The Legislature was right in giving final passage to a law intended to protect teenagers from being sexually exploited by adults. Governor Cayetano may have been correct in asserting that the law is flawed but that can be corrected by amendment in the next legislative session and, meantime, by judicial and prosecutorial discretion. Historic override
vote on consent
was right moveThe issue: The Legislature has voted
overwhelmingly to override Governor
Cayetano's veto of a bill that raises the
age of consent for sexual relations
to 16 from 14.A critical question is the political fallout. Not only was this the first time in this state's history that a governor's veto has been rejected but, more important, it was nearly unanimous with Democrats of the governor's majority party joining forces with the Republican minority.
Of 25 senators, 23 voted against the governor, one voted for him and the last was excused. In the House, 48 of 51 representatives voted against the governor and three were excused. It takes two-thirds of both houses to override. Only Democratic Sen. Les Ihara representing Kapahulu-Waikiki voted to uphold the veto.
While it's too early to do more than speculate about the repercussions of this vote, it would seem that the Democrats are running scared with almost all statewide offices coming open in the elections of 2002. The Republicans had turned the bill on sexual consent into a lively issue as they sought to make inroads into the Democratic stronghold by giving voters an alternative to 45 years of Democratic rule. Evidently, the Democrats feared a backlash would be the consequence of a failure to overturn the governor.
His political standing may have been damaged, making it harder for him to govern for the rest of his term, but he has little to lose in the long run because he cannot succeed himself.
The speaker of the House, Calvin Say, Democrat of Palolo Valley-Kaimuki, said: "Any political exploitation of this situation would be reckless and disgraceful." In the world of realistic politics, that's like saying the sun shouldn't come up in the east.
On consent, the new law makes it a felony for an adult to have sexual relations with a teenager known to be younger than 16, provided the adult is five years older than the teenager and the two are not married. The minimum age for marriage in Hawaii is 18, although 16- and 17-year-olds can marry with the permission of both parents of each. For a 15-year-old to marry takes the approval of a judge in addition to the parents.
A young adult convicted under the new law could face up to 20 years in prison. That was among the governor's objections to the law, contending that might be unjust to 19- and 20-year olds. If that is too harsh, the Legislature should revise the law next year. Meantime, prosecutors need not seek long sentences nor judges hand them down.
ANDY Mirikitani's failure to make clear when he plans to vacate his seat on the City Council following his felony conviction leaves the Council in an awkward situation and his constituents in need of full representation. Further evasion and refusal to resign should cause residents of Mirikitani's district to prepare a recall petition to force him from office if he embarks on legal challenges that could delay his ouster. Recall may be in order
if Mirikitani won’t resignThe issue: City Councilman Andy
Mirikitani has declared that he does not
intend to resign after his felony conviction."At this time," Mirikitani said in a written statement, "it is not my intention to resign from my position on the City Council." However, the statement added, "At this juncture, I do intend to resign from my committee assignments." He has been chairman of the Cultural Affairs Committee and sits on three other committees.
State law requires that Mirikitani be dismissed from office at the time of his sentencing in December for his conviction last week of receiving kickbacks from two employees in exchange for bonuses. Federal sentencing guidelines indicate he faces a prison term of 18 months to two years.
Mirikitani plans to appeal the conviction and, despite the state law, conceivably could argue that his ouster should be put off until his appeals are exhausted. The sentencing date may be delayed for a short time, but appeals could last through Mirikitani's term, which expires in January 2003.
Council Chairman Jon Yoshimura said he believes Mirikitani has not accepted the federal jury's verdict and also "is in need of a paycheck" to pay his legal expenses. His salary as a city councilman is $42,500. Mirikitani, 46, is a lawyer but faces disbarment if his conviction is upheld.
Mirikitani represents Makiki, Manoa, McCully, Moiliili, Tantalus and part of Kakaako. His statement promises that he will "handle all constituent concerns and voice constituents' concerns at Council and committee meetings." He fails to realize that his political effectiveness has been shattered.
"I think Andy should step down for the good of his constituents, for the good of the Council and for Andy's own good," Yoshimura says.
The City Charter provides that a petition bearing the signatures of 10 percent of the voters in Mirikitani's district, or about 4,000 voters, could be used to force a recall election. While a recall election and subsequent election to fill the vacancy could cost $600,000, the process may be the only way to release Mirikitani's grip on the Council seat. His resignation would be preferable.
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