Hawaii Bar Journal - January 2022

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BAR JOURNAL A N O FFICIAL P UBLICATION

IInterview with

Shannon Sheldon 2022 HSBA President

OF THE

H AWAII S TATE BAR A SSOCIATION JANUARY 2022 $5.00

TABLE O F C ON TE NTS VO LUM E 26 , N U M B E R 1

EDITOR IN CHIEF Carol K. Muranaka BOARD OF EDITORS Christine Daleiden Susan Gochros Ryan Hamaguchi Cynthia Johiro Edward Kemper Laurel Loo Melvin M.M. Masuda Eaton O'Neill Lennes Omuro Brett Tobin

ARTICLES 44

26 19

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HSBA OFFICERS

Interview of 2022 HSBA President Shannon Sheldon

by Ed Kemper Summary of New Court Rules Designed to Improve Civil Litigation in Hawaii Circuit Courts

OF NOTE

President Shannon Sheldon

15

Case Notes

President-Elect Rhonda Griswold Vice President Jesse Souki Secretary Lanson Kupau

18

HSBA Happenings

28

2022 Hawaii Access to Justice Conference

29

Court Briefs

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Off the Record

Treasurer Alika Piper YLD OFFICERS President Jasmine Wong Vice President/President-Elect Lisa Yang Secretary Nelisa Asato Treasurer Kelcie Nagata

Classifieds

28 30 31

EXECUTIVE DIRECTOR Patricia Mau-Shimizu GRASS SHACK PRODUCTIONS Publisher Brett Pruitt Art Direction Debra Castro Production Beryl Bloom

Hawaii Bar Journal is published monthly with an additional issue in the fourth quarter of each year for the Hawaii State Bar Association by Grass Shack Productions, 1111 Nuuanu Ave., Suite 212, Honolulu, Hawaii 96817. Annual subscription rate is $50.

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On the Cover: Photography by Brett Pruitt of Grass Shack Productions Notices and articles should be sent to Edward C. Kemper at edracers@aol.com, Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov, or Carol K. Muranaka at carol.k.muranaka@gmail.com. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. The Hawaii Bar Journal reserves the right to edit or not publish submitted material. Statements or expressions of opinion appearing herein are those of the authors and not necessarily the views of the publisher, editorial staff, or officials of the Hawaii State Bar Association. Publication of advertising herein does not imply endorsement of any product, service, or opinion advertised. The HSBA and the publisher disclaim any liability arising from reliance upon information contained herein. This publication is designed to provide general information only, with regard to the subject matter covered. It is not a substitute for legal, accounting, or other professional services or advice. This publication is intended for educational and informational purposes only. Nothing contained in this publication is to be considered as the rendering of legal advice.

I N T E R V I E W

By Edward Kemper 1. You live and practice on Maui. How many former HSBA presidents lived and practiced on a Neighbor Island and when did they serve?

To my knowledge, since 1950, I will be the third Neighbor Island president, the first female Neighbor Island president, and the eighth female president of the Bar. Retired Judge Joel August served in 2000 and Martin Luna served in 1983 and were the only other HSBA Neighbor Island presidents. And both were living and practicing on Maui.

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Today, the other Neighbor Island directors and I can attend meetings and events as easily as Oahu directors. I believe the Oahu directors also appreciate avoiding Honolulu traffic and attending a meeting from the comfort of their homes.

With that said, if the pandemic subsides, and I am able to call an inperson meeting on occasion, I hope to do so to establish personal connections and camaraderie among the HSBA Board. I have clients on Oahu, and I love the surf and food on Oahu, so I can always find room in my schedule for a trip.

3. Please give us your and your family’s background, Shannon at International Market Place.

2. Do you think your and your educational history? location will have any impact on your leadership of I was born in Los Angeles, California and grew up in a the HSBA in the coming year? small town, San Marino, on the outskirts of downtown Los I think my location on Maui will have a minimal impact on Angeles (go Dodgers!). I am from a blended family, and I am my leadership. The pandemic has opened a new world of virtual the oldest of four girls. My father frequently wears a shirt that meetings, which the HSBA has fully employed. All of the meetproclaims: “DADD – Dads Against Daughters Dating.” ings of the Board of Directors, Executive Committee, and other Both my mothers’ parents and fathers’ parents loved committees on which I serve have been virtual since the start of Hawai‘i and instilled in me that love. I first came to Oahu and the pandemic. In the past, for a Neighbor Island director to atMaui in the early 1980’s and would wear a fancy dress to fly on the plane. On Oahu, I remember the hotel in Waikiki with an tend a meeting, it would normally consume an entire day for travel. The former Neighbor Island presidents likely experiunderground bar with a large window that served as the wall of enced an even greater challenge, particularly Martin Luna in the pool. My sister and I would take turns running into the bar dripping wet to watch each other swim through the glass. I re1983 before internet and emails. I imagine that he would have lived part-time on Oahu in order to dutifully serve as President. member my first luau and fire dancer, shave ice, fresh pineapple 4 January 2022

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slices, the ponds at Willows, and going to the International Market Place to see the parrots. On Maui, I remember the first time feeling warm rain, the epic hotel pools, the Buddhist temple in Lahaina and eating guri guri. Today, when I am driving and cursing at the tourist in front of me who has slowed to 5 miles an hour on the Pali to look at a rainbow, I stop myself by remembering what it was like to see Hawai‘i for the first time. If it was not for my grandparents and their love for the islands, I would not be in Hawai‘i today.

Critical to my career path was my father’s influence. My dad — a patent attorney – required that I work every summer from 8th grade to senior year of high school in his office. I answered phones, typed letters from a dictation machine, filed papers, and organized books eight hours a day, five days a week every summer, while my friends hung out at the beach or played video games. While I resented it at the time, I learned the value of hard work and the pride of learning useful skills. I also learned that every employee in a firm is valuable and should be treated as an equal.

After graduating high school, I proceeded directly to UC San Diego and obtained a Biology degree. I spent my third year of college abroad at the University of Otago in Dunedin, New Zealand considering whether to become an environmental biologist. While I absolutely loved New Zealand, after many days counting small fish in a pond up to my chest in freezing rain for my environmental biology class, I discovered my love of warm weather and my personality was more-suited to a more extroverted profession. Rather than pursue a career in biology, I resolved to become a patent attorney and attended Loyola Law School in Los Angeles.

While at Loyola, I applied as a visiting student for my semester of my third year of law school at William S. Richardson School of Law. While I had fantastic professors and classmates at Loyola, I was happy to escape the smog and traffic. For one glorious semester, I instead attended a field trip for Denise Antolini’s Environmental Law class on Mauna Kea shucking koa seeds, learned International Law with Jon Van Dike, played in the Ete bowl, helped organize and played in the First International Women’s Lacrosse tournament, performed in the talent show at the law school, ate Bubbies and Leonard’s malasadas (almost every day), danced at the Wave until 3 a.m., and surfed Diamond Head. I felt lucky to attend Richardson and live in Hawai‘i, even just for a semester.

4. Could you please describe your legal career and experience for the members of the Bar and, if you have a specific area of practice?

Although my heart was in Hawai‘i, I had already interned with Lyon & Lyon, a prestigious patent law firm in California and had accepted an offer to start my first year at the firm Shannon learning the alphabet from her father, Jeffrey Sheldon.

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after law school. I passed the California bar and patent bar with the U.S. Patent and Trademark Office in 2001.

After a year at Lyon & Lyon, which subsequently dissolved, I joined Alston Hunt Floyd & Ing (now Dentons) and passed the Hawai‘i bar in 2003. I had the privilege of working with brilliant mentors and attorneys such as Paul Alston, Ellen Godbey Carson, Louise Ing, Jade Ching, and Peter Knapman. While these attorneys worked extremely hard, they also took the time to pau hana each week and would throw a fantastic Halloween costume contest.

I then left Hawai‘i to move to Wilmington, North Carolina.

I took the North Carolina bar, passed, and practiced law at Rountree Losee LLP as a civil litigator and general counsel for corporations and community associations. I loved the food and ate my weight in hush puppies, sweet tea and crab, but I quickly discovered that I was not a Southerner at heart. I did not care for the lack of diversity or extremely conservative views, and I headed back west.

I spent two years working at my father’s law firm, Sheldon Mak & Anderson, as a patent, trademark, and copyright attorney. My dad did an excellent job of mentoring me to one day be a partner, however, I desired to make my own path, and my heart still belonged in Hawai‘i.

I again left for Hawai‘i, but this time Maui, to join Paul Johnson Park & Niles (PJPN) in 2006. Once again, I was lucky to work under some of the best attorneys in the State – Judy Tanaka, Sheryl Nicholson, Jim Paul, Pam Bunn, Dennis Niles, and Dave Johnson. As a general practitioner on Maui, I practiced civil litigation and business law. Under Dennis Niles, I began serving as general counsel for a large condominium association on Maui, which launched my present career.

After the dissolution of PJPN, I partnered with the two other attorneys of the Maui office – William McKeon and Keri Mehling – to form our own firm in 2011. Ten years later, McKeon Sheldon Mehling is going strong representing hundreds of condominium and community associations throughout the state. I assist clients with corporate governance, covenant enforcement, collections, contract disputes, and construction defect litigation. I am very fortunate to work with attorneys Rebecca Filipovic, David Nakamura, and

R

Jill Uehara and also kind, hard-working employees. I also still practice intellectual property law, which gives me the opportunity to work with my father on more complex patent and trademark cases.

I am a big believer in supporting the community, particularly children and students, so I have had a couple of “side jobs” to further these goals. From 2016 to 2019, I lectured in Business Law and International Business Law at University of Hawai‘i, Maui College. In 2019, I became qualified as a Court Appointed Special Advocate for children and handled some court-appointed cases as a contract attorney representing parents in custody cases.

