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



Big Island attorney; interim UH regent; son of Tany Hong who played a role in the Ron Rewald case; attorney for Malia Zimmerman and Darren Ah Chong in their internet censorship case.

~ ~ ~

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.


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.


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.


~ ~ ~

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:




Rosemary T. Fazio



Philip Hellreich



Shelton G.W. Jim On








Appointing/Electing Authority

Susan Ichinose

04/02/07 - 04/01/13


Frederick Okumura

04/02/07 - 04/01/13


Melvin I.Chiba

04/02/02 - 04/01/08


Rosemary T. Fazio

04/02/03 - 04/01/09


Thomas Fujikawa

04/02/03 - 04/01/09


Philip Hellreich

04/02/03 - 04/01/09


Shelton G.W. Jim On

04/02/05 - 04/01/11


Ralph R. LaFountaine

04/02/05 - 04/01/11


Sheri N. Sakamoto

04/02/05 - 04/01/11


Frederick T. Okumura

04/02/07 - 04/01/13


~ ~ ~


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."

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

~ ~ ~


Email (National Center): VictoryUSA@jail4judges.org

~ ~ ~



Email (Hawaii): molokaiman@flex.com

~ ~ ~

December 15, 2005 

Ex-Kamehameha director sues,
alleging defamation

Star-Bulletin staff

HILO » The former director of operations for the Kamehameha Schools campus at Keaau, south of Hilo, filed suit yesterday, saying the organization and an administrator defamed him after forcing him to resign in a dispute over finances.

Darren M. Ah Chong, 39, and attorney Ted Hong said Stanley Fortuna Jr., headmaster at Keaau, is responsible for rumors that Ah Chong left because of "incompetence, mismanagement, and embezzlement."

Ah Chong said problems arose because Fortuna wouldn't implement financial procedures that Ah Chong recommended. A 2004 review revealed an operating deficit of $1.5 million, but no one accused Ah Chong of pocketing the money, Hong said.

After Ah Chong left, the school implemented most of his recommendations, Hong said.

Ah Chong was hired as the No. 2 administrator at Keaau in 2002. He asked for the same financial program used at the Kamehameha campus on Maui.

Staff training in the program got under way, but individuals balked at the extra work, he said. Then the deficit was discovered and he was forced out.

Kamehameha spokesperson Marsha Bolson said the organization does not comment on lawsuits or personnel matters. Fortuna could not be reached for comment. Ah Chong, a 1984 graduate of Kamehameha, said, "My heart is and always will be with the school."


For more, GO TO > > > http://www.kycbs.net/Bishop5.htm

~ ~ ~

September 7, 2007

Kamehameha Schools, former official settle suit

Details of amicable agreement confidential

by Peter Sur, Tribune-Herald Staff Writer

The former No. 2 official at Kamehameha Schools Hawaii has settled with his former employer over a defamation lawsuit.

"In terms of the settlement, my client's satisfied and ready to move on," said attorney Ted Hong, who represented Darren M. Ah Chong. The suit was settled out of court and the terms are confidential.

Stan Fortuna, Kamehameha Schools Hawaii headmaster, referred all media inquiries to a spokesman on Oahu, who did not return a call seeking comment.

Ah Chong worked at the Keaau campus from January 2002 through June 2004, according to a lawsuit filed in December 2005 in Third Circuit Court.

His duties involved responsibility for the financial operations of the three-school campus.

The lawsuit alleged that, on several occasions, Ah Chong told Fortuna the schools' accounting system needed "substantial overhauling" and he needed to increase his staff so the school could keep track of its finances.

Fortuna allegedly encouraged Ah Chong but failed to adopt most of his recommendations. The lawsuit further alleged that Ah Chong "felt compelled" to submit his resignation on June 2, 2004, but Fortuna refused to accept it.

The lawsuit alleged that administrators met June 24, 2004, to review the budget and calculated the deficit for the fiscal year would be $1.5 million. At the meeting, Fortuna allegedly raised his voice and told Ah Chong to resign immediately or be fired.

