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seem that she could not be fair because of her membership at <br /> Imiloa and I think you'll agree with me that a judge...much more <br /> than a prosecutor in a case...the issue of impropriety is a lot <br /> bigger...and so that, I think sits a little bit more. The other thing <br /> that should be understood...in my research...in our office's <br /> research...not a single case that we're dealing with has TMT either <br /> as a victim or as an offender. We're dealing with obstructing <br /> government operations. <br /> Mr. Wiseman: Yeah. <br /> Mr. Roth: So we could not find a single case in the country that was like <br /> this...where you say...look this is a secondary thing that is related. <br /> We did that because...it's like this decision...whatever decision <br /> you make...it's gonna be criticized. But for the time being...we <br /> said look...let's take the high road...we'll take the whole office <br /> out...we believe there's going to be more cases and it's not that <br /> I'm taking a position on what we should do...the Charter says you <br /> shall prosecute the cases of the State of Hawai`i. <br /> Mr. Wiseman: Right. <br /> Mr. Roth: You might... Oath of office... I would try take very seriously. <br /> The other thing that happens...on this is...what happens if one of <br /> these people up there is a victim of a crime? Does that mean I <br /> have a conflict that I can't prosecute that case? If one of the <br /> sheriffs for example...assaults one of these people...would I have <br /> to conflict that case? My ask, at the end of the day...is that you <br /> comeback and I hope you'll agree with me that there is no <br /> conflict...the office doesn't need to be conflicted out. But for <br /> procedural justice purposes...for the purposes of giving people <br /> faith in the judicial process...until this decision has been <br /> made...we felt the cleanest way possible forward is to conflict the <br /> office out. It's possible you say...well look...because of your wife <br /> and your son's position and because of that volunteer work that <br /> you do for this STEM group...you should conflict out and have <br /> your first deputy take charge of these cases. Which you know <br /> we're prepared to do that as well. <br /> Mr. Wiseman: And as you know that, that's been quite successful among many <br /> law offices and firms around the country. <br /> Mr. Roth: Oh yeah. And we're prepared and we're actually making you <br /> know...arrangements for that. But we want to make sure that you <br /> know...we're as transparent as possible and acting as ethically as <br /> possible. <br /> 19 <br />