5. Since you have been involved with the Hawai‘i State Bar Association for number of years, what has been your various roles and experiences with the HSBA? My initial involvement with the HSBA began when I started serving on the Maui County Bar Association (MCBA) in 2006. Within a few years, I became the President of the MCBA, which meant I attended the Goal Group 7 meetings on a quarterly basis on Oahu.

This was my first exposure to a committee focused on furthering Neighbor Island interests.

I participated in HSBA programs including “Ready for the World,” which educates high school seniors on real world issues, such as entering leases and staying out of debt. I travelled to Molokai for this program. I also volunteered for “Law Week” and volunteered in elementary schools in the “Junior Judges” program, teaching fourth graders about how to deal with bullying and drug use.

I also have participated in Courts in the Community as an organizer and volunteer for many years, and this year, I am assisting with the Molokai classes.

I enjoyed my HSBA involvement, so I applied to the HSBA Leadership Institute and was a fellow in 2011. I believe the Leadership Institute is one of the most valuable programs to develop our Hawai‘i attorneys. The “speed dating”

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session with the judges is a favorite among most of the fellows where a fellow can ask several judges any question (within reason). Last year’s President, Levi Hookano, and next year’s President-Elect, Jesse Souki, are also graduates of the Leadership Institute.

(Yes, it is working!)

In 2017 and 2018, I served on the Board of Directors for the HSBA as the Director for Maui.

I currently serve on the HSBA Board of Directors, Executive Committee, Hawai‘i Justice Foundation, Committee on Judicial Administration, Nominating Committee, Leadership Institute Committee, and Awards Committee.

6. What has been the impact of COVID-19 restrictions on the

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McKeon Sheldon Mehling annual Halloween lunch.

conduct and functions of the HSBA? Like many organizations, COVID19 has impacted the HSBA and its members. The in-person events, such as the Bar Convention and annual dinner, have not been held these past two years. This has negatively impacted the Bar’s funds.

Some attorneys have commented they miss the personal connection and

interaction among their colleagues at these events. It is uncertain whether the HSBA will hold these events in-person in 2022.

On a more positive note, the HSBA and its members have successfully handled the many challenges created by COVID19. Executive Director Patricia Mau-Shimizu (“Pat”), Assistant Executive Director Iris Ito, and the HSBA staff have done an excellent job at rolling with the COVID-19 punches. They quickly adjusted to present an excellent remote HSBA Convention while preserving the sponsors. The remote Convention has provided more opportunities for Neighbor Island bar members to attend without incurring travel costs.

There is also a strong commitment to

helping our Bar members through these difficult times, including the creation of the Well-Being Committee chaired by Summer Hulali Miriam Kaiawe. The HSBA newsletter includes a section and articles on well-being, and attorneys can attend programs, including yoga, to manage the stress.

7. What do you consider to be the major issues facing the Bar Association this coming year, and what plans do you have regarding those issues?

I would like to preface that the issues and potential plans for solving these issues are my individual opinions and not those approved or endorsed by the HSBA Executive Director or Board. It is important that the HSBA Board speak as one voice, and I hope to address and try to solve these issues with the Board, Committees, and HSBA leaders during my time as President.

There are several issues facing the Bar Association, but I would like to focus on what I consider the top three.

First, the Bar Association faces a budget challenge. The annual dinner has not occurred for the past two years, which hurts the HSBA’s budget and ability to give funds to goal groups. For good reason, the HSBA Board is reluctant to raise members’ dues during a pandemic.

However, costs continue to rise. More than ever, many groups funded by the HSBA need money to help their causes.

Sadly, nearly every group will receive less in 2022 than it did in 2021. For instance, last year the HSBA could give Young Lawyer’s Division $2,800 for Law Week, but for 2022 only $1,500 was awarded.

To resolve this potential budget crisis, I am working with Pat and Zale Okazaki to hold a silent auction in the Summer of 2022, whether or not there is an annual dinner. The auction items may be tied to donations for a particular group. For

example, if a person purchases the Maui basket full of Sam Sato’s majus donated by the MCBA, the funds will go to the Maui County Bar. Or, if the Well-Being Committee donates a certificate to a hot yoga class, the funds will go to the WellBeing Committee. This type of auction will serve two purposes – it will raise money and it will raise awareness as to the programs supported by members’ funds.

Second, the Bar faces a more difficult and long-term challenge of changing inequality in our legal community. This may seem unnecessary in Hawai‘i, one of the most racially diverse places in the world with no racial majority. Hawai‘i, however, is not immune from this problem.

Eric Paul, the Executive Director of the West Hawai‘i Mediation Center, wrote an article which explains: “In May of 2021, a University of Hawai‘i study eported that Hawai‘i leads the nation in the percentage of students arrested, and

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Above left: First Women’s Lacrosse Team to play in the International Lacrosse Tournament in Honolulu. Above right: 1999 Ete Team on game day.

those students were disproportionately Native Hawaiian, other Pacific Islander, and black. Schools have utilized a discriminatory reliance on police to deal with status offenses like truancy, curfew violation, and running away.”

In addition to racial bias in our criminal system, there is gender bias in the professional arena. We frequently hear that over half the law students are women; yet, it was mostly women that had to assume the parenting role during the pandemic and many left their careers to do so. An American Bar Association article released in February 2021 states: “According to a recent study, around a quarter of working women are currently considering scaling back their career ambitions or leaving the workforce entirely to focus more on the children’s needs. Such a break in employment could have disastrous effects to women’s place and pay in the labor market.”

There are also the many women that did not have an option to scale back or leave their careers. How are these women surviving balancing a career and family? What has the HSBA done to assist these members to keep them from moving to the mainland or going into debt to afford childcare? There have been well-being programs, which is definitely a start. But, as a single mom trying to run a law firm, I recognize first-hand that the stress is often beyond what a yoga class can fix.

Obviously, solving lack of diversity and equality will not happen overnight, but there are potential long-term solutions to make some changes. I have been conversing with Trisha Yoshimi Nakamura, the Diversity, Equality and the Law (DEAL) Chair, on programs to promote and develop the representation and participation of different groups of individuals of different races, ages, ethnicities, genders, religious, cultures and sexual orientations. Promotion of diversity needs to start early – even before law school — in order to increase the number of minorities attending law school. We have discussed funding for LSAT study courses and test fees for people of color and women in hopes of increasing diversity among law school applicants.

To encourage the success of lawyers from underrepresented groups, I would encourage the Specialty Bar Associations to take

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an active role in recruiting members and new lawyers to these organizations, establishing a mentoring program, and continue fundraising to provide support for scholarships. I would like the HSBA’s website or newsletter to feature successful attorneys in these Specialty Bars, such as the Hawai‘i Filipino Lawyers Association, Hawai‘i Women Lawyers, Native Hawaiian Bar Association, Korean American Bar Association, Afro American Lawyers Association, Hawai‘i LGBT Legal Association, and Pacific Islander Legal Association.

The Specialty Bar Associations and the HSBA can work with law firms to establish pledges for diversity. For example, several national law firms, such as Dentons, Sidley Austin, Latham & Watkins, have adopted the Los Angeles County Bar Association pledge to facilitate full and equal participation by members of communities that have been historically underrepresented.

The pledge, among other things, commits to causing at least one attorney to serve as a Diversity Liaison to be responsible for communicating with the partners on issues that have an adverse impact on underrepresented groups.

This year, there were events about achieving racial equity in Hawai‘i and Black Lives Matter presented by the Committee on Equality and Access to the Courts, the Civics Education Committee, and King Kamehameha V Judiciary History Center. I hope these events continue.

I would like to see the HSBA offer more CLEs with topics such as strategies to promote diversity, equity and inclusion (DEI) in the workplace, mentoring of lawyers, assisting women and attorney caregivers with families to maintain billable hours and succeed, and combatting bias and discrimination in the legal practice.

To solve the systematic prejudice and wide-spread incarceration of people of color, one bar association created a special task force consisting of public defenders, prosecutors and government attorneys to meet on a monthly basis with representatives of the police force to discuss techniques to minimize racial bias, including no money bail, elimination of taser guns, and using full body cameras.

Another bar association raised money in a specialty fund and gave it to members in need during the pandemic, such as women attorneys needing childcare. The president of that association casually commented, “What is our Bar for if not to directly support our members?”

Another major issue for our legal profession in Hawai‘i is the “brain drain.”

Many bright students of Hawai‘i leave for the mainland and never return. And why would they? The price to live in paradise is now too high. My colleagues on the mainland are billing double or triple my billing rate with lower mortgages and living expenses. I know several attorneys in their 40s either living with or off their parents or with several roommates to make ends meet. Hiring a young, local attorney, particularly on the Neighbor Islands, has become increasingly difficult.

We cannot compete with the mainland salaries or more affordable housing prices.

Not only has this brain drain resulted in losing our talented young attorneys, it has resulted in losing our valuable mentors.

Many brilliant mentors nearing retirement have left Hawai‘i to move to the mainland to be closer to their children and grandchildren. The HSBA anticipates attrition in its membership.

There is no quick and easy solution for this problem, but members of our Bar are working on some creative solutions.

At the Bar Convention this year, I was thrilled to listen to the progressive ideas of Stanley Chang, the Hawai‘i State Senator representing East Honolulu, on how to foster the development of affordable homes to Hawai‘i residents with his ALOHA program. He recognizes this brain drain and its negative impact on Hawaii’s future and is taking steps to solve it.

