Judiciary

How could federal prosecutors “accidentally” debase their entire prosecution of crimes alleged to have occurred in 2004 by telling a Federal Grand Jury that the defendants’ collection of “recruitment fees” was a violation of a law which did not take effect until 2008?

"...because of an unresolved situation with my law firm, I have decided to withdraw my nomination to prevent any distraction for the Abercrombie Administration and disruption for my family.”

According to 2009 YRBS (Youth Risk Behavior Survey) data, Hawai‘i high school students had the highest self-reported prevalence of considering suicide (19%), the highest for making a plan (16%), the highest for attempting (13%), and the 4th highest prevalence for being treated for a self-inflicted injury (4.5%) in the country. 

Democrat legislators making up excuses to block Lingle’s judicial nominees are usually just doing the bidding of the criminal defense bar—which seeks to block judicial nominees who are not sufficiently soft on crime.   But it appears that opposition to the nomination of former Federal Prosecutor Ed Kubo to Oahu's First Circuit Court is coming from former State Sherriff John Souza.  Souza, the husband of State Senate President Coleen Hanabusa, was nailed in 2004 for a land sale which involved giving a $25,000 loan to an accused meth dealer who is a cousin to two convicted Pali Golf course shooters.

As a practicing attorney, Nacino had the opportunity to prepare appellate briefs to the Hawai‘i Supreme Court, Hawai‘i Intermediate Court of Appeals, Ninth Circuit Court of Appeals and the United States Supreme Court.... He worked for two-and-a-half years at the Prosecuting Attorney’s Office where he tried jury and non-jury cases involving misdemeanor and felonies at the District, Family and Circuit Court levels.... Before beginning his legal career, Nacino was a police officer with the Honolulu Police Department for approximately eight-and-a-half years.

Last year, instead of enacting a law stating that the Supreme Court was wrong, the Legislature adopted special legislation exempting the Superferry pending completion of an environmental impact statement. The Supreme Court’s recent decision correctly struck down that exemption as violating the Hawaii constitutional prohibition against legislative special treatment for special interests.

The governor and Legislature were then handed a second opportunity to make the law pono by saying what everyone believed. The Legislature could enact simple language, such as the following which I recommended to the legislative leadership in March 2009, making clear that our environmental laws do not extend to "secondary" impacts:

"Significant effect" does not include or require consideration of “secondary impacts” on the environment that may result from government action. This latter provision is retroactive to enactment of this chapter.

By doing so, the law would state what everyone always believed it meant and the Superferry would have been allowed to continue providing essential transportation to Hawaii's citizens and competition to interisland airlines.

A decrease in the Hawaii State Judiciary's budget could result in a narrowing of services and a return to the Judiciary's original mission: To decide what is right and wrong in accordance with the law, Moon said.