Office of U.S. Trustee vs. Harmon - Witness Peter Carlisle

Peter Carlisle is the Honolulu Prosecuting Attorney, and the recipient of copies of many of the letters in my alleged “offensive letter-writing campaign”. This witness is expected to testify regarding what actions were taken in response to my letter to him dated May 28, 2004, and if none were taken, to explain why not.

Gov. Lingle will pick the next chief justice unless
the people alter the Constitution

Gov. Linda Lingle says she wants the next chief justice of the Hawaii Supreme Court to be a hard-working legal scholar who will not legislate from the bench.

Candidates would not be favored if they were prosecutors, "but it wouldn't hurt their chances, either," the Republican governor said in a recent interview with the Star-Bulletin.

Although Attorney General Mark Bennett has been mentioned in legal circles as a top contender, the governor said it is too early to mention any names.

But in explaining the qualities she would like to see in judges, Lingle made clear that she believes they should interpret laws and leave legislation to elected officials.

Her remarks suggest that her appointment of the state's next chief justice could be monumental for the five-member high court. Known for a long tradition of rendering "activist" decisions, the court has been hailed by civil rights advocates but criticized by others as going beyond reviewing and applying the laws.

Lingle's appointment would be the first time that a Republican governor would name a chief justice in more than 40 years. Democratic Gov. John Burns appointed William Richardson in 1966, and Democratic governors appointed the next two: Herman Lum and the current chief justice, Ronald Moon.

The only way Lingle would be prevented from making the appointment is if state lawmakers place on this fall's ballot -- and voters approve -- a proposed constitutional amendment to lift the mandatory retirement for judges who turn 70.

Unless the state Constitution is amended, Moon must retire when he turns 70 on Sept. 4, 2010, about three months before Lingle's term expires.

The state Senate approved a controversial measure last week that raises the mandatory retirement age to 80, and sent the proposal to the state House. But key senators acknowledge that it will be difficult for the amendment to pass because voters rejected a similar proposal in 2006 that eliminated the mandatory retirement provision. Voters rejected the amendment by 80,000 votes, 58 percent to 35 percent.

"It's an uphill battle," said Sen. Brian Taniguchi, Senate judiciary chairman. "I'm not going to die if the bill dies."

Senate President Colleen Hanabusa agreed with the prognosis. "I'm not sure it will make it out of the Legislature because we just put it on the ballot," she said.

Taniguchi maintained that he views the proposal as a civil rights issue against age discrimination and a "compromise" by retaining the retirement age but raising it to 80.

Opponents, including Lingle, contend the measure is aimed at preventing her from naming the next chief justice.

Bennett and City Prosecutor Peter Carlisle, who opposed the 2006 proposal, submitted testimony in opposition to the current measure before Taniguchi's committee last month.

The proposal's supporters include the Hawaii Government Employees Association and the Japanese American Citizens League.

Republican Sen. Fred Hemmings, who voted against the measure last week, said in an interview that the proposal was "petty politics at its worst."

"I think they (Democrats) will try to do whatever they can to put it on the ballot," he said.

Taniguchi said he believes Moon is doing an "all-right job," but said the motivation behind the measure is not to keep him as chief justice. The senator noted that Moon was a Republican before he got to the bench.

The speculation that Bennett will be Lingle's choice has been fueled by his role as a trusted adviser to the governor. In addition, his was one of three names Lingle submitted to the White House for a lifetime tenure as a U.S. district judge here. In 2005, President Bush chose Michael Seabright, now a federal judge, from the list.

The speculation prompted Taniguchi to ask Bennett at last month's hearing about the chief justice's job.

In an interview, Bennett gave the same answer he gave to the senator: If the job somehow opened up now, he would not apply for it.

"My plans right now are, when I'm done as attorney general, to return to private practice and/or teach," he said. "But I would not even begin to speculate about what my feelings might be in two years."

Lingle's appointment would be subject to Senate approval. The Democratic-dominated Senate has rejected some of her appointments, including Ted Hong to the Circuit Court and Randal Lee to the Intermediate Court of Appeals.

But if Lingle gets the names for Moon's replacement early in 2010 and her appointment is rejected, she would be able to name another person from a list of four to six names submitted by the Judicial Selection Commission.

If the Senate rejects all of her choices, the commission would chose the chief justice from its list, according to the state Constitution. The commission's selection would not be subject to Senate approval.

