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Thursday, March 06, 2014
Zoning Board: Abercrombie's Supreme Court Pick Operating Illegal Enterprise for Over a Decade
By Andrew Walden @ 4:08 PM :: 5391 Views :: Judiciary

by Andrew Walden

Nominating Michael Wilson to the Hawaii Supreme Court, Governor Abercrombie February 18 said: "I asked all of them how they saw themselves in terms of their role as a justice. Michael's instantaneous reply was, ‘The Supreme Court is our public conscience.'"

Apparently a decade or more of operating an illegal enterprise--in spite of numerous legal findings against him--does not weigh too heavily on the "conscience" of Circuit Court Judge Michael Wilson. 

Did Wilson see fit to advise the Judicial Selection Commission or the Abercrombie Administration of his long-running and on-going illegality? 

Here is the evidence of Michael Wilson's knowing and willful involvement in ownership and operation of an illegal vacation rental over the years and continuing even today. 

Will Hawaii's next Supreme Court Justice be someone who openly and flagrantly flouts the law for a buck?

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Hawaii Bar Association: Wilson 'Unqualified'

Gregory K. Markham, President-Elect, Hawaii State Bar Association

Hearing: Thursday, March 6, 2014, at 10:00 a.m., Conference Room 016, State Capitol

The Board of Directors of the Hawaii State Bar Association appreciates the opportunity to comment on the qualifications of Michael D. Wilson for the position of Associate Justice of the Hawaii Supreme Court.

The HSBA Board has established criteria for determining the qualifications of judicial appointments generally utilizing the American Bar Association Guidelines for Reviewing Qualifications of Candidates for State Judicial Office. The HSBA uses the following criteria in its deliberations: integrity and diligence, legal knowledge and ability, professional experience, judicial temperament, financial responsibility, public service, health, and responsibilities and duties required of the position for which the applicant has been nominated. The HSBA Board's rating system includes the categories of "qualified" and "unqualified."

As part of its procedures for evaluating and taking positions on judicial appointments, the HSBA Board utilizes a subcommittee of the HSBA Board to review materials presented by the nominee and input from members. The subcommittee is also tasked with checking references and contacting others who have knowledge of the nominee’s experience and qualifications. The full Board reviews the materials prepared by this subcommittee, the materials submitted by the nominee and members, and conducts an interview of the nominee.

Taking into consideration all of the information presented by and about the nominee and an interview with the nominee, the Board of Directors of the Hawaii State Bar Association finds Michael D. Wilson to be unqualified for the position of Associate Justice of the Hawaii Supreme Court.

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To: Senate Committee on Judiciary and Labor

Dear Committee Members:                March 4, 2014

I am writing regarding Committee Measure GM 580. I oppose the appointment of Michael Wilson to the Hawaii State Supreme Court for the following reason. He is a part owner of an oceanfront property that has operated as an illegal vacation rental since 1989. The property is located at Kawela Bay, 57-421 Honokawela Drive and further identified as TMK 5-7-003-037. See attachment #1 for a listing of current owners. The property is currently advertised on the internet with a daily rate and a minimum stay of 10 days (see attachments #2 & 3).

The current internet listings say the property is not available until Christmas 2014. It is unknown if this lengthy blackout period, which is unknown to have occurred before, is related to Mr. Wilson's nomination. The internet advertisements do not identify the address of the property but the exterior pictures show it to be 57-421 Honokawela Drive. I have reported the apparent illegal rentals to the City & County, OPP since 2003 and the owners have been cited four times in the past (see attachment #4).

OPP has not responded to recent complaints. It is purported that renters have recently been required to sign a 30 day rental agreement although they do not stay that long or pay that much rent.

It is believed that State transient accommodations taxes are collected (see attachment #5, pg. 2) and excise tax returns are filed reporting the transient rental income further evidencing that the rentals are for less than 30 days.

I previously reported the apparent illegal rental activity to the Office of Disciplinary Counsel (see attachment #6). Subsequent correspondence from ODC indicated that my letter raised legal rather than ethical issues that were not under their purview.

Thank you for your consideration of my concerns.

