David Farmer vs. Harmon - Witness Colleen Hanabusa

David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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DEFENDANT’S WITNESS

COLLEEN HANABUSA

Hawaii State Capitol, Rm 214
415 S. Beretania St.
Honolulu, HI 96813

Fax: 808-586-7797

Email: senhanabusa@Capitol.hawaii.gov

Senate President (D) from the 21^st Senatorial District; Committee member: Judiciary and Hawaiian Affairs (Chair); Energy, Environment & International Affairs; Health.

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NEW DISCOVERY (06-07-09): Re: Undisclosed relationships of Steve Goodfellow, Linda Lingle, Charmaine Tavares, Hawaiian Telcom, Eric Yeaman, Walter Dods, First Hawaiian Bank, Bishop Museum, Timothy Johns, Mark Polivka, Carlyle Group, Sandwich Isles Communications, Robert Kihune, Gil Tam, Bank of Hawaii, Paul Allaire, Lucent Technologies, Judith Neustadter Fuqua, David Farmer, Dan Inouye, Central Pacific Bank, Daniel Akaka, Neil Abercrombie, Norman Mineta, AIG, Aon, Colbert Matsumoto, Island Insurance Co., Roy Hughes, Colleen Hanabusa, Micah Kane, etc.

www.kycbs.net/Goodfellows.htm

www.kycbs.net/Hawaiian-Telcom.htm

www.kycbs.net/SandwichIsles.htm

www.kycbs.net/Lucent.htm

www.kycbs.net/Sandwich-Isles-Lucent-Maui-Co.pdf

http://www.bishopmuseum.org/images/pdf/Annual_report.pdf

www.buildingindustryhawaii.com/0903/BI039_FinanceBonding.pdf

www.hawaii.gov/gov/news/releases/2005/News_Item.2005-07-18.0029

http://www.ttsfo.com/sbcteis/feis/text/13.pdf

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NEW DISCOVERY (10-12-08): More undisclosed relationships between Trustee David Farmer and witnesses Linda Lingle, Calvin Say, Colleen Hanabusa, Dean K. Hirata, Central Pacific Bank, Colbert Matsumoto, Japanese Cultural Center, Eric Martinson, Sanford Murata, Duane Kurisu, Crystal Rose, others....

October 12, 2008

Hawaii legislators to get 36% pay raise

By Richard Borreca, Star-Bulletin

When state legislators head to the Capitol after this year's elections, they will get a 36 percent pay raise.

According to the state Salary Commission, lawmakers are eligible for a raise that takes their pay to $48,708 from $35,900. Legislators also get a legislative allowance that goes up by the same percentage - to $10,200 from $7,500.

In total, all legislators will get an additional $15,508 a year or a total annual increase of $1.17 million more.

"I don't think it is right," says Sen. Sam Slom (R, Hawaii Kai-Diamond Head), who says he has never accepted the expense account funds.

"In these difficult economic times, these increases should be delayed," Slom added. "I had concerns about the entire Salary Commission process. There were no hearings. The Legislature was not responsible for voting on it."

Other legislative leaders say the commission followed the changes that were supported by voters when the state Constitution was amended to permit a single commission to set the pay for judges, state executives and the legislature.

"I am grateful that the taxpayers supported a constitutional amendment that tied the rates of judicial, executive and legislative pay raises," said House Speaker Rep. Calvin Say.

The pay raises were needed, according to Say, because the last raise was in 2005 and before that, it had not been raised in 12 years.

"Today's increase will be beneficial for all legislators who are full-time legislators," Say said. "The raises will let them afford their rents, utilities and everything else that has gone up in price."

Senate President Colleen Hanabusa said Slom or any other legislator can introduce legislation next year to block the pay raise, but until then it will start in 2009.

"I believe they (Salary Commission members) have done their assessment as to what is proper payment and we should abide by it," Hanabusa said.

Both the Senate president and speaker of the House will get a pay differential, raising their pay to $56,208 from $43,400.

The Salary Commission recommendations took effect last year. The Legislature was not required to give a final approval because the raises went into effect unless the lawmakers actively voted to kill them.