The HSBA may also consider partnering with the University of Hawai‘i to encourage law students to stay and practice law in Hawai‘i and to promote college students to attend law school and return. I believe, currently, there are a few Oahu law firms and government entities offering internship programs and mentors for these students, but increasing this

program among firms on every island may be valuable to keeping our best and brightest here.

We may even attempt starting early to expose younger students to the legal profession. The Young Lawyers Division (YLD) or the Civics Education Committee may consider offering a “law camp” for high school students from around the State.

I also hope the HSBA can promote strategies for firms to develop programs to increase salaries or other bonus incentives for young attorneys or encourage firms to collaborate on ways to attract our youth to return home to practice law.

8. Are there any special programs or features of the HSBA that you want to modify or work on or highlight?

Unbeknownst to many lawyers, the HSBA offers members many opportunities to make a difference in the community and improve as an attorney. In preparing for this presidency, I met with Pat and went through a list of ideas to improve the Bar and our services. I was pleasantly surprised to hear that the HSBA is already doing most of them.

In my opinion, the YLD deserves special attention and praise for its community efforts. The YLD is one of the most important groups to help encourage Hawaii’s students to enter the legal profession. The YLD is responsible for putting on the High School Mock Trial Program and Junior Judges. This year’s President, Jasmine Wong, is committed to trying to expand these programs on the Neighbor Islands, which is much needed.

Participation by schools on the Neighbor Islands is low. I also would like to encourage attorneys to volunteer. We need to invest in our students for the success of the legal profession in Hawai‘i.

I am also a huge fan of the Civics Education Committee, which also creates programs to provide government and legal education for our youth. Chair Troy Andrade tirelessly devotes himself to the Committee’s several programs, including

Youth In Government, Civil Liberties and the Constitution Day, the DOE School Calendar Contest, and Teachers’ Workshops. This year, the Committee will celebrate 50 years of Title IX and Patsy Mink’s achievements. The Committee is also commencing a new program, Judges in Robes, for judges to speak in elementary schools on all islands.

While not specifically an HSBA program, the Courts in the Community spear-headed by the Supreme Court and Rebecca Copeland has been wildly successful and one of the best ways to teach students about the legal profession. Volunteer attorneys meet with high school students and teachers and run a mock appellate program, and then attend the oral argument in front of the Supreme Court.

The students are then allowed to ask the Justices questions. During the pandemic, this has been occurring virtually, and hopefully, it can return to an in-person experience, which seems to have a more powerful impact on the students.

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For those members who are interested in programs involving children, the Court Self-Help Centers are in dire need of volunteers. The Court Self-Help Centers are a collaborative effort of the Judiciary, the Hawai‘i Access to Justice Commission, the HSBA, and the Neighbor Island bar associations to assist self-represented litigants. Volunteer attorneys provide help to the community, which now can be done remotely. Without question, there is a major access to justice problem throughout our nation, as most people cannot afford to hire an attorney.

Angela Min, Special Assistant to the Administrative Director of the Courts, is developing new incentives for volunteer attorneys to increase participation at the Centers.

She is promoting “adopt a month” by firms or groups and considering offering free CLEs for those who volunteer.

system for practitioners, and coordinate Zoom meetings for different practice groups.

Another major project is combating the COVID-19 obstacles to effectively litigating in court. The Judiciary and litigators have had to quickly adapt to remote hearings, depositions and bench trials and figure out ways to conduct jury trials while maintaining safety. Instrumental to this process has been the Bench Bar Conference and Bench Bar Forum led by Justice Simeon Acoba, Vladimir Devins and Steve Chow. With their efforts, and the several other hard-working attorneys that sit on the Judicial Administration Committee, attorneys and judges collaborate once a year to exchange ideas to improve our court rules and procedures.

The Bar Association also Shannon’s daughters, Joslin and Kewen, in Yosemite. continues to support the Judiciary in its efforts to assist in advocacy efforts for adequate funding for court facilities, judges and staff. Noah Gibson, the Chair of the 9. Are there any long-term projects or programs Legislation and Public Policy Committee, was vital last year in that the Bar Association is working on that might be submitting testimony and encouraging attorneys to submit testiimplemented during your administration? If so, can mony to prevent significant budget cuts for our Judiciary. you please discuss?

In addition to the long-term projects mentioned above to 10. Does the HSBA have any comments on the elecpromote DEI and prevent attrition of our talented attorneys, the tronic court filing system that was recently started?

Bar desires to focus on supporting all attorney members regardMany attorneys are quite comfortable with the technology less of practice areas and employment choices. and are thankful for its implementation shortly before the onset In May 2019, a Task Force on Lawyer Well-Being was of COVID-19 so attorneys and their employees did not need to formed by Chief Justice Mark Recktenwald, Justice Sabrina file documents in person. Electronic filing in Family Court is exMcKenna and Louise Ing in response to a ground-breaking repected to be available beginning April 2022. port issued in 2017 by the National Task Force on Lawyer WellBeing that provided sobering statistics about the health of 11. Is the HSBA making suggestions or have any attorneys. The report, among other things, states that between plans to have the Bar members perform more or 21 and 36 percent of lawyers qualify as problem drinkers and additional pro bono services?

28% struggle with some level of depression. For law students, The provision of pro bono legal services is personal to each 26% had anxiety and 25% are at risk for alcoholism. This task member depending on the attorney’s skill level, area of interest force examined the wellness state of the legal profession and isand availability of time. The HSBA can, however, utilize its sued recommendations to improve the mental health of attorcommunications capability to offer members information on pro neys, judges and law students. On August 19, 2021, the HSBA bono opportunities. The HSBA Board recently met with all of established a standing Well-Being Committee to promote the the members of the Legal Service Provider Consortium to professional and personal well-being of Hawai‘i attorneys. The discuss their programs, funding sources and volunteer attorney Well-Being Committee can provide speakers, develop educaneeds. Funding concerns to meet increased workloads was a tional materials and programs, initiate more social interactions common issue raised by the majority of organizations. The with solo practitioners and those on Neighbor Islands, bring HSBA transmitted a mid-year email to all members (both active and inactive) encouraging monetary support. back lawyer athletic leagues, fun runs, coordinate a support

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12. Is the HSBA going to provide more programs or services to the Neighbor Island attorneys?

I do not want to make any promises, but I certainly hope Neighbor Island programs and services will be expanded. It would be embarrassing to have a Neighbor Island President without improving Neighbor Island services!

Geraldine Hasegawa, who has served as the East Hawai‘i director for several years has raised concerns that Neighbor Island attorneys are deprived of certain services for which they pay dues. Specifically, a portion of members’ dues is used to pay for the HSBA office located on Oahu, which Neighbor Island attorneys do not frequently use.

To address this inequity, HSBA gives funds to the Neighbor Island Bar Associations. Some Neighbor Island Bar Associations have used funds to subsidize the cost of members’ fees for the Bar Convention to directly benefit the members. I would like to work with Goal Group 7, which consists of the Neighbor Island Bar Presidents, of how similar services can be more readily provided to Neighbor Island attorneys.

Another inequity in past years was the lack of access to CLEs, most of which occurred in person on Oahu. With Zoom, CLEs are now remote, providing everyone access. Even if CLEs resort back to being conducted in-person, I hope the HSBA takes a hybrid approach to CLEs to allow Neighbor Island attorneys to attend all CLEs via Zoom if they so choose.

Troy Andrade, Chair of the Civics Education Committee, is helping to launch a Patsy Mink Fellowship to send one law student to Washington D.C. and support scholarships for students in under-represented communities, such as students from Neighbor Islands or other Pacific islands.

13. Are there any other words of wisdom that you would like to share with Bar members?

As my family knows, my gravestone should read “Carpe Diem.” This Latin phrase, which literally means “pluck the day,” but now is more widely known as “seize the day,” was used by the Roman poet Horace to express the idea that we should enjoy life while we can. Mahatma Gandhi says it best: “Live as if you were to die tomorrow.

Learn as if you were to live forever.” Robin Williams in Dead Poets Society says it second best: “Carpe diem.

Seize the day, boys. Make your lives extraordinary.”

I think the modern day equivalent is “YOLO” for “You only live once.”

The pandemic has challenged us in ways never experienced. By now, we all know someone we lost to COVID-19. I personally lost my grandmother this year, and my fully-vaccinated father ended up in the hospital with the Delta variant.

This virus is a Russian roulette and any one of us, or someone we love, could be next.

On a professional level, we attorneys have had to “pivot” (this seems to be the catchphrase of 2021) by adapting to new technology, court rules, work habits, office procedures and employee protocols, all while trying to stay safe and keep our families safe. For those who have successfully maintained a law practice and sanity during this pandemic, it has been no easy feat. Normally to survive a difficult time, we look to the support of friends, family, and colleagues. In a world with shut-downs and forced isolation, we instead have relied on grit and hope.

My mantra in general, and especially now, is making every day count. I join, I volunteer, I show up for family and friends, and I work hard and play hard. When the opportunity arose to volunteer for Courts in the Community for Molokai students, I jumped at the chance. I am looking forward to assisting the Civil Education Committee’s Patsy Mink project. My goal this upcoming year is to attend one event, such as the golf tournament, on every island.

Whether it is volunteering for the Self-Help Center or attending every one of your child’s soccer practices, make every day count.

14. Any last thoughts?

I would like to thank the many people who have helped me with this presidency, my career, and life. Mahalo to Pat, Iris, Greg Frey, Levi Hookano, and the entire HSBA Board of Directors and staff for your trust, support, and guidance. I could not do this without the attorneys and staff in my law firm who encourage and help me every step of the way. I am thankful for my family, especially my sister, Nicole, who is my bedrock. Last, but certainly not least, thank you to my two daughters, Kewen and Joslin, for all their love and inspiration.

