Woo vs. Harmon - Witness Judge Eden Elizabeth Hifo

THE UNITED STATES DEPARTMENT OF JUSTICE

OFFICE OF THE U.S. TRUSTEE

David C. Farmer, Successor Trustee
vs.
Bobby N. Harmon

(Formerly Mary Lou Woo vs. Harmon and James Nicholson vs. Harmon)

CV05-00030 DAE/KSC

United States District Court, District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

~ ~ ~

JUDGE EDEN ELIZABETH HIFO (fka Bambi Weil)

Eden Elizabeth Hifo was a 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, who was a defendant in Harmon’s RICO lawsuit and a signatory to the Settlement Agreement.

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

Fax: 808-539-4108

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NEW DISCOVERY (12-22-09): More evidence of bias and undisclosed conflicts of interest of Judge Eden Elizabeth Hifo (fka Bambi Weil) with Gov. John Waihee, Judge William S. Richardson, Judge Colleen Hirai, Judge Kevin Chang, Judge David Ezra, etc:

JUDGES HIFO, HIRAI TO STEP DOWN

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IMPORTANT DOCUMENTS AUTHORED BY DEFENDANT’S ATTORNEY AND WITNESS, JOHN GOEMANS, WHO PASSED AWAY ON JUNE 15, 2009:

www.kycbs.net/KSBE-vs-BNH-Goemans-Free-Speech.pdf

www.kycbs.net/Goemans-to-Weil-12-1-97.pdf

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A Sighting from The Catbird Seat

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"IMPORTANT DOCUMENTS AUTHORED BY DEFENDANT'S ATTORNEY, JOHN GOEMANS, ESQ (DECEASED)" - (Exhibits in CV05-00030 - U S Dept of Justice vs Harmon)

Sunday, July 5, 2009 8:37 PM

From:

Bobby N. Harmon, CPCU

To:

"President Barack Obama" <president@whitehouse.gov>, "U.S. Attorney General Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>, "Judge David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Judge Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Judge Barry M. Kurren" <tammy_kimura@hid.uscourts.gov>, "Securities & Exchange Commission Enforcement Division" <enforcement@sec.gov>, "U.S. Treasury Dept. Office of Inspector General" <hotline@oig.treas.gov>, "Office of Inspector General US Dept of Justice" <oig.hotline@usdoj.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Judge Robert Faris" <hib@hib.uscourts.gov>, "SEC Office of The Inspector General" <oig@sec.gov>, "Hawaii State Bar Association" <info@hsba.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Mark Bennett" <hawaiiag@hawaii.gov>, "American Arbitration Association" <webcase@adr.org>, "Judith Neustadter" <Judy@tiki.net>, "Benjamin J. Cayetano" <bjcayetano@aol.com>, "Lokelani Lindsey" <lindseyl001@hawaii.rr.com>, "ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arthur Rath" <imua@spamarrest.com>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Hurd" <mcp@mediatehawaii.org>, "David Shapiro" <volcanicash@gmail.com>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judson Witham" <jurisnot2@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Nathan Aipa" <nathan@pitluck.com>, "Paul Alston" <palston@ahfi.com>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Laura Thielen" <dlnr@hawaii.gov>, "Vaughn & Lynda Robinson" <ronpaulslcutah@yahoo.com>, "Rebecca Christie" <rchristie4@bloomberg.net>, "Catbird" <the-catbird@hotmail.com>, "James Duca" <jduca@kdubm.com>, "Ian Lind" <diary@ilind.net>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <mc@whistleblowers.org>, "Laser Haas" <laserhaas@msn.com>, "Lucy Komisar" <lkomisar@msn.com>, "Democrats.com" <activist@democrats.com>, "Debra Sweet" <debrasweet@worldcantwait.org>, "Jane Kirtley" <kirt001@umn.edu>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <yberard@star-telegram.com>, "Global Exchange" <communications@globalexchange.org>, "William K. Black" <blackw@umkc.edu>, "Carole Williams" <cjwms@up.net>, "Susan Tius" <STius@rmhawaii.com>, "Human Rights in China" <hrichina@hrichina.org>, "Michelle Malkin" <writemalkin@gmail.com>, "Phil J. Berg" <philjberg@obamacrimes.com>, "Amnesty International U.S.A." <aimember@aiusa.org>, "Michael Moore" <bailout@michaelmoore.com>, "California Anti-SLAPP Project" <info@casp.net>, "Thomas Fitton" <info@judicialwatch.org>, "Ron Branson" <VictoryUSA@jail4judges.org>, "ACLU of Kentucky" <info@aclu-ky.org>, "ACLU Online" <ACLUOnline@aclu.org>, "Louanne Kam" <lokam@ksbe.edu>, "Paul Kiel" <paul.kiel@propublica.org>, "Fiona Tarazi" <Fiona.Tarazi@propublica.org>

References:

www.kycbs.net/KSBE-vs-BNH-Goemans-Free-Speech.pdf
www.kycbs.net/Goemans-to-Weil-12-1-97.pdf

July 5, 2009

Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, Ms. Neustadter, Judge Kevin Chang, Judge David Ezra, and All Concerned:

I refer you to the referenced Exhibits as they directly relate to this lawsuit which violates my constitutional rights of Free Speech and a Fair Trial, and Federal and State Anti-SLAPP statutes.