In reaching its decision to increase lawmakers' pay, the Salary Commission noted that legislators have many demands that "restrict the ability of Legislature to supplement their salary with a profession, business or other employment."

In the future, the commission said, if pay isn't raised, it "may limit the number of qualified individuals willing to serve as state legislators."

In this election, even with the coming pay raise, 22 legislative seats were uncontested, with only the incumbent running.

The money for legislative salaries comes from the state budget, so the state Department of Accounting and General Services issues that check. But the expense allowance comes from the Legislature's own budget, so the House and Senate will have to adjust their budget for that extra expense of $205,200.

Say and Hanabusa said they have already started to discuss the budget for the 2009 session and will also go along with Gov. Linda Lingle's request that all state spending be trimmed by at least 4 percent.

Say said the Legislature would "follow the governor's lead.”

Honolulu Star-Bulletin

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The Whistler

Reply »

Anyone know the names of the pay pals on the State Salary Commission who recommended these raises for their legislative cronies?

Take a look at these pages for some possibilities:

http://archives.starbulletin.com/2002/12/21/n...

http://www.kycbs.net/CV05-00030-Witness-Say-C...

http://www.kycbs.net/CV05-00030-Witness-Hanab...

http://www.kycbs.net/CV05-00030-Witness-Lingl...

Politicians who prey together, stick together!

Topix Forum, Honolulu Star-Bulletin

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NEW DISCOVERY (03/10/08):

March 10, 2008

Replacing top judge is Lingle’s jurisdiction

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

By Ken Kobayashi, Star-Bulletin

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.

BETS ARE ON BENNETT

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.

"I think people are watching because they have concerns," she said.

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.

SAME-SEX SHUTDOWN

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.

http://starbulletin.com/2008/03/10/news/story03.html

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Judicial Selection Commission

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)

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JAIL 4 JUDGES

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.

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

~ Lord Acton, in a letter to Bishop Mandell Creighton, 1887.

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http://www.jail4judges.org/

Email (National Center): VictoryUSA@jail4judges.org

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HAWAII CHAPTER

http://www.jail4judges.org/state_chapters/hi/index.html

Email (Hawaii): molokaiman@flex.com

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October 10, 2007

Ruling boxes in Superferry

A judge prohibits service to Maui, prompting Gov. Lingle and lawmakers to seek a special session

By Richard Borreca, Star-Bulletin

The debate over the Hawaii Superferry appears headed for the state Capitol.

Political leaders are huddling to see whether they have the support to change environmental laws to let the Superferry operate after a Circuit Court judge blocked the service to Maui.

Gov. Linda Lingle is urging House Speaker Calvin Say and Senate President Colleen Hanabusa to act soon because the Superferry company will have to start laying off employees in three weeks.

Maui Judge Joseph Cardoza yesterday blocked the Superferry from using Kahului Harbor facilities without an environmental assessment.

Superferry officials said they were disappointed for the employees and for Hawaii. Their attorney said they planned to appeal the decision.

Sierra Club attorney Isaac Hall said he is sorry the Superferry is losing money but said the company and the state were warned several years ago that they had to perform an environmental assessment.

Cardoza's decision was applauded by residents opposing Superferry stops on Kauai until an environmental study is done. The decision doesn't affect Kauai's Nawiliwili Harbor. But Superferry officials have said the company wouldn't make enough money by going only between Oahu and Kauai.

http://starbulletin.com/2007/10/10/news/story01.html

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October 10, 2007

Environmentalists cheer court

Superferry's attorney signals an intent to appeal the ruling

By Gary T. Kubota and Nelson Daranciang, Star-Bulletin

Kauai residents pushing for an environmental review of the Hawaii Superferry for the Garden Island are thrilled with Maui Circuit Judge Joseph Cardoza's decision.

"This is a victory for all people who believe an environmental assessment should be done before the Superferry can operate," said Jimmy Trujillo, spokesman for Hui-R, the group that organized the protest of the Superferry's maiden voyage to Kauai in August.

But Superferry officials were disappointed yesterday, and Superferry attorney Lisa Munger said her client planned to appeal Cardoza's decision.

