Tuesday, June 6, 2023
Hawai'i Free Press

Current Articles | Archives

Thursday, July 9, 2015
Supreme Court Overturns Former Judge’s Ruling on Gambling Case
By News Release @ 4:24 PM :: 6282 Views :: Judiciary, Law Enforcement

Supreme Court Overturns Former Judge’s Ruling on Gambling Case

News Release from Honolulu Prosecutor's Office, July 8, 2015

The Hawaii Supreme Court has overturned former Circuit Court Judge Randal Lee’s order disqualifying two Deputy Prosecuting Attorneys from a high¬≠ profile gambling case: State v. Tracy Yoshimura, et. al.

Lee’s December 1, 2014 order disqualified Deputy Prosecuting Attorneys Katherine Kealoha and Jacob Delaplane from handling the case based on Lee’s claim that Kealoha and Delaplane lacked necessary experience.

On February 25, 2015, the Honolulu Department of the Prosecuting Attorney filed a Petition for Writ of Mandamus with the Hawaii Supreme Court challenging Lee’s order. The Petition, written by Deputy Prosecuting Attorney Delaplane, argued that Lee’s mischaracterizations within the order were “clearly insufficient to support disqualification since they lack a proper factual basis and were not part of the ‘considered evaluation’ required by [the court].” The Petition stated that Lee’s order resulted in immediate and irreparable harm because it “seriously disrupts the progress of litigation and decisively sullies the reputation of the affected attorneys.”

In its July 7, 2015 ruling, the Hawaii Supreme Court granted the request, overturning and invalidating Lee’s order. Chief Justice Mark Recktenwald stated that “an extraordinary writ is warranted inasmuch as the basis upon which the circuit court grounded disqualification is insufficient and [the Department] has made a showing of irreparable and immediate harm...”. Two other Justices wrote concurring opinions stating that the Department’s request should be granted on additional legal grounds.

“Lee’s order was illegal, and today the highest court in the state recognized that,” said Prosecuting Attorney Keith Kaneshiro. “Deputy Prosecuting Attorneys Katherine Kealoha and Jacob Delaplane are highly qualified and experienced deputies. Lee had no basis to disqualify them.”

“We stand ready to move forward with the prosecution of this case to ensure that the people involved in these organized crime and gambling operations are brought to justice,” Kaneshiro said.



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Back da Blue Hawaii

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute


Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui


Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today


Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii



Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii


Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii