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2019-10-09 Regular Session Minutes
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2019-10-09 Regular Session Minutes
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ahead and prosecuted these cases...do you think that would give <br /> cause for people to appeal their cases? In other words, even <br /> though the ethics...Board of Ethics found there would be no <br /> conflict...we think there is we...we want to appeal. So we go to a <br /> judicial body to ask...they review all the stuff that we've reviewed <br /> here. <br /> Mr. Roth: People ask me all the time...can I get sued for something like <br /> that...and whatever you do...you live in America...you can sued <br /> for anything. You can get sued technically for giving the opinion <br /> that you're giving. That doesn't mean they're gonna win. Could <br /> they appeal this? Absolutely, could they appeal it...they could <br /> appeal it. Do I think they could win on an appeal? Absolutely not. <br /> I don't think that there's any grounds for them to win on that. And <br /> I think...looking at the most recent case...again with Judge <br /> Amano...making her decisions and having her membership in <br /> Imiloa... I think the precedent is that we would win on that...just <br /> that case alone. <br /> Mr. Robinson: I was thinking more of an appeal for...say he prosecutes someone <br /> and then they get a sentence...and then they appeal that on the <br /> basis of...you were actually conflicted and this board gave a wrong <br /> opinion. <br /> Mr. Roth: So again. They could appeal. The standard that they'd have is so <br /> great that I do not think they would win. I mean we live in <br /> America like I said. Every criminal case I do...our office <br /> does...there's room for appeal. <br /> Mr. Wiseman: It's doubtful an appeal like that would even proceed. It could be <br /> thrown out at the outset as a frivolous lawsuit. And so long as...I <br /> mean...they would have to challenge your authority. <br /> Mr. Roth: Right. <br /> Mr. Wiseman: Have any legal basis of an appeal that they were wrongly <br /> prosecuted...the wrong person. The ethics...I don't think could <br /> enter into an appeal. <br /> Mr. Roth: But...it's interesting...you're always...you know...every case we <br /> have...there's appeals and they could probably sneak that in as <br /> another issue. But I don't think they would succeed on that. <br /> Mr. Robinson: Those are the questions I had. Any other questions from Board <br /> Members? <br /> 29 <br />
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