Hanabusa said "it's almost positive" that Bennett will be appointed by the governor. She said one of the criticisms is that he is sometimes almost "overzealous" in representing the administration over the legislative and judicial branches. Hanabusa cited his efforts against the mandatory retirement amendment that was placed before the voters by the Legislature in 2006.

Hemmings, however, said he is a "big fan" of Bennett and applauded him for his work with prosecutors and police in pushing for legislation. "It's hard to deny his success and record," Hemmings said.

Another name mentioned is Mark Recktenwald, a former assistant U.S. attorney who was Lingle's director of the Department of Commerce and Consumer Affairs before the governor named him chief judge of the Intermediate Court of Appeals last year.

Hanabusa said Recktenwald is considered a good administrator and would have support, but indicated senators might wait to see how he does as the chief appeals court judge.

Recktenwald said he has been chief judge for only about 10 months and is focused on doing a good job. "I haven't given consideration to anything else," he said.

Lingle's appointment would oversee a Hawaii Supreme Court whose history includes expanding the public's rights to beaches and surface waters; recognizing the rights of native Hawaiians go onto private property for traditional religious and food gathering practices; and striking down laws the court believed infringed on the rights of criminal defendants.

In its landmark and highly controversial case, the high court issued a 1993 decision that paved the way for same-sex marriages in Hawaii. That ruling prompted state lawmakers to complain that the court was creating new law, and it led to a constitutional amendment that essentially negated the ruling.

"I continue to try to reflect what the public would like to see in a judiciary, and that is a judiciary that really interprets the laws that elected people pass rather than try to make law as a judge from the bench," Lingle said.

Lingle notes that unlike the three previous Democratic governors, she is not a lawyer who might be familiar with judicial candidates. She suggests that helps bring a fresh prospective to her judicial appointments.

Because her appointments are for 10-year terms, the judges Lingle has selected -- and will select -- will remain on the bench for years after she leaves office.

Lingle said she wants her legacy to be that the courts will be a place where people "get a fair shake."

"I think the very highest achievement you can have for a judiciary is that the average citizen of a state or of a country will get fair treatment no matter who they are," she said.

The Judicial Selection Commission reviews and evaluates applications for all judicial vacancies, and vote, by secret ballot, to select qualified nominees. Established by a 1978 state constitutional amendment, the Commission is governed by the Judicial Selection Commission Rules.

The names of the nominees are then forwarded to the appropriate appointing authority. The governor is the appointing authority to nominate judges of the Supreme Court, Intermediate Court of Appeals, and Circuit Court for an initial ten-year term. The governor selects appointees from a list of not less than four and not more than six names submitted by the Judicial Selection Commission. The commission submits a list of at least six names to the chief justice who nominates judges for district and district family court to six-year terms. All nominations are subject to confirmation by the state senate.

The Commission also determines whether a justice or judge shall be retained in office. The Commission publicizes the fact that a justice or judge is seeking retention so that all persons who might have an interest in the matter be informed of the opportunity to comment.

Comments about justices and judges seeking appointment or retention should be submitted to:

Contact Information:
Judicial Selection Commission
417 South King Street
Honolulu, Hawai`i 96813-2902
Telephone: (808) 538-5200

The Commission is composed of nine members, no more than four of whom may be lawyers. The members, who serve staggered six-year terms, are selected or elected as follows:

Chairperson
Rosemary T. Fazio	Chairperson
Philip Hellreich	Vice-Chairperson
Shelton G.W. Jim On	Secretary

Member	Term	Appointing/Electing Authority
Susan Ichinose	04/02/07 - 04/01/13	(Bar)
Frederick Okumura	04/02/07 - 04/01/13	(CJ)
Melvin I.Chiba	04/02/02 - 04/01/08	(Senate)
Rosemary T. Fazio	04/02/03 - 04/01/09	(Bar)
Thomas Fujikawa	04/02/03 - 04/01/09	(House)
Philip Hellreich	04/02/03 - 04/01/09	(Governor)
Shelton G.W. Jim On	04/02/05 - 04/01/11	(Governor)
Ralph R. LaFountaine	04/02/05 - 04/01/11	(House)
Sheri N. Sakamoto	04/02/05 - 04/01/11	(Senate)
Frederick T. Okumura	04/02/07 - 04/01/13	(CJ)

The Judicial Accountability Initiative Law, J.A.I.L., is a single-issue national grassroots organization designed to end the rampant and pervasive judicial corruption in the legal system of the United States. J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn't, resulting in the judiciary's arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

After his son was killed by a mobster in 1975, Charles F. Marsland Jr. turned the murder into inspiration to fight organized crime.

