Kokua Line
By June Watanabe
Friday, October 16, 1998
Kokua Line
Can the public remove a judge from office? Judge Sandra Simms apparently is sympathetic to criminals and convicts. Her sentences are very lenient. What can the public do to express their concerns? Whom can we write or call to show how we feel? Public has no vehicle
for recall of judgesThe simple answer to your first question is no, explained Gerald Sekiya, chairman of the Commission on Judicial Conduct.
There is no provision for the public recall of judges in Hawaii.
However, there is a retention process for judges. Judges are appointed to 10-year terms, except for District Court judges, who are appointed to six-year terms.
If they wish to be reappointed, "at that time, the public can give input" to the Judicial Selection Commission, Sekiya said. "That is publicized."
What needs to be distinguished here is the kind of judicial conduct that's being scrutinized. You indicate you are dissatisfied with Judge Simms' "sympathetic" sentencing in recent cases. That boils down to a matter of judgment, Sekiya noted.
The Commission on Judicial Conduct deals strictly with the misconduct of judges "as opposed to judgment and discretion," he said.
"Anything that is covered within the judicial process by an appeal on the merits of a case is outside the jurisdiction of the judicial conduct commission," he explained. For example, the legal basis for a ruling or sentencing is something that would be covered on an appeal and would be handled by the attorneys involved within the case.
Is the state Employees' Retirement System in the home mortgage business? I read in the Star-Bulletin that the ERS filed suit against former House Speaker Daniel Kihano and his wife to recover mortgage money on their Ewa property. The suit said a $216,000 promissory note was transferred from Finance Factors to the ERS in 1996 and that the Kihanos stopped making mortgage payments. Why didn't the ERS not notify all participants about this loan being available? Or is this available only to big shots? The ERS has, since the 1960s, offered mortgage loans to members -- state and county employees and retirees, said ERS administrator David Shimabukuro.
While the ERS provides the financing, it "out-sources" the mortgage loan program to participating banks and savings and loans, he said. Most financial institutions do participate by servicing and administering the loans, he said.
"Mr. Kihano was a state employee and, like any other (ERS) member, had to meet the same criteria (for qualifying for the mortgage loan)," Shimabukuro said. "Everyone is treated the same."
If you are interested, just ask your financial institution about the ERS Mortgage Loan Program.
Auwe to the pigs who fished all day on Labor Day at "Leftovers" on the North Shore, then left all their trash on the beach. What can be done about people like that? Do police have to witness them littering to enforce the law, or can I call their license numbers in?
The best thing is to notify police at 911 as soon as you notice the violation, said Police Capt. Stephen Kornegay of the Wahiawa District. But getting the license number and sending it in to police "is helpful," he said.
That way, police can track down the registered owner. No citation can be issued because police did not witness any violation, but at least, they can be counseled as to what the law is, Kornegay said.
Since changing my telephone number two years ago, I've had two to three calls a day for Sacred Hearts Academy. It is too humbug for me to change my number, so those of you calling Sacred Hearts, please dial carefully. -- No name Auwe
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