Shannon and her three younger sisters while travelling in Scotland.

14 January 2022

HAWAII BAR JOURNAL

CAS E NOTES Supreme Court

Appeal Pointer

Collections Delapinia v. Nationstar Mortgage LLC, No. SCWC-17-0000387, October 25, 2021 (Recktenwald, C.J.). In 2010, the plaintiffs’ Kihei property was foreclosed by nonjudicial foreclosure under Hawaii Revised Statutes Part I (since repealed). Several years later, the plaintiffs sued for wrongful foreclosure and quiet title against various defendants, their mortgagees, the subsequent purchaser of the property, and the subsequent purchaser’s mortgagees.

The defendants moved for, and the circuit court granted, dismissal of all claims. The ICA, in a published opinion, vacated in part but affirmed as to one defendant: the subsequent purchaser’s mortgagee. Delapinia v. Nationstar Mortgage LLC, 146 Hawaii 218, 458 P.3d 929 (Haw. Ct. App. 2020).

The Hawaii Supreme Court accepted the plaintiffs’ application for writ of certiorari to consider two aspects of the ICA’s decision: First, the ICA adopted the “tender rule,” a requirement under which a plaintiff seeking to quiet title must plead that it can tender the amount of indebtedness.

The Hawaii Supreme Court declined to opine whether the tender rule applies in Hawaii wrongful foreclosure cases generally. But the Hawaii Supreme Court held that it is inapplicable on these facts, where the defendant asserting the rule against a quiet title claim is the subsequent purchaser’s mortgagee, to whom the plaintiff is not in debt. As the defendant who sought to assert the tender rule was not the plaintiffs’ mortgagee, the plaintiffs do not need to plead tender to establish superior title as to that defendant. Second, this case required the Hawaii Supreme Court to consider whether foreclosures that violate the power of sale are voidable or void.

Silva v. Lopez, 5 Haw. 262 (1884), suggests that such wrongful foreclosures are void.

However, the Hawaii Supreme Court considered this question in other wrongful foreclosure contexts more recently, and those cases favored protecting the reliance interests of a bona fide purchaser.

An appeal is in default if the opening brief is not filed within 40 days after the record on appeal is filed or within any extension of the 40-day period. Relief from default must be obtained from the appellate court.

Failure to cure the default may result in monetary sanctions or dismissal of the appeal. HRAP 28(b) and 30.

Accordingly, the Hawaii Supreme Court held that wrongful foreclosures in violation of the power of sale are voidable, and to the extent Silva is to the contrary, it is overruled.

Constitutional League of Women Voters of Honolulu v.

State, No. SCAP-19-0000372, November 4, 2021, (Nakayama, J. with Recktenwald, C.J. and Kawamura, Circuit Judge, dissenting). Plaintiffs-Appellants League of Women Voters of Honolulu and Common Cause (collectively, the “Plaintiffs”) appealed from the circuit court’s final judgment, which granted Defendant-Appellee State’s motion for summary judgment. In the underlying proceeding, Plaintiffs filed a complaint seeking a declaratory order that a recently enacted bill was adopted through an unconstitutional process and therefore was void as unconstitutional. Plaintiffs challenged the adoption of the law requiring hurricane shelter space in new public schools on the grounds that it violated article III, section 15 of the Hawaii Constitution because the bill did not receive three readings in each house of the Hawaii State Legislature (the “legislature”) before it was passed and signed into law. On appeal, Plaintiffs again argued that the process for adopting the bill violated section 15 because, after the House made non-germane amendments to the recividism reporting bill, the Senate did not hold the required three readings to consider the hurricane shelter bill. The Hawaii Supreme Court agreed. The plain

language of section 15 states that “No bill shall become law unless it shall pass three readings in each house on separate days.”

Haw. Const. art. III, § 15. Here, the bill received three readings in each house by title and number, but the substance of the bill changed when the House introduced the hurricane shelter substitution, which was unrelated to the original recividism reporting bill. The Hawaii Supreme Court concluded that article III, section 15 of the Haw. Const. required that the three readings begin anew after a nongermane amendment changes the purpose of a bill so that it is no longer related to the original bill as introduced.

Recktenwald, C.J., with Nakayama, J., and Kawamura, Circuit Judge, dissented stating that this case required the Hawaii Supreme Court to consider the constitutional requirement that “no bill shall become law unless it shall pass three readings in each house on separate days.”

Haw. Const. art. III, § 15. The bill at issue here, Senate Bill 2858 (S.B. 2858), was read three times by its title in each house of the legislature, in compliance with rules adopted by both the House of Representatives and the Senate. However, the Majority invalidates the resulting law, Act 84 of the 2018 Session, because the procedure followed by the legislature violated the three readings requirement.

Specifically, the Majority held that, because the House made “non-germane” amendments to S.B. 2858, it in effect became a new bill that subsequently only received one reading in the Senate.

Recktenwald, C.J., Nakayama, J., and Kawamura, Circuit Judge disagreed with that conclusion. First, they stated it was not required by the plain language of the Hawaii Constitution. The three readings provision does not define what a “reading” must entail, nor does it set the outer bounds of permissible changes to a bill.

Since the Constitution does not establish these matters, the legislature properly used the rulemaking authority granted it by article III, section 12 to define what a reading entails. Haw. Const. art. III, § 12

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15

is-

he

ti-

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Receiver, and Special Master Services, Employment Investigations

Jerry M. Hiatt • Creative and highly focused mediations in all areas through persistent follow up with all parties. Successful in high stakes mediations for clients of most of Hawaii’s major law firms.

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5

(“Each house shall . . . determine the rules of its proceedings . . . .”). The legislature followed those rules in enacting S.B. 2858.

Second, the history of article III, section 15 does not support the Majority’s interpretation. Notably, the delegates to the Constitutional Convention of 1968 considered many of the same concerns that the Hawaii Supreme Court addressed, when they recommended amendments to the predecessor of the current section 15.

The delegates’ debates clearly reflected the understanding that a bill could be “substantially changed” during the legislative process, morphing from a bill concerned with “elephants” into one concerned with “elephants, dogs, pigeons and what not.” Comm. of the Whole Debates in 2 Proceedings of the Constitutional Convention of Hawaii of 1968, at 169 (1972) (“Proceedings of 1968”). The solution they proposed was to require that printed copies of the bill “in the form to be passed” must be made available to legislators for 24 hours prior to a third or final reading. Stand. Comm. Rep. No. 46 in 1 Proceedings of 1968, at 215, 217-18; Comm. of the Whole Report No. 12 in 1 Proceedings of 1968, at 347. They did not, as the Majority did now, impose a requirement that the three readings must commence anew when there is a non-germane amendment to a bill. Unlike the Majority, the Dissent concluded that the 1968 proceedings were highly relevant even though a three readings requirement has been part of the Constitution since statehood. The requirement cannot be viewed in isolation from the rest of article III, section 15; rather, the section should be read as a whole, and the history of the printed copy requirement is relevant to interpreting the remainder of the section, including the three readings requirement.

Moreover, when the 1968 delegates proposed amendments to what is now section 15, they decided to retain the three readings requirement, with only a minor amendment. Stand. Comm. Rep. No. 46 in 1 Proceedings of 1968, at 215. Thus, the 1968 delegates’ understanding of that requirement is very much relevant here.

Third, the Majority’s reasoning for importing principles of germaneness developed in the distinct context of article III, (Continued on page 20)

16 January 2022

HAWAII BAR JOURNAL

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H SBA HAP PE NIN GS Board Actions The HSBA Board took the following actions at its meeting in October 2021: Approved the proposed 2022 HSBA operating budget which includes the following: • The same level of HSBA dues assessed since 2009 through 2021.

• Funding of previously approved community, civic education, and member advancement projects and activities (e.g., courts in the community, Bench Bar, Neighbor Island programs, high school mock trial competition, and elementary students Jr. Judges visits), and inclusion of a line item in the special reserves of $40,000 to accommodate any requests for additional funding as circumstances change with the easing of State and Federal COVID-19 restrictions on large crowd gatherings and travel.

• Projected general reserves of 39% of the operating budget, consistent with the 30%-40% specified in the HSBA Board Policy Manual.

The HSBA Board also took the following actions at its meeting in November 2021: • Adopted an HSBA member’s suggestion to include, in the HSBA’s online judicial evaluations, the date of the judge’s term for the particular evaluation period; • Decided to give notice to members to submit written comments on the proposed amendment to the Rules of the Supreme Court of the State of Hawaii which adds a new section to Rule 17(d)(1) that requires members to answer whether they have a plan for their law practice in case of the member’s death, disability, or disappearance; and

18 January 2022

HAWAII BAR JOURNAL

• Approved the banking resolution which authorizes 2022 HSBA Officers to make monetary transactions on behalf of the HSBA.

Charlene Iboshi (Big Island), Gregory Lui-Kwan, David Raatz (Maui), Ian L. Sandison, Kenneth K.P. Wong, and Michael J.Y. Wong.

2022 HSBA Officers and Directors

Board Vacancies on LASH Board

The following members will serve on the 2022 HSBA Board: President Shannon S. Sheldon, President-elect Rhonda L. Griswold, Vice President Jesse K. Souki, Treasurer Alika L. Piper, Secretary Lanson K. Kupau; and Directors Jocelyn W.C. Chong, Steven J.T. Chow, Vladimir Devens, Jessica R. Domingo, William Harrison, Geraldine N. Hasegawa (East Hawaii), Kristin E. Izumi-Nitao, Carol S. Kitaoka (West Hawaii), Erin M. Kobayashi, Jacob K. Lowenthal (Maui), Emiko Meyers (Kauai), Mark K. Murakami, Paul W. Naso, Zale T. Okazaki, Mark G. Valencia, and Jasmine Wong (YLD).

