Hawaii judicial news

From Judgepedia

News about or affecting the judiciary in Hawaii.

Hawaii Supreme Court throws out speeding conviction

Hawaii: On Wednesday, March 3, the Hawaii Supreme Court threw out the conviction of a man caught allegedly speeding by an officer who paced Zachariah I. Fitzwater with his patrol car because he could not get a laser reading on Fitzwater's speed. Fitzwater was driving his motorcycle at 70 miles per hour in a 35 zone, the officer, Neal Ah Yat claimed. The Supreme Court, however, was not convinced that the reading was accurate because Yat could not produce evidence that his patrol had be thoroughly checked for errors in its speedometer. This is the most recent case in the state's high court's attempt to make it known that police cannot simply assert that there methods for catching speeding violators are accurate.^[1]

Appeals Court refuses new trial for convicted Hawaii man

Hawaii: The 9th U.S. Circuit Court of Appeals ruled on Friday, February 19, that Taryn Christian is not entitled to the second trial granted to him by Judge David Alan Ezra of the U.S. District Court of Hawaii. The motion for a second trial was sought after Ezra ruled that Christian did not receive a fair trial because he was not allowed to call several witnesses to the stand who claimed that a different man had confessed to the murders he was being accused of. The refusal of a re-trial upheld a previous ruling by the Hawaii Supreme Court.^[1]

Hawaii Supreme Court puts councilman's fate in judge's hands

Hawaii: The Hawaii Supreme Court has ordered Judge Joseph Cardoza, of the Maui Circuit Court, to decide on whether Councilman Sol Kahoohalahala is eligible to lose his job over a residency violation. A lawsuit was brought against Kahoohalahala by citizens claiming that he violated residency requirements by living with his wife in Lahaina when he ran for office in Lanai, part of Maui County. Cardoza had told the citizens who brought the charges that they needed to go through the impeachment process, but the Supreme Court has ordered Cardoza to decide because the Maui County Charter requires that that any office member who violates residency requirements be immediately removed.^[1]

Judge confirmed in Hawaii

Hawaii: On Friday, February 5, Lawrence Reifurth was unanimously confirmed by the Hawaii state senate as the newest judge on the Hawaii Intermediate Court of Appeals. Before his appointment Reifurth was an attorney and director of the state Department of Commerce and Consumer Affairs for Governor Linda Lingle.^[1]

Judge nominated in Hawaii

Hawaii: Hawaii Governor Linda Lingle nominated Lawrence Reifurth to serve on the Hawaii Intermediate Court of Appeals. Reifurth will serve in the seat left open by Judge Craig Nakamura, the new chief justice. ^[1]

New nomination for Hawaii state appeals court

Hawaii: A lawyer from Marion County, Hawaii, has been named to serve on the Hawaii Intermediate Court of Appeals. Lawrence Reifurth's nomination by Governor Linda Lingle is awaiting confirmation from the state senate as of Wednesday, January 13. ^[1]

Reifurth is the head of the state Department of Commerce and Consumer Affairs and is one of five candidates recommended to Lingle by the Hawaii Judicial Selection Commission. ^[2] He earned degrees from Northwestern University School of Law, the J.D. Kellogg Graduate School of Management, and Marquette University. Before becoming the head of the DCCA, Reifurth worked as the state insurance commissioner, a deputy attorney general, a lawyer in private practice, and an attorney for several municipalities in California. ^[3]

Hawaii judiciary to furlough

Hawaii: In consideration of the economic difficulties that the state of Hawaii is having, Supreme Court Chief Judge Ronald Moon announced that all state courts will be closed while employees are on furlough two days each month. This order takes effect in November of 2009, and will stand until future notice. ^[1]

Moon said, "The decision to furlough employees and close courthouses statewide was a very difficult one for me, but one that had to be made in light of our state’s current economic crisis. I am confident that our judges and employees will do their best to minimize the inconvenience to the public, however, court users should anticipate some delays and changes in services." ^[2]

Chief justice lawsuit resolved

Hawaii: A lawsuit filed by one member of the Hawaii Judicial Selection Commission against another has been resolved, according to the Honolulu Advertiser. James Bickerton had filed suit against Commission Chair Sheri Sakamoto when she began proceedings to select a new chief justice for the Hawaii Supreme Court. Bickerton alleged that the timing of her search deadlines provided "insufficient time for many applicants to do the groundwork and preparation with friends, family, colleagues and business associates necessary to submit their names for this vital public service position". He also took issue with Sakamoto beginning the replacement process without discussing the matter with the Commission. ^[1]

The suit was resolved by pushing the application deadline to November 4, 2009. ^[2]

Lawsuit filed to block search for new Hawaii Supreme Court justice

Hawaii: James Bickerton, a member of the Hawaii Judicial Selection Commission, has filed a lawsuit against the chairwoman of the Commission, Sheri Sakamoto.

Sakamoto began proceedings to notify the public about the impending vacancy on the high court, and to solicit applications for the opening. Current chief justice Ronald Moon will reach 70, the age of mandatory retirement in the state, in 2010. The deadline for applicants set by Sakamoto is October 5, 2009, just 16 business days after notifications are scheduled to begin running and 11 months prior to the vacancy occurring. Bickerton's suit alleges that that provides "insufficient time for many applicants to do the groundwork and preparation with friends, family, colleagues and business associates necessary to submit their names for this vital public service position". He also takes issue with Sakamoto beginning the replacement process without discussing the matter with the Commission. ^[1]

Hawaii federal court seeks new judge

Hawaii: The United States District Court for the District of Hawaii has an opening due to the June 30, 2009 assumption of senior status by judge Helen Gillmor. The Hawaii Federal Judicial Selection Commission is seeking applicants for the position. The Commission will then vet the applicants and make a recommendation from them to President Obama. The president will select one of the recommendations to nominate, and they would next go before the U.S. Senate for confirmation. ^[1]

Furloughs for state employees halted

Hawaii: First Circuit Court judge Karl Sakamoto issued an injunction against Governor Linda Lingle when she attempted to require mandatory furloughs for state employees. She made the attempt in order to address the budget shortfall of $729 million over the next two years. If passed, the mandatory furloughs would have required three unpaid days off per month for thousands of public employees. Three state employee unions challenged the move, and judge Sakamoto agreed with them that Lingle was overstepping her authority by failing to negotiate with state employee representatives.

"Furloughs involve wages, actual wages decreasing," Sakamoto said. "Furloughs as core subjects of collective bargaining must be negotiated."

Attorney General Mark Bennett has said the state is seriously considering an appeal to Sakamoto's ruling. ^[1]

Justice Moon retirement

Ronald Moon is the Chief Justice of the Supreme Court of Hawai`i. He was sworn into this position on March 31, 1993, after having served as an associate justice on the state's highest court for three years. His current term on the court would end on March 30, 2013 if not for his mandatory retirement on March 30, 2010 due to reaching the age of 70.

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