Woo vs. Harmon - Witness Judge Eden Elizabeth Hifo

David C. Farmer, Successor-Trustee vs. Harmon

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

U.S. District Court For the District of Hawaii

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DEFENDANT’S WITNESS

JUDGE EDEN ELIZABETH HIFO (fka Bambi Weil)

Judge in the case of Kamehameha Schools, P&C Insurance Co., et al vs. Bobby N. Harmon; law clerk for former Chief Justice William S. Richardson.

First Circuit Court (Oahu)
Ka`ahumanu Hale
777 Punchbowl Street
Honolulu Hi 96813 - 5093

Fax: 808-539-4108

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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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March 3, 1998

BRONSTER PUSHES FOR
HIGH COURT RECUSAL

Justices must recuse themselves to avoid the
appearance of impropriety, she says

By Rick Daysog, Star-Bulletin

State Attorney General Margery Bronster is urging Hawaii Supreme Court justices to act quickly on a motion to recuse themselves from matters involving the Bishop Estate.

In court papers filed yesterday, Bronster renewed calls that the high court recuse itself from estate hearing issues to avoid the appearance of impropriety.

Bronster, who is investigating allegations of financial mismanagement and breaches of fiduciary duties by individual trustees, is examining the trustees selection process.

She said that she may have to subpoena Supreme Court justices who, until recently, had selected Bishop Estate trustees.

"The appearance of impropriety results from the fact that each of the justices has been individually involved in the process of selecting and appointing trustees," Bronster said.

Chief Justice Ronald Moon declined comment yesterday.

But Moon cited Bronster's recusal motion last month when he temporarily suspended a state subpoena seeking estate documents filed with the Internal Revenue Service.

Moon said the temporary stay was needed so the high court or a substitute court could study Bronster's recusal motion.

The state has argued that the IRS documents are critical to its investigation because they could show whether trustees benefited at the expense of the estate.

(A Circuit Court judge ruled in the state's favor, but trust attorneys have appealed the decision to the Supreme Court, saying the IRS records should be confidential.)

In her filing yesterday, Bronster said the Supreme Court has known since August that she is investigating the trustee selection process. She said the high court could have ruled on the state's recusal motion as early as five weeks ago.

"I'm wondering what's taking the justices so long to recuse themselves," said Beadie Kanahele Dawson, attorney for Na Pua a Ke Ali'i Pauahi, which represents students and parents.

"It should be a no-brainer."

In a related matter, a Circuit Court hearing was to be held today on Bronster's request for sanctions against Bishop Estate for allegedly withholding subpoenaed documents. The state claims the estate initially withheld records, which included some $21,000 in estate Visa card charges at local hostess bars and Las Vegas casinos by Milton Holt, a Bishop official and former state senator.

Also, on another issue, Circuit Judge Virginia Crandall yesterday set a Nov. 2 hearing for a petition by estate trustees Gerard Jervis and Oswald Stender to remove fellow trustee Lokelani Lindsey.

Jervis and Stender have argued that Lindsey damaged the administration of the estate and was unfit to serve as trustee. Lindsey has denied the charges, saying she was being made a scapegoat.

Attorneys for Jervis and Stender -- Ronald Sakamoto and Crystal Rose, respectively -- said they pushed for a hearing during the summer when Kamehameha Schools was not in session.

But attorneys for Lindsey said they were unavailable until a later date. Michael Green, an attorney for Lindsey, said he was concerned that his client receives due process and is well-represented.

"It was very disturbing that Mrs. Lindsey, through her attorney, rejected out of hand the needs of the students," Sakamoto and Rose said.

http://starbulletin.com/98/03/03/news/story2.html

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This witness is expected to testify regarding the reasons why she did not disclose her relationship with former Chief Justice William S. Richardson, or recluse herself from hearing the Kamehameha Schools’ lawsuit against Defendant, and from hearing Defendant’s Unemployment Insurance case. Judge Hifo is also expected to testify regarding her business, professional and personal relationships with Kamehameha Schools/Bishop Estate, Judge Kevin Chang, Clyde Matsui, David Fairbanks, Robert Kihune, Ronald Libkuman, Melody MacKenzie, Judge David Ezra, Judge Barry Kurren, Faye Kurren, Ed Case, George Ariyoshi, Robert Wernet, Robert Kihune, Gary Rodrigues, Terrance Tom, Stanley L. Ching, James B. Nicholson, Clayton Hee, Michael Heihre (fka Michael Hare), Roy Hughes, Colbert Matsumoto, John Goemans, Jim Dooley, Rick Daysog, Sally Apgar, Bruce Dunford, Jim Witty, Paul Alston, Lokelani Lindsey, Jack Borja, Rebecca McKenzie-Young, Leslie Osborne, Michael Seabright, Patrick Yim, Gerard Jervis, Oswald Stender, William McCorriston, Nathan Aipa, Colleen Wong, Louanne Kam, Marcia Diver, Laurian Childers, Robert Katz, Matt Tsukazaki, Margery Bronster, Earl Anzai, Hugh Jones, Dorothy Sellers, Marsh & McLennan, Federal Insurance Company (Chubb Group), XL Insurance Co., John Waihee III, Colleen Hanabusa, Judge Ronald Moon, Judge Mario Ramil, James B. Nicholson, David Farmer, and others to be named upon discovery.