Big Isle lawyer says
term limits are void

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HILO >> A Big Island attorney told a Circuit Court judge yesterday that term limits passed by voters eight years ago are void.

Brian De Lima pointed to wording in the County Charter that says an amendment "shall become effective at the time fixed in the amendment." Because the term limit amendment did not contain the date, it is void, said De Lima, who represents County Council Chairman Jimmy Arakaki.

The issue is whether Arakaki can run for one more two-year term. He has been on the Council since 1990.

Three Big Island voters, including Arakaki's election opponent Ollie "Ole" Fulks, sued to block Arakaki, saying voters approved limits in 1996 and that the eight-year limit arrives this year. Arakaki says the measure went into effect in 1998, so his limit comes in 2006.

David Kimo Frankel, representing the three plaintiffs, said he would respond to De Lima's contention later. Yesterday, he said he wants new ballots printed, without Arakaki's name.

Otherwise, Arakaki might win and the three plaintiffs would appeal, which would take years, Frankel said. Meanwhile, with Arakaki on the Council, every action the Council took would be subject to reversal and create years of uncertainty, he said.

Circuit Judge Glenn Hara did not resolve the matter yesterday. But there will be a hearing on the plaintiffs' motion for summary judgment on Sept. 3.

The purpose of yesterday's hearing was a request by the plaintiffs to speed up answers to questions like how long Arakaki has been in office and who appoints the county clerk.

County Attorney Joseph Kamelamela told Hara he could not give quick answers, which brought an accusation of "game playing" from Frankel.

Hara said he would rule later on whether he would compel Kamelamela to provide the answers quickly.

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