Harris donor sues
for legal fees

Lex Smith claims he spent
$184,000 to win his case
against the spending commission

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By Rick Daysog
rdaysog@starbulletin.com

A lawyer who successfully sued the state Campaign Spending Commission for violating his constitutional rights wants to bill the commission more than $184,000 for his legal expenses.

In papers filed last week in federal court, Lex Smith said he is entitled to the attorney fees after U.S. District Judge Helen Gillmor issued permanent and preliminary injunctions earlier this year against the five-member commission for its enforcement of a state law limiting political contributions for overlapping races.

"This expenditure would not have been necessary had (the commission) taken any of the numerous opportunities they had to cease their unconstitutional behavior," Smith's attorney Bert Kobayashi Jr. wrote.

Deputy Attorney General Gary Kam said he has not examined Smith's billings but said he will probably contest the amount the attorney is seeking.

Smith, who was appointed to the city Ethics Commission by Harris, sued the commission in February, saying the state agency wrongfully barred him from donating the $6,000 legal limit to Harris' gubernatorial campaign because he gave money to Harris' mayoral campaign two years ago.

Smith, who gave $3,000 to the Harris campaign during his 2000 mayoral campaign, said the commission violated his constitutional right to free speech by treating him differently than a contributor who did not give money to Harris' mayoral race.

The commission has argued that contributions made to Harris in the 2000 mayoral race should be counted toward this year's election since the four-year period for the 2000 mayoral race overlaps with this year's gubernatorial race.

Harris had been the Democratic front-runner for the governor's race this year, but he quit the race on May 30.

Under federal law, a person can recover legal fees if a government agency deprives them of their constitutional rights. Gillmor, who will review Smith's request for legal fees, has ruled that the state law is unconstitutional.

Smith's legal expenses do not include those incurred by the Harris campaign, which joined the local attorney's suit.

The Star-Bulletin reported Wednesday that the Harris campaign paid nearly $200,000 in legal and consulting fees to defend itself from the commission's investigations.

William McCorriston, an attorney for the Harris campaign, said those fees resulted largely from the federal court suits and were the result of "erroneous interpretation of the state campaign spending law" by commission Executive Director Robert Watada.

"It's no secret to the Harris campaign that Bob Watada was out to get him," McCorriston said. "It probably cost him the opportunity to run for governor of Hawaii."

Watada declined comment.