New bill targets Any elected official found guilty of a crime while in public office would have to step down upon conviction, not sentencing, under a bill moving forward in the state House.
guilty legislators
The measure would remove
lawmakers after any convictionBy Pat Omandam
pomandam@starbulletin.comThe measure addresses the public-trust issue raised when former Honolulu City Councilman Andy Mirikitani was convicted last July 3 of federal bribery, theft, extortion, wire fraud and witness tampering.
Even though he was found guilty, Mirikitani remained in public office until last December because state law did not require him to step down until he was sentenced.
He is the highest-ranking public official in Hawaii to be convicted of a federal crime. Mirikitani began serving a four-year, three-month sentence last month at a prison camp in Nevada.
"I think it's needed because people say that he still has the privileges and benefits of public office even though he's convicted by a jury of his peers," said state Rep. Joe Gomes (R, Waimanalo), a member of the House Legislative Management Committee, which sent the bill yesterday to the House Judiciary Committee.
"It just casts a cloud over the whole public office, and it's the office, not the person, that we're most concerned with this bill," Gomes said.
Jean Aoki, legislative chairwoman of the League of Women Voters of Hawaii, said this measure sends a strong message that legislators are aware of their responsibilities as leaders to set standards of conduct and to take responsibility for their transgressions. Others agree.
"If someone is convicted, there is no reason to delay their removal from office," said Larry Meacham, spokesman for Common Cause Hawaii.
"Sentencing may take place several months after conviction, as in the recent City Council case, and result in the convicted party participating in votes, etc. This should change," he said.
The bill, which has the initial support of 31 of 52 state representatives, cleans up state law to make it clear elected officials shall be removed from office upon the day when the person was found guilty by a court or jury.
Current law allows them to remain in office until they are sentenced.
Still, not everyone favors the plan. The state Office of Public Defender has opposed the bill because it says every citizen should have the right of due process that affords them some time after being found guilty to challenge the decision or push for a fair sentence.
House Majority Leader Marcus Oshiro (D, Wahiawa) added he is worried current succession laws that kick in to replace the convicted public official do not have provisions to allow elected officials to be re-seated if they are successful in overturning a conviction.
Robert Watada, executive director of the state Campaign Spending Commission, said he supports the bill because current state campaign spending laws already ban any convicted elected official from running for office again for four years.
Meanwhile, the committee deferred until next week action on a campaign reform bill that would forfeit the retirement benefits of any current elected official convicted of a crime. Some members felt the action may be too severe for career politicians and will change it to make it more acceptable.
One change discussed is to forfeit only that portion of the retirement benefits from the time the crime was committed.
After 11 years as a councilman, Mirikitani is eligible to begin receiving benefits from the Employees Retirement System.
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