The Hawaii Supreme Court has ordered a circuit judge to decide whether Lanai Councilman Sol Kahoohalahala should keep his job depending on where he lives.

Maui Circuit Judge Joseph Cardoza ruled last year that several residents contesting Kahoohalahala's residency needed to go through impeachment or recall proceedings.

But the Supreme Court said the recall and impeachment were inappropriate because the Maui County Charter requires immediate forfeiture of office if a Council member violates residency requirements.

Several residents who filed the lawsuit challenged Kahoohalahala's residency on Lanai and alleged he lived in Lahaina, Maui, with his wife prior to running for the Council seat. Lanai is part of Maui County.

Attorneys representing both parties differ on what should happen once the lawsuit returns to Cardoza's court.

Ben Lowenthal, an attorney representing Kahoohalahala, said there are many questions that still need to be resolved by Cardoza about the Supreme Court decision.

Lowenthal said the Supreme Court's ruling does not require Kahoohalahala to step down immediately. He said the court made no findings that Kahoohalahala violated residency requirements when he ran for the island seat in 2008.

“;No court of law has declared, nor found Mr. Kahoohalahala a nonresident of Lanai,”; Lowenthal said.

Lowenthal said the residents who want Kahoohalahala removed still have to put on a case.

Lowenthal said the county Board of Registration in 2008 found insufficient evidence of residency by Kahoohalahala for voting purposes in the general election on Lanai. He said since then, Kahoohalahala has demonstrated to county authorities that he is a resident of Lanai.

Attorney Kenneth Kupchak, representing several Lanai residents, said he felt the decision means the Council member must vacate office immediately.

Kupchak said the Charter requires a Council candidate for the Lanai seat to be registered to vote as a resident of Lanai and the Board of Registration has ruled Kahoohalahala was ineligible to vote as a Lanai resident.

“;Right now, I'm very pleased,”; Kupchak said.

Lanai resident Ron McOmber said based on his understanding of the Supreme Court decision, he feels justice has been served.

“;It's a great day for people who play by the rules,”; McOmber said.

Kahoohalahala and county Corporation Counsel Brian Moto did not return telephone calls.

County Clerk Jeff Kuwada, who assumed his office last October, said he needed time to review the decision.