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reason for rejecting the request...we have to have another reason <br /> to...that follows the statutes so... <br /> Mr. Goodenow: That it would be frivolous and he's not here...I mean that's <br /> irrelevant yes. <br /> Ms. Kahakalau: Alright so do I hear a motion? <br /> Mr. Goodenow: I'm not sure what the definition of frivolous would be <br /> exactly...that's where I'm...I mean I would say these are without <br /> merit...but he's a non-lawyer...corp. counsel care to give us <br /> advice? <br /> Ms. Kahakalau: Yes. <br /> Mr. Murai: What specific advice are you asking for? <br /> Mr. Goodenow: What constitutes being frivolous? <br /> Mr. Murai: Well...I'm not prepared to give you a definition of frivolous <br /> however...you could consider the fact that this regards a matter <br /> that's already in federal court...and perhaps the board might <br /> consider abstaining for that reason...the board could consider <br /> whether this even alleges a violation of the Code of Ethics...and I <br /> would say that if some...if a petition does not allege a violation of <br /> the Code of Ethics then it is frivolous. <br /> Mr. Goodenow: Right the violation...I mean it's alleged of course that...although it <br /> was at the same time perhaps...contempt of court or something <br /> else and of course I'm not saying it is...but that... <br /> Mr. Murai: You don't want to speculate as to what happened in federal court <br /> because we don't know. <br /> Mr. Goodenow: Well I'm just reading what his petition is...his petition is saying <br /> that...she did not treat him in a fair, courteous manner and <br /> because she...I don't know...I'm just stuck on whether there's <br /> grounds to not accept it...that's where we're at. <br /> Mr. Adams: So Madame Chair I'm just...I am...I continue to be uncomfortable <br /> that we're having any discussion when we're not actually <br /> operating under any type of motion...and so... <br /> Mr. Murai: I'm sorry I believe the Chair did call...did you call the two <br /> petitions? <br /> 7 <br />