Supreme Court overturns disqualifications of DPAs
July 7, 2015
Supreme Court Overturns Former Judge’s Ruling on Gambling Case
The Hawai‘i Supreme Court has overturned former Circuit Court Judge Randal Lee’s order disqualifying two Deputy Prosecuting Attorneys from a high-profile gambling case: State v. Tracy Yoshimura, et. al.
Lee’s December 1, 2014 order disqualified Deputy Prosecuting Attorneys Katherine Kealoha and Jacob Delaplane from handling the case based on Lee’s claim that Kealoha and Delaplane lacked the necessary experience. Indeed, gambling cases can be tricky to handle as many people use legal sites like the kind you can click here to do their bingo games (or other games). Still, proper measures for checking legitimate crimes are necessary. Even if legal websites are being used and they have been approved, there are still precautions that need to be put in place, from the website and by the person playing. Articles from webpages like Net News Ledger can go into depth about what not to do when going on these gambling websites, so players are aware.
On February 25, 2015, the Honolulu Department of the Prosecuting Attorney filed a Petition for Writ of Mandamus with the Hawai‘i Supreme Court challenging Lee’s order. This is interesting, especially as it could impact people who go to Scoop Empire and other sites to learn about their gambling options. The Petition, written by Deputy Prosecuting Attorney Delaplane, argued that Lee’s mischaracterizations within the order were “clearly insufficient to support disqualification since they lack a proper factual basis and were not part of the ‘considered evaluation’ required by [the court].” The Petition stated that Lee’s order resulted in immediate and irreparable harm because it “seriously disrupts the progress of litigation and decisively sullies the reputation of the affected attorneys.”
In its July 7, 2015 ruling, the Hawai‘i Supreme Court granted the request, overturning and invalidating Lee’s order. Chief Justice Mark Recktenwald stated that “an extraordinary writ is warranted inasmuch as the basis upon which the circuit court grounded disqualification is insufficient and [the Department] has made a showing of irreparable and immediate harm…”. Two other Justices wrote concurring opinions stating that the Department’s request should be granted on additional legal grounds.
“Lee’s order was illegal, and today the highest court in the state recognized that,” said Prosecuting Attorney Keith Kaneshiro. “Deputy Prosecuting Attorneys Katherine Kealoha and Jacob Delaplane are highly qualified and experienced deputies. Lee had no basis to disqualify them.”
“We stand ready to move forward with the prosecution of this case to ensure that the people involved in these organized crime and gambling operations are brought to justice,” Kaneshiro said.