The Legal Aid Society of Hawaii will have four vacancies on its Board for 3-year terms beginning July 1, 2022.

Qualifications include being knowledgeable about and supportive of delivery of quality legal services to the poor; willing and able to devote time to perform necessary duties; and conscientious, studious, thorough, and diligent in learning methods and problems of the organization.

Duties include governing the Legal Aid Society of Hawaii, whose primary purpose is to secure justice for and protect the rights of the needy and promote measures for their assistance.

Anyone interested in serving in this capacity should submit the following by February 28, 2022, to the HSBA Nominating Committee at nominations@hsba.org: a resume, reason for wanting to serve, and area of law practice concentration. Please note that these positions are uncompensated, and that applicants need to disclose all public disciplinary sanctions. If there have been none, then state that such is the case. Appointments will be made at the HSBA Board meeting in May or June 2022.

2022 HSBA YLD Officers and Directors The following members will serve on the 2022 HSBA YLD Board: President Jasmine Wong, Vice President Lisa Yang, Treasurer Kelcie Nagata, Secretary Nelisa Asato; and Directors Chad Au, Renee C. Arndt (Kauai), Asia Howe (West Hawaii), Lansen Leu, Mallory Martin, Kevin Morris, Ilayda Ossanna, Jill Uehara (Maui), Matthew Weyer, and Shawn Yamada (East Hawaii).

2022 HSBA SCD Officers and Directors The following members will serve on the 2022 HSBA SCD Board: President Gilbert C. Doles, Vice President Charles Crumpton, Treasurer Michael Lilly, Secretary Scott Makuakane; and Directors Michelle Alarcon, Jonathan J. Chun (Kauai), Rosemary T. Fazio,

HSBA Board Welcomes Comment on Judicial Nominees There are currently seven judicial vacancies that will be announced and filled during 2022. The HSBA Board welcomes all members who wish to offer confidential comments on judicial nominees to email membercomments@hsba.org or write to the Board immediately after the

name of the nominee becomes public by the appointing authority. Since the legislative process does not provide for an extended comment period, it is incumbent upon Bar members to submit their comments in a timely manner so that it may be considered in the Board’s deliberations.

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19

CASE NOTES (Continued from page 16) section 14 was flawed. While the cases appropriately examine germaneness in the context of that section, there is a crucial distinction: there is a textual basis for that inquiry, which is lacking in section 15.

The provisions at issue in section 14 (the single subject and subject-in-title requirements) by their very terms require an inquiry into the subject matter of legislation, and in particular, the degree of similarity between different parts of a bill (“but one subject”) and between those parts and the title (“which shall be expressed in its title”).

Haw. Const. art. III, § 14. In contrast, there was no such indication in the text of section 15 that the subject of legislation was relevant to applying the three readings requirement. In conclusion, the plaintiffs’ commitment to advocating for more accessible and open government is admirable. However, they bear a very heavy burden in this case: Act 84 is presumed to be constitutional, and plaintiffs must show that it is unconstitutional beyond a reasonable doubt. Schwab v.

Ariyoshi, 58 Haw. 25, 31, 564 P.2d 135, 139 (1977).

Criminal State v. Cattaneo, No. SCWC-190000644, October 22, 2021, (Eddins, J.).

Michael Cattaneo pled no contest to negligent homicide in the first degree and two drug-related charges. The circuit court accepted his pleas and sentenced him. It imposed two concurrent five-year terms of imprisonment (for the drug crimes), to run consecutively with a ten-year term for the negligent homicide charge. Cattaneo moved under Hawaii Rules of Penal Procedure Rule 35(b) to reduce this sentence.

He wanted his five-year sentences to run concurrently, rather than consecutively, with his ten-year term. Cattaneo supported his Rule 35(b) motion by arguing that his consecutive sentence was harsher than those of two second circuit defendants recently convicted of, and sentenced for, negligent homicide in the first degree.

Haw. Rev. Stat. § 706-606 (2014) identifies the factors courts must consider “in imposing a sentence.” Cattaneo argued that

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one factor courts must consider “in imposing a sentence” was Haw. Rev. Stat. § 706606(4): “[t]he need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.” As such, he reasoned that the trial court, in deciding his Rule 35(b) motion, should have considered the sentences imposed in “comparable cases.” The court denied Cattaneo’s motion to reduce his sentence. And it declined to discuss the “comparable cases” Cattaneo had identified. Cattaneo appealed. He claimed the trial court had abused its discretion by denying his Haw. R. Penal P. Rule 35(b) motion without comparing his sentence to those imposed in the two “comparable cases.” Underlying Cattaneo’s argument is the postulation that courts deciding Haw. R. Penal P. Rule 35(b) motions must consider each Haw. Rev. Stat. § 706-606 sentencing factor.

The ICA affirmed the circuit court’s denial of Cattaneo’s Rule 35(b) motion. It said that courts had to consider the Haw. Rev. Stat. § 706-606 sentencing factors in adjudicating Rule 35(b) motions. And it concluded that the trial court had adequately done so in deciding Cattaneo’s motion. Cattaneo asked the Hawaii Supreme Court to determine whether the ICA erred in “ruling that the Circuit Court substantively considered sentencing factor Haw. Rev. Stat. § 706-606(4) despite clear evidence to the contrary.” The question Cattaneo presented was beside the point. The ICA did not err in affirming the trial court. But its reasoning was off.

The Haw. Rev. Stat. § 706-606 sentencing factors govern sentencing. They do not govern motions for reduction of a sentence under Haw. R. Penal P. Rule 35(b). Thus, the trial court had no obligation to consider “[t]he need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct” – or any other Haw. Rev. Stat. § 706-606 sentencing factor – in deciding Cattaneo’s Rule 35(b) motion.

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Rapozo v. State, No. SCWC-160000532, October 22, 2021, (McKenna, J.). Richard Rapozo (“Rapozo”) appealed pro se from the circuit court denial of his

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eighth Haw. R. Penal P. Rule 40 petition for post-conviction relief. Rapozo was convicted of murder by a jury on April 10, 1979. On May 16, 1979, the trial court sentenced Rapozo to life imprisonment with the possibility of parole and ordered restitution “in the amount of $11,109.33, the manner of payment to be determined and handled by the Department of Social Services and Housing.” In an October 18, 1979 “Notice and Order Fixing Minimum Term(s) of Imprisonment,” the Hawaii Paroling Authority (“HPA”) set Rapozo’s minimum sentence at thirty years, with the condition that “[p]arole shall not be granted until judg[]ment of restitution is satisfied” (“minimum term order”). The HPA denied Rapozo’s parole requests from 2006 through 2013 on the grounds it was not convinced Rapozo could substantially comply with the terms and conditions of parole, without stating why it was not convinced, and recommended that Rapozo participate in various programs. Liberally construed, in summary, Rapozo argued in his eighth Haw. R. Penal P. Rule 40 petition that (1) the trial court erred by ordering restitution without first determining whether Rapozo could afford to pay it; (2) the trial court erred by delegating payment of restitution to the Department of Social Services and Housing; and (3) the HPA erred by denying him parole for nonpayment of restitution. The circuit court denied the eighth Haw. R. Penal P. Rule 40 petition without a hearing on June 21, 2016. The ICA affirmed. The ICA declined to address Rapozo’s argument on appeal that the trial court erred by ordering restitution without determining Rapozo’s ability to pay on the grounds Rapozo had not raised the issue before the trial court in the eighth Haw. R. Penal P. Rule 40 petition. The ICA also ruled that State v. Johnson, 68 Haw. 292, 297, 711 P.2d 1295, 1299 (1985), which held that “[w]ithout express legislative authority, the court cannot delegate the sentencing function to another person or entity,” did not retroactively apply to Rapozo’s sentence.

In summary, the Hawaii Supreme Court held that Rapozo stated a colorable claim that the HPA denied parole due to nonpayment of restitution due to the condition in

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the minimum term order. The Hawaii Supreme Court also held that Johnson clarified an existing legal principle, and therefore did not create a “new rule.”

Family Jacoby v. Jacoby, No. SCWC-170000451, October 27, 2021, (McKenna, J.). This consolidated appeal arose from the rulings of the family court on remand from a published opinion of the ICA. The family court entered a divorce decree on July 5, 2011, after a November 2009 divorce trial between petitioner Nicoleta Jacoby (“Nicoleta”) and respondent Bennett Jacoby (“Bennett”). In relevant part, the family court awarded Nicoleta indeterminate spousal support of $4,000 per month. The family court calculated the spousal support award partly based on a finding that Bennett’s total gross monthly income was $29,402, which included $9,064 in investment income. The family court had, however, also awarded half of the assets generating the subject investment income to Nicoleta as part of the property division. In a 2014 published opinion, the ICA affirmed in part and vacated in part the July 5, 2011 divorce decree and remanded several issues, which included the issue of spousal support, to the family court for further proceedings.

Jacoby v. Jacoby (Jacoby I), 134 Hawaii 431, 341 P.3d 1231 (App. 2014), as corrected (Mar. 24, 2015). In relevant part, the ICA concluded that the family court erroneously included the entire investment income in Bennett’s income instead of allocating half to Nicoleta because the family court had awarded half of the assets generating the income to Nicoleta.

On remand, the family court recalculated the income of the parties; Nicoleta’s monthly income was recalculated as $4,532, half of $9,064, and Bennett’s monthly income was recalculated as $24,870. The family court also reaffirmed Nicoleta’s reasonable monthly expenses as $6,237. The family court concluded, however, that “it would be just and equitable to continue the award of permanent spousal support of $4,000 per month.”