Related information can be found on-line in the following witness profiles:

http://www.kycbs.net/CV05-00030-Witness-Goemans-John.htm

http://www.kycbs.net/CV05-00030-Witness-Hifo-Eden.htm

Mr. Farmer and Mr. Guttman, in spite of all this factual evidence (not just "political opinions" or "conspiracy theories" as you have previously alleged), I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.

However, if you and your insurance carriers are still not willing to attempt to negotiate or mediate settlement in these cases, then I ask that you perform your mandated review of these two Exhibits in accordance with Judge Ezra's Order, and advise me, whether or not, you find that they are relevant and if they contain any so-called "protected subject matter".

I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "PSM" in these updated pages, and that you will NOT file any objections to my Motion.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

Additional References:

http://www.kycbs.net/

http://www.kycbs.net/Apartheid-Hawaii.htm

http://www.kycbs.net/BH-CHRON-88-96.htm

http://www.kycbs.net/BH-CHRON-97-99.htm

http://www.kycbs.net/BH-Settlement-Chronology.htm

http://www.kycbs.net/Broken-Trust-Book.htm

http://www.kycbs.net/Confessions.htm

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

http://www.kycbs.net/Freedom-To-Sing.htm

http://www.kycbs.net/HarmonArbitration.htm

http://www.kycbs.net/JUSTICE.htm

http://www.kycbs.net/Lost-Generations.htm

http://www.kycbs.net/RICO-in-Paradise.htm

http://www.kycbs.net/SLAPP.htm

http://www.kycbs.net/Whistler.htm

http://voy.com/129276/

http://whistlersongs.blogspot.com

http://www.zoominfo.com/Search/ReferencesView.aspx?PersonID=912950374

http://www.kycbs.net/Exhibit-7-5-9-Goemans-Documents.htm

* * * * *

GOOGLING FOR JUDGES

* * * * *

GOOGLING FOR JUDGE EDEN HIFO’S CONFLICTS OF INTEREST

* * * * *

THE CATBIRD’S NEST

TRACKING THE TRUSTEES!

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NEW DISCOVERY (04-01-09): More undisclosed conflicts of interests between Judges David Ezra, Kevin Chang, Eden Elizabeth Hifo, Barry Kurren and Nathan Aipa, Henry Peters, etc.:

CV05-00030 - U.S. Department of Justice, Office of the U.S. Trustee, David C. Farmer, Trustee vs. Bobby N. Harmon-Exhibit: "Ex-trustee Peters sues trust's former counsel" & Witnesses: Henry Peters, Nathan Aipa, etc.

Wednesday, April 1, 2009 2:58 PM

From:

Bobby N. Harmon

To:

"Barack H. Obama" <info@barackobama.com>, "Eric Holder" <AskDOJ@usdoj.gov>, "David Farmer" <farmerd001@hawaii.rr.com>, "Steven Guttman" <sguttman@kdubm.com>, "Carol K. Muranaka" <ustp.region15@usdoj.gov>, "David A. Ezra" <theresa_lam@hid.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Kevin S.C. Chang" <shari_afuso@hid.uscourts.gov>, "Barry M. Kurren" <tammy_kimura@hid.uscourts.gov>, "Securities & Exchange Commission Enforcement Division" <enforcement@sec.gov>, "U.S. Treasury Dept. Office of Inspector General" <hotline@oig.treas.gov>, "Office of Inspector General US Dept of Justice" <oig.hotline@usdoj.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Robert Faris" <hib@hib.uscourts.gov>, "Anthony Romero" <Executive_director@aclu.org>, "ACLU of Kentucky" <info@aclu-ky.org>, "Electronic Freedom Foundation" <information@eff.org>, "Public Citizen" <publiccitizen@mail.democracyinaction.org>, "Thomas Fitton" <info@judicialwatch.org>, "SEC Office of The Inspector General" <oig@sec.gov>

Cc:

"ACLU Hawaii" <office@acluhawaii.org>, "All Representatives" <reps@Capitol.hawaii.gov>, "All Senators" <sens@Capitol.hawaii.gov>, "Andrew Walden" <hfpeditor@email.com>, "Aon Insurance Managers" <mike_coulter@agl.aon.com>, "Arthur Rath" <imua@spamarrest.com>, "Benjamin Kudo" <bkudo@imanakakudo.com>, "Bradley Tamm" <btamm@hawaii.rr.com>, "Carl Morton" <ethics@hawaiiethics.org>, "Charles Goodwin" <HONOLULU@FBI.GOV>, "Charles Hurd" <mcp@mediatehawaii.org>, "David Shapiro" <volcanicash@gmail.com>, "Dee Jay Mailer" <ksinfo@ksbe.edu>, "Dorothy Sellers" <hawaiiag@hawaii.gov>, "Executive Office for U.S. Trustees" <ustrustee.program@usdoj.gov>, "Hugh Jones" <hugh.r.jones@hawaii.gov>, "Insurance Division Fraud Branch" <insfraud@dcca.hawaii.gov>, "J C Shannon" <Hapa1234@aol.com>, "James B Nicholson" <jamesbnicholson@aol.com>, "James B. Farris" <Farrisj@adr.org>, "James Cribley" <jcribley@caselombardi.com>, "James Wriston" <jwriston@awlaw.com>, "Jeffrey Watanabe" <jwatanabe@wik.com>, "Jim Dooley" <jdooley@honoluluadvertiser.com>, "Jo Ann Uchida" <rico@dcca.hawaii.gov>, "Joe Moore" <news@khon2.com>, "John D. Finnegan" <info@chubb.com>, "John Goemans" <wip@kamuela.com>, "Judge Lloyd King" <hib@hib.uscourts.gov>, "Judith Neustadter" <Judy@tiki.net>, "Judson Witham" <jurisnot2@yahoo.com>, "Ken Conklin" <ken_conklin@yahoo.com>, "Kenneth Hipp" <khipp@marrhipp.com>, "Lawrence Reifurth" <dcca@dcca.hawaii.gov>, "Linda Lingle" <governor.lingle@hawaii.gov>, "Lyn Flanigan Anzai" <lflanigan@hsba.org>, "Margery Bronster" <info@bchlaw.net>, "Marsh Affinity Group" <prosecure@marshpm.com>, "Michael N. Tanoue" <mtanoue@paclawgroup.com>, "Michelle Tucker" <michelle@sterlingandtucker.com>, "Nathan Aipa" <nathan@pitluck.com>, "Office of Inspector General Civil Rights Complaints" <inspector.general@usdoj.gov>, "Office of the U.S. Trustee District of Hawaii" <ustp.region15@usdoj.goV>, "Paul Alston" <palston@ahfi.com>, "Randall Roth" <rroth@hawaii.edu>, "Rick Daysog" <rdaysog@honoluluadvertiser.com>, "Robert Bruce Graham" <bgraham@awlaw.com>, "Robin Campaniano" <aigh001@aighawaii.com>, "Samuel P. King" <leslie_sai@hid.uscourts.gov>, "Susan Tius" <STius@rmhawaii.com>, "William K Slate" <Websitemail@adr.org>, "Jim Terrack" <tnthawaii@aol.com>, "Don Michak" <dmichak@journalinquirer.com>, "Rocco Sansone" <rocco.c.sansone@marsh.com>, "Ted Pettit" <tpettit@caselombardi.com>, "Mark Burch" <burch@hawaii.edu>, "Laura Thielen" <dlnr@hawaii.gov>, "Vaughn & Lynda Robinson" <ronpaulslcutah@yahoo.com>, "Rebecca Christie" <rchristie4@bloomberg.net>, "Catbird" <the-catbird@hotmail.com>, "James Duca" <jduca@kdubm.com>, "Ian Lind" <diary@ilind.net>, "Roy F. Hughes" <hthughes@hawaii.rr.com>, "Malia Zimmerman" <Malia@hawaiireporter.com>, "Elisa Yadao" <Ka_Hana@notes.k12.hi.us>, "Jack Cashill" <JCashill@aol.com>, "Marshall Chriswell" <mc@whistleblowers.org>, "Tom Flocco" <tom2@tomflocco.com>, "Eric Shine" <civilrights911@socal.rr.com>, "Laser Haas" <laserhaas@msn.com>, "Lucy Komisar" <lkomisar@msn.com>, "Democrats.com" <activist@democrats.com>, "Debra Sweet" <debrasweet@worldcantwait.org>, "Jane Kirtley" <kirt001@umn.edu>, "V K Durham" <vkdtdht@pionet.net>, "John Jubinsky" <Jube@tghawaii.com>, "Yamil Berard" <yberard@star-telegram.com>, "Ian McDonald" <ian.mcdonald@wsj.com>, "Michael Moore" <bailout@michaelmoore.com>

Posted on: Friday, July 25, 2003

Ex-trustee Peters sues trust's former counsel

By Curtis Lum, Advertiser Staff Writer

Former Bishop Estate trustee Henry Peters has filed a lawsuit against former Kamehameha Schools/Bishop Estate general counsel Nathan Aipa, charging that Aipa violated attorney-client confidentiality.