Chris Godwin, Kahuku, Hawaii

LINK: Godwin's Testimony and supporting documentation of Wilson's illegal enterprise is on page 67-77, Bar Association is on pg 4

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Office of Disciplinary Counsel, Ethics Complaint

Dear Disciplinary Counsel:       September 19, 2006    

I am writing to report the following three attorneys who, along with others, own the dwelling at 57-421 Honokawela Drive, Kahuku, Hawaii 96731(TMK:5-7-3-37) that is being operated as an illegal vacation rental.

Judith Ann Pavey

Douglas A Crosier

Michael D. Wilson

It is believed that Ms. Pavey is directly involved in the rental of the property and that the other two are primarily investors who benefit financially from the illegal activity and who may have knowledge of it. The rental of their property for less than 30 days is a violation of the revised Ordinances of Honolulu 1990 (Land Use Ordinance), Section 21-4.110-1.  It is believed that they were first informed of the illegality of their activity by a notice of violation mailed to them in May 2003 by the City & County of Honolulu, Department of Planning and Permitting (DPP). However the illegal rental has continued to date. I believe that since 2003 additional notices of violation have been issued and fines assessed. Mr. Todd Labang (Tel.# 527-5850) is the current DPP inspector assigned and is believed to have had several contacts with Ms. Pavey regarding this matter.

Recently Ms. Pavey may be using subterfuge in an attempt to conceal her illegal activity.  It is believed she is having renters sign a 30-day rental agreement even though they are staying for less than 30 days. The Internet ad was recently changed to indicate that the minimum rental period is 30 days. It is also believed she may be telling renters to say that they are related to her and are her non-paying guests.

I have a complete record of the arrival and departure dates of the renters and their license plate numbers. I also have information to identify the maid that cleans after each departure. It is believed that Ms. Pavey files State excise tax returns that disclose the gross income received as "transient accommodations rentals," the category used for rentals of less than 30 days.

If I can be of any assistance in this matter please contact me via any of the means disclosed in the letterhead. Thank you for your attention to this matter.

Very truly,

Chris Godwin

LINK: Godwin's Testimony and supporting documentation of Wilson's illegal enterprise is on page 67-77

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October 7, 2007: Honolulu Zoning Board of Appeals Upholds Zoning Board Ruling Against Wilson, etal

FINDINGS OF FACT

1. Petitioners JUDITH ANN PAVEY, KALI K. WATSON TRUST, MICHAEL D. WILSON, DOUGLAS A. CROSIER, JEAN K. CROSIER, FDT, LLC, FRANKLIN TOKIOKA, MICHAEL F. SCHWINN and VIEN N. SCHWINN are owners of the property located at 57-421 Honokawela Drive, Kahuku, Hawaii 96731 (hereinafter "subject property").

2. The subject property is zoned R-5 Residential District with a single family dwelling.

3. Transient Vacation Unit (hereinafter "TVU") activities are not permitted in residential districts unless the Department of Planning and Permitting (hereinafter "DPP") has issued a nonconforming use certificate ("NUC"). LUO § 21-4.110-1 and § 21-4.110-2. The subject property does not have a NUC.

4. An inspection by DPP on August 14, 2006 revealed that a person named Ashley Nackley and her family were occupying the property.

5. Petitioners were contacted and Petitioners produced a rental agreement that indicates that the agreement is for a thirty (30) day occupancy. The rental agreement further indicates that Ms Nackley and her family would arrive on August 12, 2006 and depart on August 25, 2006.

6. Further inspection on August 28, 2006 revealed that one of Petitioner's nieces was occupying the subject property. Petitioners' niece informed the inspector that she would be occupying the dwelling through September 4, 2006.

7. On September 07, 2006, Notice of Violation No. 2006/NOV-09-036 (HC) was issued to Petitioners for "the dwelling on this residential zoned property is being used as a transient vacation unit. A nonconforming use certificate was not obtained for the transient vacation unit." in violation of "ROH 1990, as amended, Chapter 21 Section 21-3-3.70-1 & 21-4.110-1".

8. On November 15, 2006, Notice of Order No. 2006/N00-355 was issued to Petitioners.

9. On December 8, 2006, Petitioners filed a timely appeal challenging Notice of Order No. 2006/N00-355.

read ... Full Text of Ruling by Honolulu Zoning Board of Appeals

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Related:

Supreme Court Nominee Wilson's Written Opinions

Abercrombie: Wilson Promises to be Activist Judge

Abercrombie Names former BLNR Chair Wilson to Supreme Court

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