Nicoleta’s resulting total monthly income from the investment income and spousal support was $8,532, exceeding her $6,237

monthly reasonable expenses. Bennett appealed, arguing in relevant part that the family court abused its discretion and erred as a matter of law in awarding spousal support to Nicoleta that exceeded her $6,237 monthly reasonable expenses.

In its April 20, 2021 summary disposition order (“SDO”), the ICA ruled in favor of Bennett. See Jacoby v. Jacoby (Jacoby II), Nos. CAAP-17-0000451 and CAAP-190000664, 2021 WL 1554197 (App. Apr. 20, 2021) (SDO). The ICA did so, however, on the basis that, in Jacoby I, it had remanded for the family court to redetermine spousal support in light of the corrected income assumptions for investment income. The ICA ruled the family court therefore erred by engaging in a new just and equitable determination on remand, as it was not a part of the remand order in Jacoby I. On certiorari, Nicoleta argued the ICA erred by ruling the family court was precluded on remand from engaging in a new just and equitable determination for spousal support. The Hawaii Supreme Court held the ICA erred by setting aside the amended spousal support award order on the basis that the family court was prohibited from doing so on remand because Haw. Rev. Stat. § 580-47(a) (2006 & Supp. 2011) provides family courts with continuing jurisdiction to address issues of spousal support. The Hawaii Supreme Court also held, however, that the family court erred, on remand, by maintaining spousal support at $4,000 a month because it awarded more spousal support than it determined was required to satisfy Nicoleta’s demonstrated needs. The Hawaii Supreme Court also held, however, that the family court abused its discretion by not holding a hearing on remand to determine whether the spousal support amount should have been amended because Nicoleta showed good cause for a redetermination.

Property Gailliard v. Rawsthorne, No. SCWC-160000793, November 19, 2021, (Recktenwald, C.J.). Both parties to this breach of covenant case are property owners in the Alii Heights Subdivision in Kailua-Kona, Hawaii. Plaintiffs alleged that their directly adjacent neighbor, Defendant Elizabeth

Solutions Start Here Rawsthorne, was in breach of a restrictive covenant contained in the Alii Heights Subdivision’s Declaration of Covenants, Conditions and Restrictions for Alii Heights Subdivision, Phase I (“Declaration”). Section 3.14 of the Declaration states: “Trees/Shrubs: Trees, shrubs, bushes, hedges and all other plants on every lot shall be maintained at a reasonable height so as not to interfere with the viewplanes [sic] available to any other lot.” After a With benchthe trial, the circuitincourt equipment ordered that Rawsthorne maintain any p plants on her property at a height not to exceed the roofline of her residence, and They could easily and safely awarded the Gailliards $40,000.00 in p damages plus attorney’s fees in the amount of $28,618.09. The ICA affirmed in a summary disposition order.

The T ICA additionally granted the Gailliards’ motion for attorney’s fees on apnumber of court peal, awarding theThe Gailliards $15,706.00. rRawsthorne’s application for writ of certiorari argued, inter alia, that the ICA erred in awarding the Gailliards appellate attorney’s fees for the total amount requested, as Haw. Rev. Stat. § 607-142 limits the amount a party may receive in attorney’s fees Because to 25% ofthe theannual total award.

The Hawaii Supreme Court agreed and f held that the ICA should have limited its appellate attorney’s fees award to $10,000 - 25% of the $40,000 damages award the Gailliards received. Because Rawsthorne did not appeal the circuit court’s order granting attorney’s fees, the Hawaii Supreme Court declined to address that award.

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Intermediate Court of Appeals Criminal State v. Cardenas, No. CAAP-170000866, October 28, 2021, (Nakasone, J.). Defendant-Appellant Douglas M. Cardenas (“Cardenas”) appealed from the Judgment of Conviction and Probation Sentence, and Notice of Entry (“Judgment”) filed on January 12, 2016 by the circuit court. Following a jury trial, the T circuit court convicted Cardenas of Interference with the Operator of a Public Transit Vehicle (“Interference With Bus Operator”) in violation of Haw. Rev. Stat. § 711-1112(1)(b) (2014),2 and sentenced Cardenas to probation with a twelve-day

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DEPUTY PROSECUTING ATTORNEY AND LAW CLERK VACANCIES

The Department of the Prosecuting Attorney, City and County of Honolulu, is looking to fill vacant deputy prosecuting attorney positions at all experience levels. Applicants must be licensed to practice law in the State of Hawaii and in good standing before the Hawaii Supreme Court at the time of hire. Those waiting for bar exam results are encouraged to apply. The ideal applicant should have strong analytical skills, be comfortable with both oral and written communications, exhibit high ethical standards, and show a commitment to public safety. Salaries start at $75,588. Great benefits package including pension, health coverage, and defined-contribution plans.

The Department is also recruiting law clerks who intend to take the bar exam in February 2022. Law clerks would be in excellent position to be hired as deputy prosecuting attorneys upon passage of the bar exam. Salary is $50,880.

Position comes with full benefits.

To apply, please visit our website at: https://www.honoluluprosecutor.org/employment-opportunities.

jail term with credit for time served. On appeal, Cardenas contended that: (1) the jury instruction on the Interference With Bus Operator offense was prejudicially erroneous and misleading because it omitted the requisite state of mind for commission of the offense; (2) the omission of an Arceo unanimity instruction was prejudicially erroneous and misleading; and (3) the prosecutor committed misconduct during closing arguments by arguing that Cardenas was the only person who had an incentive to lie. Under the circumstances of this case, the ICA exercised jurisdiction over Cardenas’s late-filed appeal where his counsel was plainly ineffective for failing to timely file an appeal of the judgment, and in the interest of justice, where the record also reflected Cardenas received inaccurate information regarding the deadline for an appeal.

State v. Slavik, No. CAAP-19-0000403, October 27, 2021, (Leonard, J.). This case examined, inter alia, the statutory scheme governing firearms, ammunition, and dangerous weapons in Hawaii, in particular, the general regulations applicable to firearms and ammunition. Of particular note, the ICA held that, in the context of Hawaii’s firearm control statute – specifically, Haw. Rev. Stat. §§ 134-2 (2011) and 134-3 (2011 and Supp. 2019) – evidence of possession of a firearm, without more, is insufficient to support a justifiable inference that a defendant acquired ownership of the firearm.

State v. Young, No. CAAp-20-0000524, October 29, 2021, (Hiraoka, J.). This case required that the ICA decide whether Haw. Rev. Stat. § 707-733.6(2) (Supp.

2012) violated the Sixth and Fourteenth Amendments to the United States Constitution. The Sixth Amendment requires a unanimous verdict to convict the defendant of a serious offense. Ramos v.

Louisiana, ___ U.S. ___, ___, 140 S. Ct. 1390, 1395, 206 L. Ed. 2d 583 (2020).

The Fourteenth Amendment prohibits the states from making or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States[.]” Haw. Rev. Stat. § 707-733.6 (Continued on page 28)

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Summary of New Court Rules Designed to Improve Civil Litigation in Hawaii Circuit Courts1 On October 8, 2020, the Hawai‘i Supreme Court entered two orders promulgating amendments to the Hawaii Rules of Civil Procedure (HRCP) and to the Rules of the Circuit Courts of the State of Hawaii (RCCH). These amendments are designed to reduce costs and delay in civil litigation and to streamline the litigation process in Hawaii circuit courts. These amendments will be effective January 1, 2022, and apply to civil cases filed on January 1 or later. The new rule amendments do not apply to cases filed before January 1, 2022, unless the parties agree or the court so orders.2 Rules 16 (Pre-trial conferences; scheduling; management), 26 (General Provisions Governing Discovery), and 29 (Stipulations regarding discovery procedure) of the HRCP were amended, and new Rule 16.1 (Expedited or non-expedited track assignment based on case characteristics; discovery limitations; trial setting) was adopted.

Rules 3 (Form of pleadings and motions), 4 (Parties without counsel), 12 (Scheduling), and 12.1 of the RCCH were amended and new Rules 12.1 (Pretrial statement), 12.2 (Mandatory civil settlement conference; confidential settlement conference letter), 12.3 (Alternative dispute resolution), and 15.1 (Streamlined discovery assistance) were adopted.

The key changes in the rule amendments are summarized below.

Scheduling: • The plaintiff has a 14-day deadline, from the date any defendant is served or appears, to request the court to set a date for a scheduling conference.

• At least seven days before that conference is held, all parties must submit to the court a scheduling conference statement containing such things as: — a short statement of the case — jurisdiction and venue arguments — information regarding whether a jury trial has been demanded — argument as to whether the case is eligible for expedited disposition — a summary of discovery status and related issues.

• All parties are required to attend the scheduling conference, either remotely (either through counsel or personally) or in person, as ordered by the court. Lead counsel and self-represented parties shall be prepared to discuss the following subjects: (A) Service of process on parties not yet served; (B) Jurisdiction and venue; (C) Anticipated motions and deadlines as to the filing and hearing of motions:

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(D) Appropriateness and timing of motions for dismissal or for summary judgment under Rule 12 or Rule 56 of the HRCP; (E) Deadlines to join other parties and to amend pleadings; (F) Whether the case should be assigned to an expedited or non-expedited track under Rule 16.1 of the HRCP; (G) Anticipated or remaining discovery, including discovery cut-off; (H) The control and scheduling of discovery, including orders affecting disclosures and discovery pursuant to Rule 16.1, Rule 26, and Rules 29 through 37 of the HRCP; (I) Further proceedings, including setting dates for additional pretrial conference(s), settlement conference, final pretrial conference, submission and exchange of trial materials, and trial, and compliance with Rule 12.1 of the HRCP; (J) Appropriateness of special procedures such as consolidation of actions for discovery or pretrial, alternative dispute resolution procedures, or application of procedures for cases designated as complex litigation; (K) Modification of the standard pretrial procedures specified by this rule on account of the relative simplicity or complexity of the action or proceeding; (L) Prospects for settlement, including participation in the court’s mediation program or any other alternative dispute resolution process; and (M) Any other matter that may be conducive to the just, efficient, and economical determination of the action or proceeding, including the definition or limitation of issues, or any of the other matters specified in Rule 16(c) of the HRCP. • With limited exceptions, the judge at that conference must consider the appropriateness of alternative dispute resolution and must set a date for a pre-trial settlement conference.