The lawsuit was filed yesterday in state Circuit Court by attorney Eric Seitz on behalf of Peters. It named Aipa as a defendant, but did not include KSBE, now known as Kamehameha Schools.

Peters is seeking an undisclosed amount in damages. Aipa could not be reached for comment.

Peters was a trustee of the Bishop Estate from 1984 until he resigned in December 1999 amidst allegations that he and the other trustees mismanaged the billion-dollar trust and abused their power. Aipa served as chief counsel of KSBE from 1985 to 2001 and is now in private practice.

In the lawsuit, Peters said he met regularly with Aipa and provided information to the counsel pertaining to Peters' role as a trustee. Peters "reasonably expected and relied upon the confidentiality of his communications with Aipa," the lawsuit stated.

But Peters' lawsuit said that beginning in 1998, Aipa "repeatedly" disclosed the confidential information to "various parties and entities." Aipa also repeated confidential information at grand jury proceedings, the lawsuit said.

Peters said Aipa did not seek or receive any waiver of the attorney-client privilege.

As a result of Aipa's actions, the suit said, Peters suffered "severe and continuing damage" to his reputation and a loss of income.

http://the.honoluluadvertiser.com/article/2003/Jul/25/ln/ln24a.html

# # #

References:

http://www.kycbs.net/Broken-Trust-Book.htm

http://www.kycbs.net/KSpension.htm

http://www.kycbs.net/Lost-Generations.htm

http://www.kycbs.net/PC-Coopers-Lybrand-11-20-96.htm

http://www.kycbs.net/AAA-IRS-10-10-0.htm

http://www.kycbs.net/Claims-Branch-Kamehameha.htm

http://www.kycbs.net/Claims-Branch-P-C.htm

http://www.kycbs.net/Confessions.htm

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

http://www.kycbs.net/CV05-00030-Witness-Aipa-Nathan.htm

http://www.kycbs.net/CV05-00030-Witness-Peters-Henry.htm

http://www.kycbs.net/Freedom-To-Sing.htm

http://www.kycbs.net/Harmon-Arbitration.htm

http://www.kycbs.net/JUSTICE.htm

http://www.kycbs.net/RICO-BH.htm

http://www.kycbs.net/SLAPP.htm

April 1, 2009

Dear President Obama, Attorney General Holder, Mr. Farmer; Mr. Guttman; Ms. Muranaka; Judge Ezra, Judge Chang, Judge Kurren, and All Concerned:

Due to the new discovery of material facts in this case, I am adding the subject Exhibit which provides evidence of breach of confidentiality and attorney-client priviledge in this case as well as in the Peters vs. Aipa case described in this news article. The financial, professional, political and personal relationships between these two individuals (as shown in their witness descriptions), also provides factual evidence of undisclosed conflicts of interest among various entities involved in this lawsuit, including many, if not all, of the judges involved.

In view of all the facts that I have presented in this and hundreds of other Exhibits and witness descriptions, it is beyond comprehension that Judges Eden Hifo (fka Bambi Weil), Kevin Chang, David Ezra, Barry Kurren, Lloyd King, and Robert Faris, and Trustees Mary Lou Woo, James Nicholson, and David C. Farmer; the American Arbitration Association arbitrator Judith Neustadter Fuqua, and attorney Steven Guttman can still claim that they were non-conflicted, impartial, and unbiased in this case.

In spite of all this factual evidence, however, I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.

If you still are NOT willing to attempt to negotiate or mediate a settlement, then I ask that you do your required review this new Exhibit and advise me if you find it contains any so-called "protected subject matter", and whether or not you intend to OBJECT to my filing a Motion to reopen this case.

Mr. Farmer, I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "protected subject matter" in these updated pages, and that you will NOT file any objections to my Motion.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

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NEW DISCOVERY (11-24-08): New Exhibit: “EQ 2048 - Deposition of Lokelani Lindsey taken on November 4 & 9, 1999". This document provides clear evidence that J. Douglas Ing had multiple conflicts-of-interest in this case and, since he was not a named Defendant in my RICO lawsuit against the former Trustees, he was not a legitimate signatory to the Settlement Agreement: Furthermore, since the Settlement Agreement was NOT SIGNED by any of the five Trustees actually named as Defendants, the Settlement Agreement was not legal or valid. (See Exhibit A)

http://www.kycbs.net/Lindsey-docs-Vol-1-p1-4.pdf

http://www.kycbs.net/Lindsey-docs-Vol-1.pdf

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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.