Undeterred by previous court rulings that their arguments are frivolous, two people claiming ownership of a plot of land in a Kunia agricultural subdivision “by heirdom” went back to court on Thursday seeking to disqualify a state court judge because he ruled against them.

The “Motion for Recusal,” filed in Honolulu’s First Circuit Court at 1:56 pm by Travis Thomas Mokiao and Kaiulani Mokiao, demands the “immediate disqualificiation” and recusal of Circuit Court Judge James McWhinnie, who previously ruled in favor of the landowner, Guyland LLC, and on June 15 rejected attempts to delay execution of a “Writ of Possession” he had already approved.

This latest motion came just one day after police backed down and failed to enforce a court order directing them to remove the group and their possessions. Since they took control of the area more than nine months ago, they have expanded the site from five to thirty acres.

In their recusal motion, the two merely rehash discredited claims that have already been ruled against multiple times.

For example, they claim to have been victims of “defective service,” even alleging “extensive fraud,” because several people were not legally served during the earlier court proceedings. Keola Wayne Kaleimamahu was not properly served because he was being held at the Oahu Community Correctional Center on terroristic threatening charges. That part is true. However, Kaleimamahu was previously dismissed from the case, so whether or not he was properly served is no longer an issue.

The Mokiaos argue that two others, Sam Lilikoi and Napua Hueu, both affiliated with the group known as Occupied Forces Hawaii Army, were not served and therefore were denied a right to be heard in court.

But Fred Arensmeyer, attorney for the landowner, responds that neither Lilikoi nor Hueu is a party in the case and, therefore, do not need to be served. Further, neither is an attorney, and so cannot appear in court on behalf of Occupied Forces Hawaii Army, which is now a named defendant.

A new argument raised in the recusal motion accuses Judge McWhinnie of bias because he served as president of Oahu Country Club 15 years ago.

The recusal motion argues that this case “relates to” the Hawaii Country Club, a golf course adjacent to the agricultural subdivision.

The Mokiaos alleged “he may be acting out of bias in favor of the various Country Clubs on the island, and for this reason should be recused immediately from all future hearings related to this legal matter.”

“The Mokiao Defendants are grasping at straws,” Arensmeyer responded. Hawai Country Club is not a party to this case, and nas no connections with Oahu Country Club, a nonprofit corporation with no shareholders.

“The two golf courses those entities operate are located miles apart from one-another, and do not share common management…The mere fact that Guy Fong (owner of the landowner, Guyland LLC) and Judge McWhinnie might both be interested in golf and/or golf course management certainly does not give rise to any inference that Judge McWhinnie is unable to preside impartially in this ejectment action, which has nothing to do with golf.”

Enough of the fun and games.

In other cases facing similar barrages of nonsensical paperwork, judges have ordered that court clerks refuse further filings absent a court order.

And at some point, the court is going to have to impose sanctions against the defendants for these repeated baseless motions, each of which causes delays and additional costs.

See:
“ Introducing Occupied Forces Hawaii,” iLind.net, April 22, 2022.

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“Standoff In Waipahu: Hawaiian Rights ‘Army’ Has Illegally Occupied A Private Pot Farm,” Civil Beat, June 7, 2022.

“False beliefs about land titles fuel property takeovers,” iLind.net, June 7, 2022.

“Group Occupying Honolulu Pot Farm Faces Deadline To Move Out,” Civil Beat, June 12, 2022.

“Courts quickly reject attempts to delay eviction of squatters on Kunia ag land,” iLind.net, June 15, 2022.