• Following the scheduling conference, the court, absent good cause for delay, must issue a scheduling order within 90 days after the defendant has been served, or within 60 days after any defendant has appeared, whichever is earlier.

•This scheduling order must: — set the date for trial and — set time limits for joinder — set time limits for amendment of pleadings — set time limits for discovery — set time limits for motions.

•This scheduling order may: — set pre-trial conference dates — set deadlines for submission of trial materials — impose parameters on discovery.

Discovery Issues: • Parties must hold a discovery conference at least 21 days prior to attending the scheduling conference and generally prohibit seeking discovery prior to that discovery conference.

• At that discovery conference, the parties must consider the nature and basis of their claims and defenses and the possibility of resolving the case, arrange for disclosures, and develop a proposed discovery plan, with the duty of good faith imposed upon both sides of the litigation.

• Certain initial discovery disclosures must be made within 14 days of that initial discovery conference, including disclosing likely witnesses, copies or descriptions of all documents and tangible items that may be used to support the disclosing party’s claims or defenses, a computation of likely damages, with supporting evidence, and the declaration pages of any insurance agreement which may be liable to satisfy a judgment or act to indemnify or reimburse a party.

• Parties are not excused from this duty by asserting that the party has not fully investigated the case or that the opposing party has not fulfilled its discovery obligations. HRCP 26(a)(1)(E).

• Proceedings exempt from initial disclosure: — foreclosure — cases included in and not exempted from the Court Annexed Arbitration Program established by Haw. Rev. Stat. § 601-20 — agency appeals pursuant to the Hawai‘i Revised Statutes — consumer debt collection — quiet title — asbestos.

• The parties, without awaiting a discovery request, must reveal information no later than 120 days before trial regarding expected expert witness testimony, including written materials pertaining to the expert’s qualifications, and expected testimony, though the amendments also provide trial-preparation protection for counsel’s communications with any expert witness.

• The parties may, with the court’s approval, agree to the use of expedited, streamlined discovery through such measures as letter briefing in lieu of traditional motions practice.

• This process, however, cannot be used unless the parties first confer in person, by video, or over the phone. Email is not sufficient to limit discovery issues.

Expedited Disposition of Some Eligible Cases: • For certain case types, the parties may agree to assign the case to an expedited track, designed to secure the just, speedy, and efficient resolution of the case.

• The decision of the judge to approve the assignment is based upon overarching values of fairness, cost-effectiveness, and efficiency, and weighs such factors as the readiness of the case for resolution, the number of parties, the likely monetary value of the case, the number and complexity of the issues present, and issues related to discovery and witnesses, including imposing limitations on discovery.

Trial: • Trial must commence within nine months after the initial scheduling conference of expedited-track cases and within 12 months for non-expedited-track cases (or within 18 months at the request of a party and depending on certain factors, including the complexity of the case).

• The parties must submit, no later than seven days before a final pretrial conference, or 14 days before trial if no such conference is scheduled, a pre-trial statement, which must include such things as a statement of undisputed facts, a concise summary of disputed facts, a detailed request for relief, points of law, a witness list, a list of trial exhibits, a statement of any unresolved discovery issues, appropriate stipulations, any alternative dispute resolution issues, and an estimate of necessary trial time.

Forms: By order filed on November 18, 2021, the Hawai‘i Supreme Court adopted new forms for the new civil rules, effective on January 1, 2022. The forms, which will be fillable, will be available on the Judiciary’s website on January 3, 2022.

The forms for the Circuit Court Rules include: Notice of Request for Scheduling Conference; [Proposed] Order Setting Scheduling Conference; Certificate of Service; Joint Report of the Parties; and Scheduling Conference Statement of ________.

The forms for the HRCP include: Notice of Request for Scheduling Conference; [Proposed] Order Setting Scheduling Conference; Certificate of Service; and Joint Report of the Parties.

The use of the forms is not required, but if documents are otherwise prepared by attorneys, the documents should be consistent with and in the same substantial format as the official forms.

It is anticipated that an instruction packet will be available online on January 3 as well.

Virtual Civil Town Hall Meetings: On November 4 and 5, 2021, Virtual Civil Town Hall Meetings, sponsored by the Judiciary and the HSBA, were held on November 4 and 5, 2021, as an opportunity to address and discuss with judges and court employees these new civil rules.

If you missed the presentations, the videos may be accessed at the HSBA website at https://hsba.org/TownHallMeetings. __________________ 1

On October 8, 2020, the Hawai‘i Supreme Court entered two orders amending the Hawai‘i Rules of Civil Procedure and the Rules of the Circuit Courts of the State of Hawai‘i. This summary is based upon an email that was sent on October 8, 2020, to various attorneys about these new rules.

2 See Orders filed on March 30, 2021 under SCRU-11-0000051 and SCRU-11-0000632, In re Hawaii Rules of Civil Procedure and In re Rules of the Circuit Courts of the State of Hawaii, respectively.

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CASE NOTES (Continued from page 24) makes it a crime for a person who either resides with, or has recurring access to, a minor, to engage in “three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years.”

To convict under Subsection (2) of the statute, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number. The ICA held that Haw. Rev. Stat. § 707-733.6(2) does not violate the Sixth or Fourteenth Amendments to the United States Constitution.

The ICA also held that (1) the trial court did not commit instructional error; and (2) the offense of Sexual Assault in the Third Degree was not included in the offense of Continuous Sexual Assault of a Minor Under the Age of Fourteen Years.

2022 Hawaii Access to Justice Conference

Deputy Attorney General Vacancy The civil rights litigation and tort litigation divisions of the Hawaii Department of the Attorney General seek to fill vacancies for Deputy Attorneys General specializing in civil litigation.

Applicants must be licensed in Hawaii and a minimum of three years of civil litigation experience is preferred. Please send resume, writing sample, and completed Application for Deputy Attorney General (ag.hawaii.gov/employment/) to:

Department of the Attorney General Civil Rights Litigation Division 425 Queen Street Honolulu, Hawaii 96813 Tel: (808) 586-1494

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Save the date: Friday, June 17, 2022. The Hawaii Access to Justice Conference, sponsored by the Hawai‘i Access to Justice Commission, will be an all-day event, currently scheduled to be held in person at the Law School. Please plan to attend for a provocative discussion and varied workshops that seek justice for the underserved and include extensive audience participation about pressing current issues.

Honorable Nancy Gertner, former Federal District Judge now teaching at Harvard Law School, will be the keynote speaker. Judge Gertner is a well-known author and commentator, and she currently serves on the Presidential Commission on the Supreme Court. Hawai‘i Supreme Court Chief Justice Mark Recktenwald and Second Circuit Judge (ret.) Joseph Cardoza, chair of the Commission, will offer opening remarks.

As usual, free lunch and refreshments and six low-cost continuing legal education credits are expected to be available.

COURT B RIEF S 2021 Jurists of the Year Honored

the administration of justice; and active participation in public service to the community at large.

Per Diem Judges Reappointed Ann S. Isobe, Wilson M.N. Loo, and Paul T. Murakami were recently reappointed as per diem judges of the District Court of the First Circuit.

Isobe’s term is November 4, 2021, to November 3, 2022.

Loo’s is November 4, 2021, to November 3, 2023. Murakami’s is December 21, 2021, to May 20, 2024. He is designated to act as District Family Judge.

Per Diem Judge Appointments Second Circuit Chief Judge Richard T. Bissen, Jr. and First Circuit Court Judge Paul B.K. Wong received the 2021 Jurist of the Year Award from Chief Justice Mark E. Recktenwald on October 29. The presentations were part of the annual employee Incentive Awards Ceremony, which recognizes Judiciary personnel for outstanding contributions to public service.

“Our community has faced extraordinary challenges with the pandemic, and these two judges have not only continued to maintain exceptional judicial competence throughout, but they have gone above and beyond to ensure that the Judiciary continues to provide vital services to the public while ensuring the safety of court users, judges, and staff,” said Chief Justice Recktenwald. “Their calm approach and confident, can-do attitudes enabled us to forge a clear path forward as we responded to the pandemic. In doing so, they have both exhibited superb leadership skills, and are well deserving of this recognition.”

Judge Bissen had a distinguished career in public service before his appointment to the Second Circuit Court by Governor Linda Lingle in 2005. He is a graduate of the William S. Richardson School of Law and has served as Maui County Prosecuting Attorney, as First Deputy Attorney General, and as the Director of Public Safety.

Judge Wong was sworn in as Judge of the District Court of the First Circuit in 2012. He was appointed by Governor David Y. Ige to the First Circuit Court in 2017 and currently presides over criminal felony cases.

The Jurist of the Year is selected annually by the Chief Justice from nominations submitted by Hawaii attorneys and Judiciary personnel. The award recognizes a full-time trial judge who exhibits exceptional judicial competence, evidenced by decisional quality; significant extra-judicial contributions to

Denise Kawatachi was recently appointed per diem Judge in the District Court of the First Circuit. Her term is from November 15, 2021, to November 14, 2022.