Superferry President and Chief Executive Officer John Garibaldi said: "Obviously, we are disappointed. While the ruling is a loss for Hawaii Superferry and our employees, it is a greater loss for the state of Hawaii."

Garibaldi declined to respond to questions after the Maui court hearing.

Cardoza's ruling affects Superferry travel to Kahului Harbor and does not affect Nawiliwili Harbor on Kauai.

Superferry managers have chosen not to operate on Kauai even though there is no legal obstacle. Circuit Judge Randal Valenciano ruled on Kauai last month that opponents failed to file a timely challenge after the state exempted the Superferry from having to do an environmental assessment.

"We're proceeding with our appeal," said Greg Meyers, an attorney for Thousand Friends of Kauai. "We expect the state and the Superferry to appeal Judge Cardoza's ruling. We don't know what they're going to do. We aim to be prepared."

Besides blocking Superferry operations at Kahului Harbor, Cardoza also declared that an operating agreement between the Superferry and state transportation officials was void.

State law requires an environmental assessment before the operation can start and he was compelled to apply Hawaii law as it is written, the judge said.

Cardoza said the Hawaii Supreme Court had already ruled on the merits of the case by ordering that an environmental assessment be done and that he was following the system of environmental review as required by state law.

Cardoza said the decision should not be looked at as a moment of joy but a time for all to bridge divisions. "If we don't work out these issues, things will not get better," he said.

Garibaldi has said the company would have to transfer the Alakai out of Hawaii if it is allowed to operate only to Kauai.

Superferry officials also have mentioned the possibility of laying off 90 percent of the employees during the environmental review process.

Isaac Hall, representing the Sierra Club and other citizens' groups in the Maui case, said he hoped the Superferry does not leave Hawaii and lay off its employees.

Hall said he was sorry that there will be economic harm to the Superferry but that the interisland service and the state were warned years ago about preparing an environmental assessment.

"The message to the state is, 'Don't abuse the exemption process,” Hall said.

He said state transportation officials should do a broader study that requires an environmental impact statement and might take one to two years, compared with an assessment that takes about eight months.

Keone Kealoha of Malama Kauai does not expect the Superferry to return to Nawiliwili Harbor until after state lawmakers meet in special session -- if they decide to do so.

http://starbulletin.com/2007/10/10/news/story01.html

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March 17, 2007

Controversial judge gets OK

Lobbying helps confirmation of Glenn Kim

By Richard Borreca, Star-Bulletin

The state has two new judges now that the Senate confirmed Mark Recktenwald as chief judge of the Intermediate Court of Appeals and Glenn Kim to the Oahu Circuit Court.

Kim survived a 16-9 vote with both Sen. Clayton Hee, Judiciary Committee chairman, and Senate President Colleen Hanabusa voting against the 14-year veteran deputy city prosecutor.

Kim's nomination became controversial after two former deputy prosecutors said Kim was abusive and disrespectful.

Although Kim had the support of Honolulu Prosecutor Peter Carlisle and Gov. Linda Lingle, Hee said he had doubts about Kim's judicial temperament.

In 2004 the Senate rejected Ted Hong as a Big Island Circuit Court judge on a 13-12 vote, after saying that he also lacked proper judicial temperament.

In the Hong case, however, the Hawaii Bar Association had given him a negative recommendation. Kim was rated qualified by the legal group.

Recktenwald, a former deputy federal attorney and the current state Department of Commerce and Consumer Affairs director, was confirmed without opposition.

Recktenwald takes over from James Burns as chief judge of the Intermediate Court of Appeals, the state's second-highest court.

Lobbying helps confirmation

Sen. Clayton Hee says it was his toughest decision, recommending the rejection of deputy city prosecutor Glenn Kim as a Circuit Court judge.

But for Republican Gov. Linda Lingle, it was one of her toughest fights as she maneuvered the nomination through the Senate's partisan minefield.

Hee (D, Kahuku-Kaneohe) lost his fight as the Senate voted 16-9 to confirm Kim.