As Honolulu's first elected prosecuting attorney, he relentlessly battled mobsters and killers, significantly reducing the island's crime rates, his friends and fellow prosecutors said.

Marsland died yesterday on his 84th birthday. A third-generation kamaaina, he is credited with transforming the Honolulu prosecutor's office.

"He was neighborhood watch before neighborhood watch came along," said neighbor and Honolulu attorney Tom Dunn, describing Marsland's commitment to keeping even his neighbors safe.

Charles F. Marsland Jr., an outspoken and gruff Honolulu city prosecutor who turned a family tragedy into something positive by striking out against organized crime, died yesterday on his 84th birthday.

Marsland, who was suffering from an unspecified illness, died peacefully at his Portlock home, surrounded by longtime companion Polly Grigg, friends and caregivers.

Marsland served for two four-year terms, from 1981 to 1988, and changed the face of the Honolulu Prosecutors Office, said deputies that served under him.

"He was a great person to work for because he had a tremendous amount of faith in his deputy prosecutors," said Lt. Gov. James "Duke" Aiona, who served as a deputy prosecutor under Marsland. "As such he transformed the Honolulu Prosecutors Office to what it is today: an office built and sustained on integrity and fairness."

Marsland's passion for fighting organized crime was motivated by the April 1975 murder of his 19-year-old son, Charles "Chuckers" Marsland III, whose body was found in Waimanalo.

Marsland was haunted by the murder and believed his son heard something at his job at the Infinity disco that led to his death. Underworld figure Ronald Kainalu Ching later pleaded guilty to shooting Chuckers Marsland.

"The murder of his son influenced him to take on the job as Honolulu's first elected prosecuting attorney, and it turned into an immense benefit for his home state," said Honolulu Prosecutor Peter Carlisle of his mentor and friend.

Marsland started the first felony narcotics unit and white-collar crime unit -- specialized prosecution units that worked closely with Honolulu police.

Carlisle said he owes Marsland for being in Hawaii and becoming a city prosecutor. Former Honolulu Police Chief Francis Keala hired Carlisle as an HPD law clerk assigned to Marsland. "He was my mentor, my friend, the reason why I'm prosecuting attorney today."

He was Marsland's first "bag boy" during a period when significant criminal cases were happening, including the Nappy Pulawa state trials and the first murder-for-hire case, Carlisle said.

He can still recall one day when he and his mentor were cutting through Iolani Palace grounds to the courthouse to do battle with organized crime when Marsland told him, "Pete, this is getting to be fun."

"Crime rates were dealt a blow that it never recovered from," Carlisle said, crediting Marsland for putting a big dent in crime.

A third-generation kamaaina, Hawaii ran 100 percent in Marsland's blood, Carlisle said. Marsland was knowledgeable about Hawaii and its people and an incredible source of information about old Hawaii before statehood.

After losing a bid for a third term, the private Marsland faded into a life of quiet retirement and mellowed in his later years, according to Grigg, who had known him since 1967.

His beautiful smile is what she will miss most about him, she said. "He was very dear to me."

While criminals, judges and defense attorneys saw his tough side, close friends and neighbors saw the soft side.

He was devoted to his late mother and visited his son's grave at Punchbowl almost daily since the 19-year-old was killed in 1975, Carlisle said.

"As a father, I don't know how he was able to go on, but he lived with it and kept going -- didn't let it stop him -- and in going forward, it was his way of honoring his son," he said.

A doting pet owner, Marsland's neighbors would see him walking his dogs two or three times a day when he was still mobile.

Neighbor and Honolulu attorney Tom Dunn often joined Marsland on his early-morning or evening walks, with their dogs tagging along. Marsland, Dunn said, was always the lawman, looking out for others....

"He was neighborhood watch before neighborhood watch came along," Dunn said. "He cared about people and how people lived. He cared about their safety, and not just professionally, but individually."

Big Island attorney Ted Hong, a former deputy prosecutor under Marsland, described his former boss as "one of the first people who shook the trees of heaven -- the powers that be."

"He really went after people who were abusing and misusing the political system, one of the first to really go after these guys, and it really set the pace for what the office would become today."

The strongest legacy Marsland left behind was to be a strong advocate for clients, especially victims, Hong said. Marsland imbued in his deputies a "no-fear type of attitude."

"We represent the people, and you go in there and do the best job possible -- be aggressive but an ethical lawyer," Hong said.