Bishop to Bronster:
Her office says the estate is usingBy Jim Witty
noncompliance of subpoenas
followed by delaying tactics
The attorney general wants the Circuit Court to compel Bishop Estate to comply with its subpoena of trust records, while the estate is asking for a "more definite statement" of the areas being investigated by the state.
In a document filed recently in Circuit Court, estate attorneys also reiterated their request that the court keep information disclosed during the attorney general's investigation away from the public.
So goes the flurry of filings as the two sides prepare to face off in court on several occasions this month.
The attorney general is investigating trustees' management of the charitable trust and allegations they've breached their fiduciary duties.
Monday, Attorney General Margery Bronster requested that the court order Bishop Estate to turn over a roster of employees and a list of total amounts independent contractors billed the trust since 1993.
"It appears that the trustees are determined to obstruct the attorney general's investigation of breaches of fiduciary duty by the combination of noncompliance of proper subpoenas followed by delaying tactics in this court," wrote Deputy Attorney General Larry Goya.
Goya also said the trustees are at a "zero compliance" level with all the state's subpoenas.
Bishop Estate attorney Bill McCorriston has argued that confidential or proprietary information on the trust's business dealings should not be made public. He said they're willing to turn over documents if Bronster abides by Probate Court guidelines that protect sensitive information.
A hearing on the state's petition is scheduled for Oct. 28 before Judge Kevin Chang.
Bishop Estate attorneys have resumed their call for a protective order governing information turned over in the investigation and claimed subpoenas issued by the state are overly broad.
According to court documents, Bishop Estate is also asking that an attorney representing the trust be present during the questioning of subpoenaed witnesses by the attorney general.
A hearing on the Bishop Estate motion is set for Oct. 22.
This afternoon, Chang was scheduled to hear a request by the attorney general's office to compel Bishop Estate to turn over minutes of trustees' meetings from January 1993 forward.
A hearing is also slated for Oct. 24 to consider the estate's request to keep confidential or proprietary information from the public.
Bronster to Lindsey:By Harold Morse
Dont ignore subpoena
State Attorney General Margery Bronster has filed a Circuit Court motion seeking a court order compelling Bishop Estate trustee Marion Mae Lokelani Lindsey to comply with an attorney general's subpoena issued last month.
Attorney William McCorriston, representing the Bishop Estate in recent controversy over its management of Kamehameha Schools, later called the filing a publicity stunt.
The subpoena called for Lindsey to appear for examination under oath concerning "Kamehameha Schools/Bishop Estate and allegations of financial mismanagement and breaches of fiduciary duty by trustees at Bishop Estate."
The memorandum supporting the motion says Lindsey did not comply with the subpoena because attorney William McCorriston advised her not to, although there had been earlier indications Lindsey would abide by the subpoena.
A memorandum in support of the motion concludes: "The attorney general should not be subjected to Lindsey's shell game with counsel. The Lindsey subpoena should be enforced because it is proper . . . and the belated refusal to comply was improper."
"I guess my reaction is it must be a publicity stunt," McCorriston said in response to yesterday's filing.
"The matter is already before the court in one of our petitions. So it's really unnecessary and a waste of paper because the judge has already set a hearing on our petition to determine the scope of Mrs. Lindsey's responsibility to respond to the subpoena," he added.
Bishop Estate Archive