Tuesday, June 09, 2015


Calvin Say case shakes up Hawaii Supreme Court

by Larry Geller

The Hawaii Supreme Court issued an order and a notice today with regard to the case challenging Calvin Say’s place of residence and hence his eligibility to hold his seat in the House. The case had been appealed to the Intermediate Court of Appeals by the plaintiffs.

The order, filed at 07:51 a.m. this morning (Tuesday, 6/9/2015) transfers the case to be heard instead by the Supreme Court, which will make a definitive decision.

In the process, however, two Supreme Court judges, J. Nakayama and J. McKenna were recused for unstated reasons, and Circuit Judges Browning and Trader were substituted.

Then, at 11:55 a.m., a notice was posted by Chief Justice Mark E. Recktenwald effectively “recusing” two of his law clerks because of connections with Say:

This notice is to inform all parties that Respondent Calvin K.Y. Say is the uncle of one of my current law clerk’s spouse, and that another law clerk, prior to joining my staff, worked on a campaign involving Respondent Calvin K.Y. Say. These law clerks have not and will not perform any work on this matter.

DATED: Honolulu, Hawai#i, June 9, 2015.
/s/ Mark E. Recktenwald
Chief Justice
Electronically Filed
Supreme Court
11:55 AM

The plaintiffs are represented by attorney Lance D. Collins.


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