Lauren Mei-Siang Akitake and Douglas R. Wright were recently appointed per diem judges of the District Court of the Second Circuit. Their terms will be November 23, 2021, to November 22, 2022.

Curt Shibata Recognized by HJF

Supreme Court Bailiff Curt Shibata was recognized by the Hawaii Justice Foundation at its October 27 annual meeting. Hawaii Justice Foundation chair William Hunt thanked Shibata for orchestrating the mostly virtual event so that speakers throughout Hawaii and the mainland could be seen and heard by the many who could not attend in person due to the pandemic-related restrictions.

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O FF THE R EC ORD Watanabe Ing announced Ross T. Shinyama as the firm’s administrative partner and a partner in the firm’s Litigation and Trial Group and Government and Regulatory Affairs Group. He received his J.D. degree from the William S. Richardson School of Law. Alex M. Chun joined the firm as an associate. He also received his law degree, summa cum laude from the William S. Richardson School of Law. Antony Kim joined Goodsill Anderson Quinn & Stifel as a Litigation Associate. He is a member of the Business Litigation practice group focusing on insurance, class actions, professional liability and real property related litigation cases.

He received his J.D. degree from Southwestern Law School in Los Angeles, California. He clerked for the Los Angeles Public Defender’s Office and Associate Justice Sabrina McKenna. He also served as a staff member on the Southwestern Law School Law Review prior to joining Goodsill.

Tanya David has also joined Goodsill Anderson Quinn & Stifel as a Real Estate/Business Associate Attorney. She will be working in the areas of real estate, corporate transactions, and captive insurance law and will be handling primarily Japanese companies and individual Japanese investors. During law school, she clerked for the Honorable Judge Garret Wong of the San Francisco Superior Court. In 2019, she attended Waseda Law School in Tokyo, Japan. She received her Bachelor of Sciences from Syracuse University with honors and her law degree from the University of California Hastings College of the Law. She served as the editor for the Hastings Constitutional Law Quarterly Journal.

Barron T. Oda returned as General Counsel to the Bishop Museum. He was formerly the museum’s Associate General Counsel and has a specialization in museum law.

Amber Yonamine has joined Damon Key Leong Kupchak Hastert as

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an Associate, practicing in the firm’s Business & Commercial, Real Estate, and Wills, Trusts & Estates practice groups.

She earned her law degree, cum laude, from Willamette University College of Law, where she served as vice president of the Asian Pacific American Law Student Association.

James Lee joined the University of Hawai‘i Foundation Board of Trustees.

He is managing partner of the Devens, Nakano, Saito, Lee, Wong & Ching law firm and CEO of the Aloha Green medical marijuana dispensary.

Judge Melvin H. Fujino, Interim Chief Judge (ret.) and Lester D. Oshiro, Chief Court Administrator of the Third Circuit Court, were honored at the Sixteenth Annual Recognition sponsored by Ku’ikahi Mediation Center and the Hawai‘i County Bar Association in November, 2021.

Former Hawai‘i Supreme Court Chief Justice Ronald T.Y. Moon was presented with the Herbert Harley Award by the American Judicature Society (AJS) Chair, Lawrence Okinaga at the AJS National Conference in November. Former Chief Justice Moon was the first Korean-American to be named a chief justice of any state supreme court in 1993. During his 17-year tenure, Chief Justice Moon initiated a judicial performance program to increase public confidence in the American justice system. A Special Merit Citation was presented to Colin O. Miwa, Senior Counsel at Cades Schutte LLP and a long-time board member of AJS and co-chair of its Standing Committee on Judicial Selection, Retention, and Accountability.

Miwa has practiced in Hawaii for 40 years. He was recognized for his work to protect the independence of the judiciary in Hawaii. The Herbert Harley Award is named after the founder of the AJS and is given to individuals who have made outstanding contributions to improve the administration of justice. The Special Merit Citations recognize projects and

efforts that benefit the judicial system.

David M. Louie had been a civil trial lawyer in private practice for thirtytwo years when he was named Hawaii’s attorney general by Governor Neil Abercrombie in 2010. “From the Desk of the Attorney General” is a memoir that he wrote about his experiences during his time in office from 2011 to 2014.

Representative Scott Saiki became the 48th president of the National Conference of State Legislatures (NCSL).

The NCSL is a bipartisan organization serving the nation’s 7,383 state lawmakers and more than 20,000 legislative staff.

News for “Off the Record” Please send in information about movement within the bar, about elections to various boards, awards, and other news to any one of the editors on the editorial board, Carol K. Muranaka at <carol.k.muranaka@gmail.com> or Cynthia M. Johiro at <Cynthia.M.Johiro@hawaii.gov>.

Articles Wanted If you are interested in writing either a short or long article of general interest to members of the bar, please send your submissions to Ed Kemper at edracers@aol.com; Cynthia M. Johiro at cynthia.m.johiro@hawaii.gov; or Carol K. Muranaka at carol.k.muranaka@gmail.com; or to any of the volunteer editors on the editorial board. All submitted articles should be of significance to and of interest or concern to members of the Hawaii legal community. A short article is approximately 500 to 1,500 words.

The longer law-review type articles are published in a special issue. The Cades Foundation has been gracious and generous in funding this special issue.

These articles exceed 7,000 words.

The Hawaii Bar Journal reserves the right to edit or not publish submitted material.

ATTORNEY WANTED ASSOCIATE ATTORNEY (Transactional) Carlsmith Ball seeks an associate with two (2) to five (5) years of experience in transactional work, including real estate, corporate and finance. Must be licensed to practice law in Hawaii. Please send cover letter, resume, law school transcript, and references in confidence to the attention of Recruiting. Please do not contact office and/or attorneys directly. Job Type: Full-time ATTORNEY Transactional Established downtown law firm seeks attorney to join its dynamic real estate and transactional team.

Minimum 2-4 years of experience in real estate transactional law preferred. Admission to the Hawaii Bar Required. Excellent benefits; Salary commensurate with experience. Submit resume & writing samples in confidence to: Recruiting Committee Case Lombardi & Pettit 737 Bishop Street #2600 Honolulu HI 96813 Recruitingdirector@caselombardi.com CARLSMITH BALL seeks an associate with 3-5 years of experience to join our Maui office.

Primary focus will be on civil litigation and transactional matters, with emphasis on real estate, land use, and corporate law. Experience in motion practice, hearings, or trials in any area of law or government practice a plus.

Interested candidates should submit their cover letter, resume, transcript, and writing sample to recruiting@carlsmith.com.

FARRELL & PERRAULT LLLC has a full-time family law attorney position open for immediate hire.

Benefits include: 1) Monthly Bonus, 2) Health Insurance, 3) Life Insurance, and 4) 401(K). Our practice includes divorce, paternity, restraining orders, child guardianships, child welfare, and family criminal matters. If you are the successful applicant, you will jump into a fast-paced litigation and trial-oriented practice. You will appear regularly in Family Court and be expected to present

evidence, cross-examine witnesses, and make legal arguments. You will have the autonomy of managing your own cases with the support of a team of experienced trial lawyers and non-lawyer staff. We provide on-the-job training. Most of our cases are on Oahu, but a substantial number of our cases are on the Big Island, Kauai, and Maui. Compensation is aggressive and based on productivity. Contact Attorney Tony Perrault at tony@farrell-hawaii .com or at (808) 535-8468.

UNIVERSITY OF HAWAII, Office of General Counsel, seeks Associate General Counsel for employment law (pos. #89411) position.

Applicants must have at least 8 years of experience. For more information, see www.governmentjobs.com/careers/hawaiiedu and search by position number. The University is an EEO/AA employer.

Street, Suite 303, Hono, HI 96813.

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REAL ESTATE/PROPERTY MGMT/AOAO expert. See www.jurispro.com. Search for “Griswold”. Robert S. Griswold, CRE, CPM, CCIM, PCAM, CCAM, GRI, ARM. www.griswoldremgmt.com (858) 597-6100

LEGAL CONSULTING EXPERT WITNESS CONSTRUCTION, 30 yrs; P.E., MS/BS Civil Eng’g, CCM, CEP; excellent written/oral comm; utilities, road, bridge, treatment plant, pump station, transit, multi-story; claims, scheduling, estimating; sj@sjcivil.com, 808-271-5150.

COLLISION RECONSTRUCTION EXPERT, serving all the Islands: 40 years experience, qualified as expert in state and federal courts.

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AOAO, Landlord/Tenant and mold disputes National Building Expert. Best Selling Author. https://expertwitness.now.site 808-422-2132

LEGAL NURSE CONSULTING Assistance in managing the medical aspects of your case.

Legal Nurse Consulting, Life Care Planning, & Workers’ Compensation Nurse Case Management. Cynthia L. Fricke, RN, BSN, CCM, CLCP. (808) 253-0232. www.islandlegalnurse.com frickec001@hawaii.rr.com

OFFICE SPACE AVAILABLE IMMEDIATELY – Office in suite leased by Michael Green with ocean view of HNL harbor with potential for criminal and civil case referrals. Includes shared use of conference room, kitchenette, reception area, fax machine & printer; front office answering service optional; parking available.

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PPREMISES SECURITY EXPERT Case Evaluation • Expert Witness • 45 Expert Retentions • CourtQualified in Hawaii 1st, 2nd & 5th Circuits • Consulting (surveys, documents, procedures, design) Albert B. “Spike” Denis, CPP, CFE. Pacific Security Group LLC. 1050 Bishop

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