related to a Protected Subject Matter. I intend to argue that this Award, as stated, violates my First Amendment Rights of free speech. More importantly with respect to this request for recusal, is the fact that Judge Kevin Chang is mentioned in at least thirteen of the sub-directories for this website, and Judge David Ezra is mentioned in at least six of the sub-directories. I am enclosing two pages generated by a Google search on the web which lists these sub-directories.

4. I currently have a number of outstanding insurance claims against Trustee Mary Lou Woo; Steven Guttman; Island Insurance Company; Marsh & McLennan; Aon Group; Kamehameha Schools; P&C Insurance Company; Torkildson Katz Fonseca Moore & Hetherington; Rush Moore Craven Sutton Morry & Beh; and others, which involve tax fraud, bribery, bid-rigging, racketeering, obstruction of justice, unfair claims practices, and other wrongful acts. One claim, in particular, directly relates to my request for the recusal of Judge Kevin Chang. This is my claim against Island Insurance Company, which can be found on the internet at the following (amended) address:

www.kycbs.net/Claim-Island-2-4-5.htm

Since I have been unable to obtain an attorney in this case, and since my knowledge of the law is very limited, I must rely on simple logic and basic definitions of legal terms in presenting this request for recusal to the Court. The definition I have for “Recusal” comes from Barron’s Dictionary of Legal Terms, and reads 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.

And, since my knowledge of court procedures is also very limited, I must apologize if I have not followed the proper court protocol in presenting this request for recusal. If there are any court forms that I need to file, or if I need to present this request in a formal Motion, then I ask you to please provide me with the necessary forms and instructions to enable me to present this request in a proper manner. Thank you.

Very truly yours,

Bobby N. Harmon

enclosures

cc: Mary Lou Woo, Trustee, c/o Steven Guttman, Esq., Kessner, Duca, et al.

(via fax @ 808-529-7177 and e-mail: sguttman@kdubm.com

Additional Reference (not included in original letter):