"Being local, it is tough for us to be in opposition to local people," Hee said in an interview after the vote. "We have that aloha in each of us. It is hard to be different. And I have aloha for Mr. Kim."

Hee insisted that while Kim, 57, had a spectacular resume -- serving in Vietnam, winning the Bronze Star, earning two degrees from Harvard, graduating at the top of his law school class and working 14 years as a deputy Honolulu prosecutor -- his relationships with people were flawed.

Two former deputy prosecutors told Hee's Judiciary Committee that Kim was demeaning, disrespectful and abusive.

Kim told Hee that he denied those charges, which led Hee to say during a 25-minute floor speech that Kim was saying that the women were lying to the committee.

"It is for the nominee to prove his worthiness," Hee said.

But Lingle and city Prosecutor Peter Carlisle had been working their own lobbying campaigns.

Thursday evening, Lingle, Carlisle and Bob Awana, Lingle's chief of staff, went separately door to door to ask senators for their support.

At the same time, senators were getting e-mail in support of Kim. Former state Sen. Russell Blair, who was a former deputy prosecutor and had worked with Kim, e-mailed his support, even though Blair is now living in California.

"Glenn's resume is backed up by his personal qualities. He is bright, hard-working, honorable, generous and is called to public service," Blair said.

Also supporting Kim were Democrats who had not sided with Hee and Senate President Colleen Hanabusa during the Senate reorganization last year.

Former Senate President Robert Bunda, for instance, helped line up votes for Kim.

Sen. Ron Menor, who had supported Bunda in past Senate organizations, said the vote also showed that Democratic politics was changing and that senators felt free to vote against the recommendations of a committee chairman.

"This would have never happened in the past," Menor said.

Hanabusa, who voted against Kim, discounted that assertion. "The Senate has been all over the place," she said. "The votes are just the votes."

http://starbulletin.com/2007/03/17/news/story01.html ~ ~ ~

This witness is expected to testify regarding her business, professional, political and personal relationships with Richard Wong; Henry Peters; Jeff Stone; Kevin Showe; Ko Olina Partners; Kamehameha Schools/Bishop Estate; Robert Kihune; Gilbert Tam; Sandwich Isles Communications; Clayton Hee; Al Hee; Summit Communications; Mary Lou Woo; Steven Guttman; Office of Hawaiian Affairs (OHA); Haunani Apoliona; Oswald Stender; Dee Jay Mailer; Hawaiian Electric Company; Edwina Clarke; Nathan Aipa; Colleen Wong; Namlyn Snow; Margery Bronster; Earl Anzai; Lyn Anzai; Linda Lingle; Robert Awana; Unity House; Tony Rutledge; Anthony Pounders; Michael Green; Arlene Ilae; David M. Louie, Roeca, Louie & Hiraoka, LLP; Sheriff John F. Souza, III; Clyde Kaneshiro; Honolulu Disposal Services; Waste Management, Inc; Stanley Hong; Robert Katz; Campbell Estate; Carlyle Group; Fred Anawati; Marisco, Ltd.; Norman Mineta; The Carlyle Group; Stanford Carr; Peter Savio; Walter Dods, Jr.; Bert Kobayashi; Leighton Mau; Steven Nakashima; Marr Hipp Jones & Pepper; Puco Trucking; Armstrong Builders; Centex Homes; The Weinberg Foundation; Ed Case; Steve Case; Jeffrey Case; Aon Insurance; Suzanne Case; The Nature Conservancy; The Starr Foundation; Faye Kurren; Judges Barry Kurren, Kevin Chang, David Ezra, Lloyd King, Robert Faris; Paul Alston; Rocco Sansone; Marsh & McLennan, Inc.; Robin Campaniano; AIG Hawaii; Colbert Matsumoto; Bishop Museum; Mark Polivka; John Waihee; Ben Cayetano; Gary Rodrigues; Dan Inouye; Daniel Akaka, Todd Apo, Sabrina Toma, Michael Nauyokas, Judge Colleen Hirai, Judge Alan Kay, Judge Michael Town, Judge James Duffy, Judge Alan Kay, Judge Michael Seabright, and others to be named upon discovery.