2018-12-19 Merit Appeals Board Minutes

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Merit Appeals Board December 19, 2018 CHR. NAHUINA: But he doesn’t have counsel coming, so— MR. BRILHANTE: Not to date. MS. NAMAHOE: Is he required to inform you if he does bring counsel? MR. BRILHANTE: Not necessarily. He can show up, but it’d be better off for him to have—if he’s going to retain an attorney—to have that attorney work on the case prior to the hearing date with the submission of exhibits and witness lists (inaudible)—but he’s not required. Sometime—oftentimes, what we see and what has happened previously is that the appellant will come to the hearing. And then, at the hearing, they’ll say, “Oh, I just retained counsel, can I have additional time to prepare for it.” MR. CHILLINGWORTH: Ah-hmmn, for sure. MR. BRILHANTE: Sometimes that happens, so— MR. CHILLINGWORTH: Yeah, that’s happened. CHR. NAHUINA: I can see that where he feels he’s in over his head. He needs to retain counsel—maybe ask for a recess. Okay. Now that—thinking of that, if I extend February to March, does that create a problem if he extends past the continuance and we start it in February? Let’s say we start, but then he asks for a continuance—and then, my term finishes? MR. CHILLINGWORTH: When is your term up? CHR. NAHUINA: Well, today. MR. YOSHIMOTO: You’re going to extend to the 90 days. CHR. NAHUINA: When Glynis very politely asked me and I said, “Sure, we can extend to another three months”—I cannot say, “No” to Glynis, of course. So— MR. TAM: Six months. MS. NAMAHOE: I just forgot to breathe here. CHR. NAHUINA: But—am I correct in my timing? MS. YAMADA: Correct. CHR. NAHUINA: Okay. So, I wanted to—I want to ask that question—does that— MR. BRILHANTE: That’s a question to J but— Page 8