During a Saturday press conference, former Honolulu City Councilmember Trevor Ozawa let loose with a stream of nastiness that blamed conflicts, bias, and “dirty politics” for the Hawaii Supreme Court’s decision invalidating his 22-vote general election victory over challenger Tommy Waters.
It gave the public a rare glimpse at Ozawa’s mean, ill-tempered, and petty side.
Ozawa alleged that three of the five Supreme Court justices had major conflicts of interest that should have barred them from sitting in on his case. Their conflicts were so blatant, Ozawa alleged, that he said he was considering an appeal to federal court.
Specifically, according to the Honolulu Star-Advertiser:
Ozawa said Waters has ties to three of the five justices — Richard Pollack, Sabrina McKenna and Michael Wilson — because he was vice chairman of the Judicial Selection Commission that nominated them for appointment to the High Court.
Pollack was Waters’ boss when they both were at the Public Defender’s Office, Ozawa said, and McKenna’s law clerk rents housing from an attorney for the 39 East Honolulu residents in the case. He said McKenna previously recused herself when Waters unsuccessfully challenged the results of his 41-vote loss to Ozawa in 2014.
The State Judiciary took the wildly unusual step of issuing a Sunday press release containing a detailed reply to Ozawa’s allegations. The statement is reprinted here in full.
The Judiciary provides additional information relating to Mr. Ozawa’s statements on January 26, 2019.
Mr. Waters joined the Judicial Selection Commission (JSC) in April 2011, and he had no involvement in Justice Sabrina McKenna’s January 2011 appointment to the Supreme Court, as represented by Mr. Ozawa.
Mr. Waters did not nominate Justices Richard Pollack and Michael Wilson to the Supreme Court, as stated by Mr. Ozawa. Mr. Waters was one of nine members of the JSC, which submitted lists of finalists to Governor Abercrombie who made the appointments, subject to Senate confirmation. Mr. Waters’ tenure on the JSC ended in early 2014.
In addition, Mr. Ozawa stated that Justice McKenna’s disclosure indicated that her staff member lives at Mr. Otake’s house. Justice McKenna’s disclosure stated in full “This notice is to inform all parties to this proceeding that one of my law clerks rents a studio unit co-owned by Thomas Otake. The parties are further notified that this law clerk has not performed, and will not perform, any work in this case.”
Mr. Ozawa was able to but did not object to any justice’s participation in this case before the final decision. Mr. Ozawa also did not raise any objection to Justice Pollack’s and Justice Wilson’s participation in the 2014 election challenge involving Mr. Waters and Mr. Ozawa, in which the court rejected Mr. Water’s challenge to the election result.
Ozawa, it seems, wildly overstated the nature and extent of the alleged conflicts. And the former councilmember, who was a party to the Supreme Court case, “did not object to any justice’s participation in this case before the final decision.” Had he been truly concerned, rather than simply trying to cast doubt on the court’s decision, he would have raised those concerns before the oral arguments. There was plenty of time for that.
Ozawa, who is also an attorney on active status, should be concerned rules governing their criticism of judges, justices, and the courts.
The Hawaii Rules of Professional Conduct, rules that lawyers have to follow, provides (at rule 8.2a): ” A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer, or public legal officer, or of a candidate for election or appointment to judicial or legal office.”
Commentary accompanying the rule, meant to clarify the rule’s meaning, says “false statements by a lawyer can unfairly undermine public confidence in the administration of justice.”
Further: “To maintain the fair and independent administration of justice, lawyers are encouraged to continue traditional efforts to defend judges and courts unjustly criticized.”
Judging from the details contained in today’s Judiciary response to Ozawa’s complaints, Ozawa failed to seriously check “the truth or falsity” of his allegations that three justices were too biased or conflicted to rule fairly on Water’s appeal. This could leave him vulnerable to a complaint that he violated court rules by hurling unfounded public accusations at the justices.
