2025-05-23 Merit Appeals Board Minutes

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Merit Appeals Board May 23, 2025 CHR. CABANAS: Yeah, just for the record. Yeah. MR. LEE: I'm cognizant of Mr. Hong's arguments about the right to an attorney and I think they're good points, but I think this is a question that comes up in civil litigation because there is no right to an attorney, right? There's only a right to an attorney in criminal proceedings. And I think we can all think of certain civil actions, including ones before this Board, that do involve the need an attorney in order for just to have their day before the Board or in court. But I think the reason why the American Rule exists is because —well, sorryI just lost my train of thought. But just to point out that there is no right to an attorney in civil actions and that the American Rule does apply in those civil actions. So, even in a case where a litigant is successful in a you could say, in a very unjust situation they're not entitled or they have to bear their own fees and cost. So, I think I'll rest it there. I lost my train of thought. I apologize. CHR. CABANAS: Okay, thank you, Mr. Lee. Okay, so we do have a motion on the floor with a second —Mr. Thomas had a question. Your light is on, do you have another question? Okay. Any further discussion? Okay. If not, I'll start a rollcall vote with Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Thomas. MR. THOMAS: Aye. CHR. CABANAS: Ms. Cabanas —aye. Motion carried for the Board to enter into executive session. It is now 10 a.m. So, I'm going to ask that the Hilo Council Chambers be secured for the Board to enter into executive session with present Members, our Secretary -Reporter, and our —Mr. James Halvorson from the Office of the Attorney General. If everyone else could wait outside of the Hilo Council Chambers and Glynis will secure the Hilo Council Chambers room. RECESS: The Chair called for a recess at 10:00 a.m. Page 23