2006-12-13 Board of Ethics Minutes Regular Session

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Board of Ethics Minutes - Regular Session December 13, 2006 b. Communication No. 2006 -105: WJ: I believe that we need some discussion on this, because in the second to the last paragraph they ask for our support. AL: Yeah. I have a meaning question about the last line on the first page, I guess this is for Bobby "...that county may not lawfully confer jurisdiction on the state courts." Tell me what that means. BLT: Well, it means that the county cannot create causes of action that have already been created by state law and then say "district court you will hear these, and circuit court you will hear those." AL: That is what I thought, but I just wanted to make sure. They can't say "This goes to you" right? BLT: I do note that the circuit court here has heard at least two or three impeachment cases and the issue of jurisdiction has never been raised, so this came as a surprise. But when we did look at the state law it does seem there could be some ambiguity about whether they have jurisdiction or not. Because it is not strictly, one could argue, that it is a civil action. It is not criminal. They are either criminal or civil, and this is a civil action so therefore the court has jurisdiction. I guess the county in Honolulu is looking at it as kind of a unique, something that is not the normal type of civil action. We could argue if someone raised it, that the circuit courts have jurisdiction over all civil matters, but it certainly wouldn't hurt to make sure the law clearly stated that since there is at least one county that is concerned about it. KS: Are there county laws that would have to be changed because of this? BLT: No. KS: No. BLT: This would just be a state law that would clearly state that they have jurisdiction. If there is a bill and if it is worded..., and if the title is broad enough there might be an opportunity to clarify court jurisdiction over other county issues. There has been some concern over whether when the county issues civil fines and then we go for enforcement action whether the courts can help us, whether they have jurisdiction, I think they do, but (inaudible). AL: They are asking us to support their efforts to change this law to give circuit courts jurisdiction, and they are just adding this (4), right? ((4) Actionse or impeachment of county oflcers who are subject to impeachment.) WJ: So what would be your advice in this matter? 2