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Can’t imagine this helps Ozawa’s chances in the new election. I voted for Waters anyway, if only to put someone new into the staleness.
Ozawa has a lot to lose. It’s not a wonder that he needs to fight back in whatever manner. Above points do not make him warm & fuzzy to constituents on the voting fence. (Would be valuable to know their current positions on issues important to their district’s voters, of which I think you are one. )
This has to hurt his chances. He has always been this way and now it’s even more public. It’s better to work with people than to fight with them as if they are the enemy. The only question is: where did those extra votes come from each time.
This is the polar opposite of what I would want to hear from someone who has held or running for public office. What I would like to hear is a statement like this: “I’m very concerned about preserving the integrity of our local elections. We simply must follow the rule of law and the processes in place to preserve the people’s faith in our electoral process. I’m going to now roll my sleeves up and work even harder to reach out to my constituents in the special election. I want the people to trust the system AND elect me.”
Pololei!
ODC filed a complaint against former Honolulu Prosecutor Charles Marsland for alleged false and defamatory statements against judges and attorneys (including yours truly).
My legal partner and I filed a federal lawsuit against ODC and defended Marsland’s statements as protected under the First Amenndment.
ODC dropped its case, so the First Amendement right of an elected attorney/public official was never determined.
Aloha Dan Foley. This may or may not be a First Amendment issue. It is, however, a window into the Trevor Ozawa that doesn’t show up in the shiny 4 color election pieces he mails out.
If you attend council meetings or neighborhood board meetings, you’ve seen this side of him. I watched him sit there and allow a mob scene to escalate at the Hawaii Kai Neighborhood Board meeting. People in attendance were threatened with violence, even followed home (me). All Trevor needed to do was to ask the group for calm and that that they work together for a reasonable solution. Instead, he put lives in danger because he was so busy defending his association with known criminals.
Mahalo.
I do not know nor have I had any contact with Mr. Ozawa.
My First Amendment comments were limited to his published criticism of Hawaii Supreme Court justices.
Nothing more.
Aloha.
Mike, you are s right. He has been spreading lies about why he want the City to take my private 3.300 sq. ft. driveway for $1, for the false reason of public access. There are 22 lanes on Portlock, about 50 yards apart. I see hundreds of people in the ocean everyday, without having to go across my property.
He lies about this to gain some votes. It’s ABUSE OF POWER. It would expose taxpayers to several million dollars of damages.
If publicly attacking the integrity of acting Supreme Court justices in such a butthurt, petty and reckless manner does not cost Ozawa the new election, then that district really does deserve him.
I wish we could have another shot at Natalie Iwase!
The Honolulu City Clerk has violated his oath of office, failing to meet two principal tenants of City and State and Federal election law. The six PM absentee mail ballot rule by Hawaii Revised Statutes and the use and compairison of signatures outside of the Voter registration affidavit, also regulated by H.R.S. Allowing broad access to drivers licsensing records / confidential information thats use should never be issued to third party contractors. Use of the drivers license data alone, An enourmous data base, released to a mainland contractor is a violation of confidential disclosure laws.
If the Council fails to meet prescribed duties and ensure full legal compliance with its selection and operation by it’s Clerk and Office of The City Clerk, the City Council takes and holds direct reasonsponsibility for sanctioning illegal acts, subject to Federal Prosecution. The City Council’s failure to take prompt action, also violates each Council Members oath’s of office and may incorporates them in to a scheme to defraud voting rights.
All Federal crimes. Affirmed by the Hawaii State Supreme Court!
Trevor Ozawa conformance with the Code of Professional Conduct and Canons of Ethics draws from his status as a practicing memner of the Hawaii Bar and officer of the Court. The decorum and good order of the Hawaii Supreme Court has been sacrificed and sullied for self-serving interest and personal gain.
I wish this was indeed “a rare glimpse at Ozawa’s mean, ill-tempered, and petty side” Ian. Unfortunately, it’s not rare and why I support Tommy Waters.