|
WATANABE: Mr. Torigoe.
<br />TORIGOE: Thank you, Mr. Chairman. Well, you know, it’s a matter that Mr. Lim as
<br />an attorney licensed in Hawaii would have to deal with under the Hawaii Rules of Professional
<br />Conduct, and so really it’s a matter that is between Mr. Lim and the Office of Disciplinary
<br />Council. There are provisions in the rule by which in some cases you may be able to get a
<br />waiver of any potential conflict or actual conflict to some extent. But I wouldn’t ask the
<br />Commission to try and judge that; I would basically just ask Mr. Lim if he has resolved the
<br />matter with Mr. Fernandez – and Mr. Fernandez also, you know, whether there is any issue of
<br />conflict of interest that needs to be settled, if Mr. Lim is going to proceed as representing the
<br />applicant here.
<br />WATANABE: A follow-up to that, Mr. Torigoe, this in no way would affect any of the
<br />decisions that we may make in accordance, because it’s really between Mr. Lim, the applicant
<br />and the intervenor. Is that correct? So to that end, any decisions that the Commission makes are
<br />not affected by that.
<br />TORIGOE: Well, again, that’s something that, first, I would like to ask the parties
<br />whether they worked that out. Ultimately, you know, there is a possibility that if Mr. Lim should
<br />have recused himself from representing the client, and if you guys make a decision, ultimately
<br />there is a possibility that the decision in some way could be questioned.
<br />WATANABE: Okay, thank you. Mr. Alameda.
<br />ALAMEDA: Thank you, Mr. Chair. The impression I get is that right now he is a
<br />potential intervenor, and the request kind of sounds like reducing to a potential testifier. So you
<br />know, in terms of granting standing, it doesn’t seem like he really wants standing, but he just
<br />wants to have a voice on the record so that we see his side of the story. So we could reduce this
<br />to just testimony, from what I understand.
<br />WATANABE: Potentially that could happen. Now, let me ask Counsel. Mr. Torigoe,
<br />would you comment on that? Because, you know, if we don’t grant standing, we just give him
<br />testimony, can he then come back later on, because the decisions don’t go quite his way, and say,
<br />hey, I object now?
<br />TORIGOE: Right. Well, that’s something that Mr. Fernandez should be fully aware
<br />of, you know, if he decides. Basically, if you would like to take him up on what seems to have
<br />been his statement that he doesn’t really want to make a big deal of this, he just wants to have his
<br />say, since he’s already filed the petition, then basically you would ask him to withdraw his
<br />petition. In order for him to do that, you will make sure that he understands what he is giving up
<br />at this point, which ultimately, you know, I would say you should consult your own legal counsel
<br />before making that decision. But basically, you know, if you have the right to be an intervenor
<br />in a contested case, which usually adjoining landowners are given that right, then you would
<br />have the right under the Planning Commission Rules to engage in a trial-like proceeding in
<br />which, you know, you can present evidence, you can cross-examine the other side’s witnesses,
<br />and very importantly if things don’t go your way at the Planning Commission, then you could
<br />EXHIBIT B
<br />6
<br />
<br />
|