2006-12-13 Board of Ethics Minutes Regular Session

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Board of Ethics Minutes - Regular Session December 13, 2006 BLT: I would say that it doesn't hurt to support their action. What they are going to do is introduce legislation. When that legislation comes up for hearing at the state legislature the board would send in a letter of support, basically stating that you want to clarify any ambiguity in the laws as to whether the courts have jurisdiction and you want to make it clear that the circuit courts have jurisdiction over impeachment matters. WJ: And you are right, on the last page it is just (4). AL: It is just number (4). "Actions for impeachment of county officers who are subject to impeachement. " BLT: What I argue is that impeachment of a county official is a civil action included under number (3). (Civil actions and proceedings, in addition to those listed in sections 603- 21.6, 603 -21.7, [and] 603 - 21.8.) I think what they were concerned about is whether someone could argue whether impeachment, because it is a very specific type of action, might not be included in the normal understanding, or normal definition of a civil action which is usually to enforce private rights and remedies. WJ: So it was intended to be this way anyway, and they are just trying to close a loophole. BLT: Yeah, they are concerned that if it occurred somebody would say "Well this court doesn't have jurisdiction, so throw the case out." There must have been something that occurred in Honolulu that made them look at this issue, somebody wanted to do an impeachment. We've had impeachments, the courts have never denied jurisdiction here. AL: But, this would then change it. It has always been in circuit court here. BLT: It has always been in circuit court. This removes any ambiguity. AL: It's coming under number (3), and then they just.... BLT: Yeah, and basically you go back up to (a) "The several circuit courts shall have jurisdiction, except as otherwise expressly provided by statue." AL: So they will have jurisdiction of actions for impeachment. KS: Criminal, so it says that the circuit court handles four areas; criminal, civil, and actions for penalties and impeachment. AL: My understanding is that the impeachment part is more or less a civil action and could have other implications. BLT: They just want to add....