Two months later, Ah Chong was told he'd been terminated for incompetence, mismanagement and failing to follow the chain of command.

Following the lawsuit's filing, Hong said, the Circuit Court heard arguments and motions for summary judgment, but agreed to withhold a ruling while the parties negotiated out of court.

Hong emphasized that Ah Chong remains a proud alumnus of Kamehameha Schools. His wife teaches at the Keaau campus and his two children are students there.

"He (Ah Chong) is part of the alumni association, so he's continuing his work with the alumni association," Hong said of his client's continuing involvement with Kamehameha.

Kamehameha Schools and Ah Chong released the following joint statement:

"Differences between Kamehameha Schools and Mr. Darren Ah Chong, former director of operations for the Hawaii campus in Keaau, have been resolved. Kamehameha Schools recognizes and appreciates Mr. Ah Chong's hard work and commitment to the schools' mission during his tenure at Kamehameha's Hawaii Campus, and wishes him all the best for a promising future. Mr. Ah Chong, an alumnus of the schools, is, and always will be, proud to be a member of the Kamehameha Schools family and pledges his continued support for the work at the Hawaii campus, and to honor the will of Princess Pauahi."

Ah Chong currently sells real estate, Hong said. He graduated from Kamehameha Schools in 1984 and holds a bachelor's degree in economics from the University of Hawaii. He had previously worked in banking and as a Hawaii County police officer.


~ ~ ~

From:          "Ted Hong" <frank003hi@hotmail.com>

To:              Malia Zimmerman” <malia@hawaiireporter.com

Subject:      RE: fwd: Re: Freedom to Speak & Print the Truth

Date:           Fri, 22 Jul 2005

Let me know when and if you want me to write a letter to this kook to tell him to back off. The fact that so many prominent people are named as "witnesses" tells me that he is a bit "loopy." Is this a Honolulu bankruptcy case? I couldn't tell. Does Jay have any information on it in the public filings section of your magazine?

>From: "Malia Zimmerman" <malia@hawaiireporter.com>

>Reply-To: Bobby Harmon

>To: frank003hi@hotmail.com

>Subject: fwd: Re: Freedom to Speak & Print the Truth

>Date: Fri, 22 Jul 2005 19:59:00 -0900


>-----Original Message-----


> From: Bobby Harmon

> Subj: Re: Freedom to Speak & Print the Truth

> Date: Fri Jul 22, 2005 7:26 pm

> To: Malia@hawaiireporter.com

> Hi, Malia,

> I am the Defendant in a lawsuit by Bankruptcy Trustee Mary Lou Woo. She is asking for over a half million dollars because I reported criminal activities to the authorities and published these allegations on the web. It's a long story, but the best place to start is probably at:

> www.the-catbird-seat.net/Claims-By-Harmon.htm.

(Now www.kycbs.net/Claims-By-Harmon.htm)

> Then go to:

> www.the-catbird-seat.net/Woo-vs-Harmon.htm

(Now www.kycbs.net/Woo-vs-Harmon.htm)

> Your role as a witness is due to the fact that I have published excerpts from some of your articles on the website and now Woo is asking for $500 per day for each day certain sites are left on the web. As a publisher, I would like you to testify regarding First Amendment rights. After you have a chance to read some of the material on the website, please feel free to contact me if you have any further questions.

> Regards,

> Bobby N. Harmon

~ ~ ~


For Immediate Release: February 17, 2004

HONOLULU – Governor Linda Lingle today named Ted H. S. Hong to the Circuit Court of the Third Circuit in Hilo. Hong currently is the state’s chief negotiator and serves as an interim University of Hawai`i Regent.

“Ted has been a valuable asset to my Administration, to the University of Hawai`i system, and to the community, particularly in East Hawai`i,” said Governor Lingle. “I am impressed by his strong work ethic, his sense of fairness and respect, and his integrity. On a personal level I am saddened that Ted will be leaving the Administration, but I am pleased he will have this important opportunity to serve the people on the Big Island. I am confident Ted will continue to be a valuable and dedicated public servant in his new capacity as a judge.”

Hong was appointed by Governor Lingle to serve as the state’s chief negotiator in December 2002. He oversees the Office of Collective Bargaining and has assisted the Governor in negotiating contracts between the State and the public employee unions, including the University of Hawai`i Professional Assembly, Hawai`i Government Employees Association, United Public Workers Union and Hawai`i State Teachers Association.

In May 2003, Governor Lingle appointed Hong to serve on the University of Hawai`i Board of Regents as one of 12 regents who oversee the university system.

As a private practice attorney in Hilo prior to joining the Lingle Administration, Hong gained an extensive background in employment and labor law, administrative law, civil rights law, personal injury defense, as well as state and federal litigation. He also specialized in cases relating to violence in the workplace, sexual harassment, wrongful termination and discrimination.

Hong previously served as assistant corporation counsel for the County of Hawai`i, as well as deputy corporation counsel and deputy prosecuting attorney for the City and County of Honolulu. He also was an associate attorney with the law firm Roehrig Roehrig Wilson Hara & deSilva.

Hong is a member of the Hawai`i State Bar Association, American Bar Association, Rotary Club of Hilo Bay, and the Kaumana Elementary School PTSA.

Hong is a graduate of the William S. Richardson School of Law, University of Hawai`i at Manoa undergraduate program, and Leilehua High School on O`ahu.

Governor Lingle selected Hong from a list of six candidates that was submitted by the Judicial Selection Commission last month. This is the Governor’s fifth judicial judicial appointment. Hong’s appointment is subject to Senate confirmation.

* * * * *

Disavow: A CIA Story of Betrayal

By Rodney Stich & T. Conan Russell

The Saga of
Ron Rewald and Bishop, Baldwin, Rewald & Wong



* * * * *

Ted Hong is expected to testify as to his business, professional and personal relationships with Tany Hong, Lea Ok Sook Hong, Paul Alston, Judith Neustadter Fuqua, Hawaii State Foundation on Culture & the Arts, Masaru Yokouchi, Robin Campaniano, AIG, David C. Farmer, Ron Rewald, George Ariyoshi, John Waihee, Ben Cayetano, Wally Fujiyama, Kent Keith, Earl Anzai, Lyn Anzai, Cades Schutte Fleming & Wright, Darren Ah Chong, Dee Jay Mailer, P&C Insurance Company, Edwina Clarke, Clyde Mark, Rocco Sansone, Wally Chin, Rodney Park, Marsh & McLennan, John Mullen Co., Matt Tsukazaki, Robert Katz, Hamilton McCubbin, Ronald Libkuman, Nainoa Thompson, Robert Kihune, Guido Giacometti, Susan Tius, Douglas Ing, Colleen Wong, Louanne Kam, Dr. Michael Chun, Rockne Freitas, Malia Zimmerman, Bob Herkes, Guy Lam, Joanne Mucha, Peter Savio, The Nature Conservancy, Evan Dobelle, Clayton Hee, Linda Lingle, Jeremy Harris, J.C. Shannon, Bob Awana, Jeffrey Portnoy, and others to be named upon discovery.

Internet References:

Letters, Documents, News Articles and Related Links














































IRS - PricewaterhouseCoopers, Arm’s Length and Intermediate Sanctions







IRS - Closing Agreement for Kamehameha Schools



Hawaii Dept. of Labor - CV 98-2394-05 - Unemployment Insurance Appeal



RICO Lawsuit - 99-CV-00304-DAE-BMK








Equity 2048 -The Richards Report


XL Reinsurance Policy No. XLRKS-01796





Equity 2048 - Related Correspondence and Documents














First Amendment Rights/Obstruction of Justice













Hawaii Dept. of Labor - CV 98-2394-05 - Unemployment Insurance Appeal




The Na Kumu Book Advisory Group





Broken Trust: Greed, Mismanagement & Political Manipulation



Lost Generations: A Boy, A School, A Princess


Hawaiian Apartheid


KITV Special Report




Originally posted: July 1, 2005